quick question

Sandra wrote:

i have just rung up the dwp and they have said that they ask for this esa113 after my daughter has gone for medical. is that right? also they have said the burden of proof is on my daughter not the dwp.

Hi S,

It may well be the case that the ESA113 is issued after the medical, and also taken into account, then.

Something you may wish to revert back to, if they don't issue one.

If a claimant is in receipt of a benefit such as IB, or ESA, and the DWP instigate a review of the claimant, any resulting decision is classed as a "supersession" in that case the "Burden of Proof" is indeed with the DWP to show why the claimant no longer qualifies for the benefit, if an adverse decision is to be given.

It may be best now to await the outcome, and then take it from there.

bro58

right ok. thanks for the inforamtion. i am in two minds if i should ring back again to ask why they have not sent an esa113 as my guess will be they wont even ask the doctor for one anyway.
do i/we have the right to ask for an esa113 to be sent if my daughter fails the medical or after she has been to it? sorry for all the questions just need to know.

Sandra wrote:

i have just rung up the dwp and they have said that they ask for this esa113 after my daughter has gone for medical. is that right? also they have said the burden of proof is on my daughter not the dwp.

That does seem odd to request it after the medical.

When I had my recent medical the doctor very much led his questions from things my doctor had said on the ESA113.

It is most definately something to keep in mind if you have to appeal the decision!!

Sandra wrote:

right ok. thanks for the inforamtion. i am in two minds if i should ring back again to ask why they have not sent an esa113 as my guess will be they wont even ask the doctor for one anyway.
do i/we have the right to ask for an esa113 to be sent if my daughter fails the medical or after she has been to it? sorry for all the questions just need to know.

Hi S,

They may use this extract :

2.2
ESA113
2.2.1
Background
Most information requests regarding Incapacity Benefit (IB) and Employment and Support Allowance (ESA) claims will be on the ESA113.

"We ask you to complete this form if we think that the patient may have a severe health condition or disability but do not have enough information to be sure."

From this document :

www.dwp.gov.uk/docs/medical-reports-completion.pdf

As the reason for not issuing one.

As I have said, you could revert back to this if they fail to issue one, and give a "fit for work" decision

bro58

ok thanks for that. i do have to say i am not sure what it all means? do they think my daughters conditions are not severe enough to send an esa113 to her GP? i have no idea how they will ask my daughter questions about her conditions without the GP information unless they use her form and supporting letter from her GP. I just dont understand why the have not sent one and surely they would want more information then just her esa50?