GP supposed to be contacted before ESA decision?

Isobel
wrote:

Hi folks,

My friend has just had her decision on migration from IB to ESA. She got a big fat 0 and they have not contacted her GP for information.

I thought they had to consider all evidence including report from GP but might have got it wrong.

It will be my turn soon for the dreaded medical so would really like to know as it will probably be the same dismissive doctor I get as we live in a remote area.

Thanks in advance for any replies.

Isobel

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.

Carazydiamond I dont think she did note that on the form which is a pity. Unfortunately its too late for me to do it as my ESA50 was sent off in June.

Complications with GP abroad and the equivalent of DWP there mucking up things and not arranging a medical mean I am waiting to hear about getting one here.

I have to write with details of my new GP so maybe I could aske for tyhat statement to be added to my form? worth a try anyway unlöess of course they have decided I am not getting IB or ESA without a medical.

Isobel

Whatever your circumstances, having waited five months and counting for a decision on ESA entitlement would appear to be an unacceptable length of time, but if you are currently receiving payment of IB/ESA, it may be the best policy to let sleeping dogs lie.

If not, the persons responsible at the appropriate authority want their backsides well and truly kicked!

My ESA50 returned 13ht June, because GP in Sweden refused to give info i was told I would have to have a medical and that swedish DWP would contact me.

They eventually sent a letter end of August not arranging a medical but asking me if I had a doctor who would fill in the original form, doh no!

At this point I phone DWP saying the problems with swedish DWP and asked as I was moving back home in 4 weeks if I could get a medical in the UK, to which the agreed.

Now waiting for medical after phoning them as asked to let them know I was back in UK. Now with IB payment not appearing am worried they have stopped it thinking I have refused a medical in Sweden. But I have kept copies of email correspondence just in case.

Should find out tomorrow if they actually do call me back this time.

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?

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 I,

It would appear that for reasons unknown to me, that you were not transferred over from IB to ESA when you filled in your last ESA50.

You should be able to confirm, if you are still in receipt of IB by looking at the entry on your back account.( if IB will say IB)

It looks like you will have to fill in your ESA50 03/11, in order to be migrated over to ESA.

You may like to complain to the DWP regarding this issue, however I would still advise that you fill in and return the ESA50 03/11 by the deadline given.

Failure to do this could result in your benefit being stopped.

You may find it easier to use the Pdf version that can be accessed from here. :


www.benefitsandwork.co.uk/forum?func=vie...imit=6&start=6#70879

Using our ESA Guides accessed from here. :

www.benefitsandwork.co.uk/help-for-claimants/esa

Hope this helps.

bro 58