ESA medical: take supporting docs ? take notes ?

I completed my ESA50 with help from local DIAL office. I took along some documentation written by GP and private doctor's report. DIAL said not to enclose as GP's report 'unhelpful' and private doctors report was too old (2008). I have M.E.

Got appt. for medical today and phoned DIAL to ask whether person accompanying me should take notes. DIAL says no and don't take docs to medical either.

Just wonder what other people think ?

Be grateful for advice/opinions

Thanks

Hi nozark

I can't comment on the documents. It may be inadvisable to use them if they are unhelpful and only somebody who's seen them can advise.

What was the reason for DIAL telling you not to have a companion taking notes?

You are perfectly entitled to have somebody with you at the assessment taking notes and I can't think of any reason why you shouldn't, if that is what you wish.

Regards

Derek

The DIAL advisor said 'the ATOS people wont like it. They may stop the assessment' I said I didnt give a moneys whether they liked it....but was it advisable ? She still seemed very hesitant. I thought B&W would advise taking notes and other sources have agreed. Very strange advise from DIAL I think.

The notes are from 2008 but very comprehensive and outline exactly how I am and nothing has chnaged since then...but maybe they are too out of date ? I dont have anything more up-to-date

Hi, I think you should ask yourself whether or not you think the notes are helpful or not.

If you think they are, then send them in. As has been stated on the forum before, if consultants can't do any more for you, they don't see you any more. This doesn't mean you are better.

Although it was at the appeal stage, not the WCA stage, I used consultant letters from 2005 and they helped win my appeal.

Best wishes,
Rachel

Hi nozark

DIAL are probably correct so far as the HCP won't like it, but the HCP should not stop the assessment. Page 125 of the WCA Handbook that you can find in the members' area states:-

4.1.4 Taking of Notes during an Examination by Claimant or Companion

From time to time you may encounter a situation where the claimant is accompanied by a companion and either the claimant or companion may wish to take notes during the assessment.

Persons who are entitled to be in attendance are always entitled to take notes. This is because it is for their own purposes and not an official record of the process.

To attempt to deny the right to do so is likely to be contrary to Human Rights legislation.

To request a copy of the notes is unlikely to be helpful – it will place you in the position where you will be obliged to review the notes and comment on their reliability.

However, you should record in the medical report, the fact that notes were being taken. The following warning should also be given and the fact documented in the report. LiMA will offer the phrases as an optional addition. For any handwritten report, on the rare occasions when this is necessary, the report should be annotated on the front cover.

The form of words you should use has been clarified on legal advice. Please replace any copies of existing desk aids you hold with the one incorporating the following form of words:

“Where notes are taken by you, we consider it of assistance to both myself, as the examining practitioner, and yourself to point out the following:

1. It is your right to take notes for your own use and benefit.

2. The notes will not be included in the Report I make save for the fact that notes were taken and further, they are not accepted by myself or the DWP as an official record of this examination.

3. If the notes are subsequently produced at any time for any purpose, such as part of an appeal process, I the Examining Practitioner, my employer and the Dept of Work and Pensions reserve all rights to challenge anything in the notes in the event we are asked to comment on the content of the notes at a future time.

4. You are free to use your notes as you choose but if you chose to publicise the notes (other than in connection with correspondence with the DWP or under any appeal procedure) I would ask that you do not publicise my name. “

It's up to you whether you take the old reports to the medical. If you have nothing more up-to-date there is no harm in sending a copy to the decision maker and stating that you have nothing more up-to-date but your condition is unchanged, but it would be preferable to try to obtain supporting evidence from your GP or GP notes.

Good luck

Derek

Derek4 wrote:

Persons who are entitled to be in attendance are always entitled to take notes. This is because it is for their own purposes and not an official record of the process.

To attempt to deny the right to do so is likely to be contrary to Human Rights legislation.

Is there any reason why particularly in the last paragraph this should not apply to the recording of medical assessments, the only salient exception being that audio/visual recordings will be an official record of the process?