ESA50 form lost by ATOS, medical now needed

Dollydee wrote:

Hi

If ATOS has lost a ESA50 form or not received it, can they just send you for a medical when moving from IB to ESA ?
How can they score you on points if they have nothing for a DM to work on ie answers to questions and evidence provided from claiment ?

Also do you have to be getting DLA to be placed in the support group of ESA ?

It is possible for a claimant to be be sent an appointment for a medical when the ESA50 is not available, although the circumstances are limited.

First, the medical booking process is independant of the ESA50 tracking system, this can result in the medical being booked before the ESA50 has been returned, although with most ATOS Healthcare Centres being overloaded, this is less likely to happen at the moment than previously.

Secondly, where it is known that the claimant has mental health issues, it is permissable for ATOS to carry out a medical if the ESA50 is missing.

If the ESA50 was issued, completed and returned but is now missing from both the DWP and ATOS files, then you should be contacting both parties regarding this matter. A DWP Decision Maker making a Decision on a claim without considering an ESA50, where one should be available, would be good cause for an appeal.

Gordon

Dollydee

It would be possible for a DM to make a Decision without the ESA50, however, this would most deinitely be an appealable Decision.

Have you had a medical yet? If not, then the important thing is to not let it get to this stage.

Hopefully you retained a copy of the ESA50 and I would suggest you send a copy to the DWP, for attention of the DM, and take a copy with you to the medical.

If you have had the medical then you need to contact both the DWP and ATOS to find out what happended to the the form, and in particular with the DWP, delay a Decision being made until they can receive a copy of the form.

Good luck

Gordon

Dollydee

Sorry, forgot your question on Fibromyalgi.

Although there is no clear definition in the DWP reference source, the A-Z of Conditions, the document referenced, explains that many of the symptons are phyisical in nature, so it is reasonable to assume it will be treated as a Physical disability, however, this does not preclude you referring to any mental conditions that might result, for example depression.

Gordon