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ESA reassessment & ESA113
- mayflower
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10 years 10 months ago - 10 years 10 months ago #105403 by mayflower
ESA reassessment & ESA113 was created by mayflower
I have been in receipt of ESA since 2010, initially in the WRAG, after a reassessment & WCA in July 2011 in the Support Group & still here after another reassessment without a WCA in Jan 2012.
I was sent a ESA50 01/13 in April & returned it to Atos well before the deadline in May. I used the new B&W guides, cut & pasted from my last ESA50 03/11 where I could, updated elsewhere & included all the supporting evidence I could. I had clearly given the dates when I would be unavailable to attend a WAC & tried not to give it any more thought.
At the end of last week I contacted customer services for Atos asking if my ESA50 had been received as my holiday was not far off & although the dates were on the ESA50 I didn't want to run the risk of being called for a WCA in my absence. I was told "... our records do not show we have received your completed ESA50 questionnaire. However, we have received information from your GP (form 113) on ... May, subsequently the decision to ask you to attend for a face to face assessment has now been made. When an appointment slot becomes available, you will be notified of the date and time of your assessment appointment."
This was the first time a ESA113 has been requested. It would be out of character for my usual GP, who is excellent, to complete & return any form/report without my knowledge & without giving me a copy which makes me think it was done by a colleague who did not give the full details. I have since written to my usual GP asking fo a copy of the report but am not expecting to receive it before the end of the month as I know she is away from the surgery until then. I have booked an apppointment with her for when I am back from my holiday.
My ME remains unchanged but I have since August 2011 been diagnosed with Osteoarthritis in both hips which has made my life even more difficult & I had hoped to avoid WCA
Is it permissable for Atos/DWP to ask for a ESA113 to be done & decide a WCA is necessary before receiving & reading the ESA50 as it seems to me both are in contravention of the Revised WC A Handbook (Version: 6 Final 19 March 2013) page 43? If it is not permissable do I have any redress against Atos/DWP?
I was sent a ESA50 01/13 in April & returned it to Atos well before the deadline in May. I used the new B&W guides, cut & pasted from my last ESA50 03/11 where I could, updated elsewhere & included all the supporting evidence I could. I had clearly given the dates when I would be unavailable to attend a WAC & tried not to give it any more thought.
At the end of last week I contacted customer services for Atos asking if my ESA50 had been received as my holiday was not far off & although the dates were on the ESA50 I didn't want to run the risk of being called for a WCA in my absence. I was told "... our records do not show we have received your completed ESA50 questionnaire. However, we have received information from your GP (form 113) on ... May, subsequently the decision to ask you to attend for a face to face assessment has now been made. When an appointment slot becomes available, you will be notified of the date and time of your assessment appointment."
This was the first time a ESA113 has been requested. It would be out of character for my usual GP, who is excellent, to complete & return any form/report without my knowledge & without giving me a copy which makes me think it was done by a colleague who did not give the full details. I have since written to my usual GP asking fo a copy of the report but am not expecting to receive it before the end of the month as I know she is away from the surgery until then. I have booked an apppointment with her for when I am back from my holiday.
My ME remains unchanged but I have since August 2011 been diagnosed with Osteoarthritis in both hips which has made my life even more difficult & I had hoped to avoid WCA
Is it permissable for Atos/DWP to ask for a ESA113 to be done & decide a WCA is necessary before receiving & reading the ESA50 as it seems to me both are in contravention of the Revised WC A Handbook (Version: 6 Final 19 March 2013) page 43? If it is not permissable do I have any redress against Atos/DWP?
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #105410 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reassessment & ESA113
mayflower
I would actually contact your GP's practice in regard the ESA113, the Practice Manager should be able to tell you if one has been received, who completed it, and arrange for copy to be made available.
There are circumstances where ATOS can proceed to an assessment or even make a recommendation to the DWP on a claim without them having received an ESA50, however, where this happens you would be able to challenge any Decision that resulted.
If you do have a face to face assessment then you could take a copy of the "missing" ESA50 and ask the assessor to read it before continuing with the interview. I would also send a copy to the DWP for the attention of the Decision Maker.
Gordon
I would actually contact your GP's practice in regard the ESA113, the Practice Manager should be able to tell you if one has been received, who completed it, and arrange for copy to be made available.
There are circumstances where ATOS can proceed to an assessment or even make a recommendation to the DWP on a claim without them having received an ESA50, however, where this happens you would be able to challenge any Decision that resulted.
If you do have a face to face assessment then you could take a copy of the "missing" ESA50 and ask the assessor to read it before continuing with the interview. I would also send a copy to the DWP for the attention of the Decision Maker.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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