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ESA50 NOT being read!!

  • B3th56
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11 years 5 months ago #92710 by B3th56
ESA50 NOT being read!! was created by B3th56
I went with my husband yesterday to his second RMO in just over a year. Last time he had 15 points very quickly into the meeting, so the Doctor stopped the procedure earlier, she was very understanding and explained about receiving another form within a year and she stated it would be more of a formality.
I’ve always much appreciated this site and tried to follow any suggestions re: completing the forms, as is deemed applicable to my husband illnesses. As such I complete nearly every box on the ESA50 form, often attaching further pages where necessary. I always clearly mark the extra pages with his name, NI no, etc. I fully complete the ESA50 as my husband condition affects every part of his body and as such every question is relevant. If you don’t put it down, how are they to know how he copes with daily life?
Yesterday, when we were eventually called in, she said she couldn’t possibly read the “book”, she’d be there till lunchtime (9.00 am appointment). She said she didn’t think that anybody would read it. My husband, courteously asked, then who does read it, she answered curtly “no one”. When my husband asked, what is the point of filling in the form, so became quite ratty. I asked her to look at a copy of my husband’s back x ray, as it is obvious why he’s in such pain. She stated she didn’t do x rays!!
Fortunately it became very obvious my husband was in tremendous pain, she became very sympathetic and understanding, she made a phone call and then stated the interview was over.
Is it right for them NOT to read the completed form? What is the point in claimants trying to express what difficulty they have with undertaking tasks for it to be dismissed and not even looked at? When do you think he’ll be called for another RMO?
Many thanks for all the help and advice, I’ve received for this website.

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11 years 5 months ago #92712 by Gordon
Replied by Gordon on topic Re:ESA50 NOT being read!!
B3th56

Section 3.1.2 of the WCA Handbook, which instructs ATOS staff how to carry out an assessment, clearly states that they should read the ESA50 and any evidence attached to it prior to starting the examination.

Their failing to do this would significantly undermine the relevance of any medical report that they then produce, and would certainly have value to a claimant at an appeal.

Gordon

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

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