GP supposed to be contacted before ESA decision?

Isobel wrote:

Well finally got my IB in bank today after major hassle and multiple phone calls.

Next problem is I have just had a letter from ATOS with a new ESA form (EAS50 3/11) so I phoned today to say I had filled in one in June and not had the medical yet.

Woman on phone just kept saying its for migrating from IB to ESa and you must fill it in or lose your benefit.

Is this right that they can ignore the last one, it took so long to do it I am really not looking forward to repeating the experience again.

Plus it was the older form and it has more questions than the new one so will probably be worse off with the new one.

Anyone know if they can ignore the last one even though a decision wasnt made, ie getting ESA or not?

Hi Isobel

It appears that after getting your IB you are now being migrated to ESA. In order to prepare you might like to read the B&W guides here -

What will I be transferred to?

Please let us know if you have any further general questions.

Regards

Michael

Hi Isobel, have you any idea why you filled in an old claim form in June, when the new ones came out in March?

Or are the IB forms totally different?

Best wishes,
Rachel

Thanks Bro58 for your reply, it doesnt say IB on my account, just my national insurance number so still none the wiser.

I woud have thought I should have had a letter if I had been transferred to ESA but nothing surprises me anymore with the DWP.

Am sure they make it so complicated so people just get stressed out and give up.

Rachel, no idea why I got the old form, maybe people living abroad got the old one or just more DWP incompetence.

Michael, I was told I was migrating to ESA when I got the first form, all a bit confusing as it seems they have just ignored it.

I will definitely be reading through the guides again, still at least a little reprieve until I get my medical.

thanks everyone for the replies.

Looking on the bright side of having to fill in another ESA50 at least this time I can take Crazydiamond's advice below and maybe stand a better chance.

If your friend had stated on form ESA50 that Atos and/or the DWP should contact her GP and they failed to carry out the request, there may have been grounds to argue that the ESA decision was wrong, because the DM failed to discharge the requisite burden of proof when terminating the IB award and the failure to subsequently award ESA. However, in the absence of any such request, it would be difficult to put forward this as an argument on appeal.

It would be a useful pointer when you receive your ESA50 to make it clear on the form that in order for a valid assessment to be made, Atos and/or the DWP should contact all the health professionals involved with your care. This request should put the ESA decision maker on notice that all the (medical) evidence must be taken into account in advance of a decision on ESA entitlement.