× Members

ESA50 and Supporting Evidence

  • george
  • Topic Author
11 years 8 months ago - 11 years 8 months ago #88718 by george
ESA50 and Supporting Evidence was created by george
I have a copy of a letter from my consultant to my GP outlining my condition and his recommendations for my care, which I was intending to attach to my ESA50.

However, I have read that unless you manage to get the permission of the author of evidence submitted, it will be challenged as inadmissible.

If I don’t manage to get the consultant’s permission, or it doesn’t come in time, but, I submit it anyway, will I be informed that the evidence has been challenged as inadmissible so I know that a huge chunk of my evidence hasn’t been taken into consideration, or will they simply choose to ignore it, and yet not inform me that this is the case?

Thanks for any info
Last edit: 11 years 8 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 8 months ago #88722 by Gordon
Replied by Gordon on topic Re:ESA50 and Supporting Evidence
George

If you have legally obtained a copy, then you can make it available to the DWP for their consideration, there should be no reason why they will not consider as part of your submission.

Gordon

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

Please Log in or Create an account to join the conversation.

More
11 years 8 months ago #88728 by shrinathji
Replied by shrinathji on topic Re:ESA50 and Supporting Evidence
Hello,

With regards to supporting evidence, can this still be submitted even after one has sent off ESA50.

I had to send my husbands off, as deadline was fast approaching and am still awaiting one report.

If this can be submitted, who should tis go to, Atos or D/m ???

Many thanks.

Radhika.

Please Log in or Create an account to join the conversation.

  • bro58
11 years 8 months ago - 11 years 8 months ago #88731 by bro58
Replied by bro58 on topic Re:ESA50 and Supporting Evidence
radhika wrote:

Hello,

With regards to supporting evidence, can this still be submitted even after one has sent off ESA50.

I had to send my husbands off, as deadline was fast approaching and am still awaiting one report.

If this can be submitted, who should tis go to, Atos or D/m ???

Many thanks.

Radhika.


Hi R,

Yes it can, it should be sent to ATOS at the same address as the ESA50 was sent to, by recorded delivery.

As always, ensure that the Name, NI Number, DOB etc, are on every page of evidence sent.

State that this extra evidence should be used in conjunction with the ESA50 in coming to a decision.

It may also be advisable to send a copy to the ESA DM, as it is he/she who actually makes the decision.

If a claimant does not have time to send any further evidence before any face to face assessment is carried out, copy of such evidence can be taken to the assessment and handed to the ATOS HCP at the start, it is also advisable to post copy to the ESA DM as well though, just in case the copy handed to the ATOS HCP is lost.

bro58
Last edit: 11 years 8 months ago by bro58.

Please Log in or Create an account to join the conversation.

  • george
  • Topic Author
11 years 8 months ago #88738 by george
Replied by george on topic Re:ESA50 and Supporting Evidence
Thank you Gordon,

That was just the answer I was hoping for.


My original concerns originated with this document:


Training & Development

Revised WCA Handbook
ESA (LCW/LCWRA) Amendment
Regulations 2011


MED-ESAAR2011HB~001

Version: 4 Final
4th October 2011

Quote.
4.2.3 Unauthorised information

Unauthorised information comprises letters written from one healthcare professional to another and forwarded to a third party without the express Permission of the author of the letter.
Hospital discharge letters for example are often sent along with factual reports from general practitioners.

Unless the General Practitioner has first sought the permission of the author of the letter it should be regarded as unauthorised.

If you encounter such information, and you are unsure how it should be dealt with, you should seek advice from an experienced practitioner.

If the unauthorised information is removed from the file it may be necessary to refer the claimant for assessment by a different practitioner as your opinion may be influenced by evidence which would not be available to the Decision Maker.
Unquote.

____________

I assume the letter I have is legal. I asked my doctor for a copy and he provided it.

Usually a cc is sent to the patient these days, but on this occasion I didn't get one. Therefore, I asked my GP for a copy. It is a photocopy of correspondence between two doctors and although *about* me, is not *to* me.

I suppose the main thing I wanted to know, is if they do decide any of the evidence is unauthorised for this or any other reason, will I be informed of this, so that I know to try and get an authorised version of the evidence to submit instead.

Grateful thanks.

George.

Please Log in or Create an account to join the conversation.

More
11 years 8 months ago #88746 by shrinathji
Replied by shrinathji on topic Re:ESA50 and Supporting Evidence
bro58 wrote:

radhika wrote:

Hello,

With regards to supporting evidence, can this still be submitted even after one has sent off ESA50.

I had to send my husbands off, as deadline was fast approaching and am still awaiting one report.

If this can be submitted, who should tis go to, Atos or D/m ???

Many thanks.

Radhika.


Hi R,

Yes it can, it should be sent to ATOS at the same address as the ESA50 was sent to, by recorded delivery.

As always, ensure that the Name, NI Number, DOB etc, are on every page of evidence sent.

State that this extra evidence should be used in conjunction with the ESA50 in coming to a decision.

It may also be advisable to send a copy to the ESA DM, as it is he/she who actually makes the decision.

If a claimant does not have time to send any further evidence before any face to face assessment is carried out, copy of such evidence can be taken to the assessment and handed to the ATOS HCP at the start, it is also advisable to post copy to the ESA DM as well though, just in case the copy handed to the ATOS HCP is lost.

bro58



Many thanks for your reply.

Just a quick question, when submitting additional evidence to DWP, would one just address it to D/M with Name, B.O.B. etc ???

As i have no contact name, other than the name of the previous decision maker. (could i address it to him??)

By the way George, i think you are worrying unecessarily.

Many people, including myself has obtained copies of info from GP, who at the end of the day is your first and final point of contact. If he was happy to orovide you with info on yourself to prove your problems, then info has to be taken into account by Atos and DWP. :)

Radhika.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.