ESA 50 Form/Medical

Can anyone help?

I never ever received a Medical Assessment form for my WCA's.The ATOS HCP showed me my file (surprisingly) in the interview, whilst interrogating me about where was the 'pink form, as she had nothing to go on' I am glad she admitted n the interview that she had no information to go on, a point noted by the witness and note taker I brought along to the interview with me.

I explained to the HCP that this was not my responsibility, I had already explained, and signed a declaration, (which was in the same file -it appears she did not read my file prior to my appointment!) explaning why I received none of their paperwork. ( Mail was been stolen)

The medical was a complete farce, lasting abut a minute and a half ( but I'll leave that description to another post)

A few days later, I got a Jobcentre letter back stating that I was no longer entitled to ESA, and one of the reasons cited was the Questionnaire I filled in recently!!!! as well as the results of the ATOS medical.

My queries are:, How is it possible to use a non existant "questionaire that I allegdly filled in recently" as a legal reason to deny me benefit? I made a FOI request asking for ths 'non existent form and other things. Surprise, Surprise, no form was sent, neither did they give me an explanation. She also forced me to get up onto the high couch which had problems with the steps, and firmly pushed down on my legs whilst I was on my back to see if I could bend them , causing me pain and distress. I have chronic back pain, and diagnosed as such.

Should this be pointed out to the tribunal panel?. I have a hearing soon.

judgerumpole wrote:

Can anyone help?

I never ever received a Medical Assessment form for my WCA's.The ATOS HCP showed me my file (surprisingly) in the interview, whilst interrogating me about where was the 'pink form, as she had nothing to go on' I am glad she admitted n the interview that she had no information to go on, a point noted by the witness and note taker I brought along to the interview with me.

I explained to the HCP that this was not my responsibility, I had already explained, and signed a declaration, (which was in the same file -it appears she did not read my file prior to my appointment!) explaning why I received none of their paperwork. ( Mail was been stolen)

The medical was a complete farce, lasting abut a minute and a half ( but I'll leave that description to another post)

A few days later, I got a Jobcentre letter back stating that I was no longer entitled to ESA, and one of the reasons cited was the Questionnaire I filled in recently!!!! as well as the results of the ATOS medical.

My queries are:, How is it possible to use a non existant "questionaire that I allegdly filled in recently" as a legal reason to deny me benefit? I made a FOI request asking for ths 'non existent form and other things. Surprise, Surprise, no form was sent, neither did they give me an explanation. She also forced me to get up onto the high couch which had problems with the steps, and firmly pushed down on my legs whilst I was on my back to see if I could bend them , causing me pain and distress. I have chronic back pain, and diagnosed as such.

Should this be pointed out to the tribunal panel?. I have a hearing soon.

Hi JR,

Is this of any help from rightsnet? :

www.rightsnet.org.uk/forums/viewthread/2008/

I note that the ESA50 had not been lost in the post though, as in your case.

bro58

Hi JR

The letter stating that the HCP to your questionnaire into consideration is just a standard letter that assumes that all claimants have filled in an ESA50. Nevertheless it substantially devalues the face-to-face assessment and it's definitely worth bringing this to the tribunal's attention, along with your other grounds of appeal.

Good luck

Derek

Hi Bro58.

Thank you for your link. It makes very useful reading. I just find it completely incredulous that information from a non existant cn be 'used' against someone to deny them benefit....

Thank you Derek for your kind comments. The ESA 65 form which was sent to me from Jobcentre PLus has four catergories. Two have been by the Jobcentre. The reasons were : Information taken from your questionaaire you filled in recently, and ATOS medical assessment report.

As I have since discoverd, JCP must give written statement of reasons for their decision. I made a FOI request asking for ths ' non existant ESA50 form., which I knew they couldn't produce. They only sent me 2 of the 4 items I asked for. They did not provide any reasons for failing to produce the other pieces of information I requested. DWP and JC Guidelines regarding a Freedom of Information request explains that if information cannot be sent or disclosed to an enquirer, they must give clear reasons as to why ths annot be done. To date I have heard nothing.

Hi judgerumpole

I'm afraid that the ESA65 is the written statement of reasons - it's only really a statement of reasons by name. The full detailed reasons will be included in the appeal papers.

When you mention FOI, I think you mean Subject Access Request (SAR). This is for requesting personal information under the Data Protection Act.

Regards

Derek