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ESA113 and Appeals Bundle

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12 years 5 months ago #69236 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA113 and Appeals Bundle
Fedup wrote:

Thankyou Michael, I appreciate your replies.

I was wondering because CD mentioned 'burden of proof' in another post.

Obviously that is not for a first application of ESA but I have a reassessment coming up.

I will be very interested to see if my GP is contacted this time as there is no evidence to suggest that they were last time.

Thankyou again,
Rachel


The procedure for the issue of form ESA113 has changed since Atos took responsibility for the ESA work capability assessment, in October 2008.

Under the old IB procedures in the case of certain illnesses, an IB113 was always issued by the DWP in accordance with the standard procedures. This was before an IB50 was issued. Indeed, if the IB113 was completed by a GP this could dispense with the issue of an IB50, as sufficient information may have been available to satisfy the PCA.

Under the ESA procedures however, it would appear that the issue of an ESA113 is purely discretionary and is only considered appropriate by Atos, in the light of the information provided on form ESA50 by the claimant. As the issue of the ESA113 is discretionary and it can be established that it has not been issued, it can always be argued that it should have been issued otherwise the ESA decision maker has not discharged the required burden of proof, to supersede the ESA award.

Since you drafted your post, I have now added further related information in the "Successful IB/IS Migration" thread.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • michaelg
12 years 5 months ago #69237 by michaelg
Replied by michaelg on topic Re:ESA113 and Appeals Bundle
CD

Many thanks.

M

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  • RachelPotter
  • Topic Author
12 years 5 months ago #69240 by RachelPotter
Replied by RachelPotter on topic Re:ESA113 and Appeals Bundle
Many thanks CD for all the information, much appreciated! :)

Best wishes,
Rachel

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