ESA MEDICAL

I receive ESA and am being re-assessed at the DWP’s request. With help from your manuals I made sure my recent ESA50 gave the fullest description of how severe ME affects me, and as evidence I included detailed information from my hospital consultant and GP recommending I be placed in the support group. Despite my GP emphasising the negative effect on my condition of having to attend a medical assessment, I have been given a date by ATOS. I am shattered by this news. Just remembering the first medical makes me feel worse and I really have nothing to add in terms of information or medical evidence.

I have several questions for the forum 1) Is it true that all ESA re-assessments require an Atos medical, as my husband was told when he rang Jobcentreplus to ask why I am being called for one? 2) If he asks Atos why they want to see me, are they required to be more specific? 3) What is likely to happen if I refuse to attend the medical and ask the DWP to make a decision without an ESA85, and if they do not place me in the support group to send my case to appeal automatically? 4) Do I lose the right to an appeal by refusing to attend the medical? I know this is convoluted, by any advice would be very welcome. Thanks

Good afternoon,
Sorry to hear of your dilemna.
I can only answer question 1.
No not re=assessments require a medical.
The DWP/DM may well look at your paperwork again b4 it goes to appeal as did mine.
Format and how it all works is laid down but Ibelieve it is dependant on who views your paperwork etc, all guesswork and subjective to say the least. Good luck.
Others will answer other questions and again no 1.

My experience of attending the medical was that they were looking for what you could do not what was wrong with me. I was apprehensive but I found the actual medical less traumatic than I expected. I did have to make sure that they wrote what I actually said about what I could and couldn't do, not what they presumed.

Pepi wrote:

I receive ESA and am being re-assessed at the DWP’s request. With help from your manuals I made sure my recent ESA50 gave the fullest description of how severe ME affects me, and as evidence I included detailed information from my hospital consultant and GP recommending I be placed in the support group. Despite my GP emphasising the negative effect on my condition of having to attend a medical assessment, I have been given a date by ATOS. I am shattered by this news. Just remembering the first medical makes me feel worse and I really have nothing to add in terms of information or medical evidence.

I have several questions for the forum 1) Is it true that all ESA re-assessments require an Atos medical, as my husband was told when he rang Jobcentreplus to ask why I am being called for one? 2) If he asks Atos why they want to see me, are they required to be more specific? 3) What is likely to happen if I refuse to attend the medical and ask the DWP to make a decision without an ESA85, and if they do not place me in the support group to send my case to appeal automatically? 4) Do I lose the right to an appeal by refusing to attend the medical? I know this is convoluted, by any advice would be very welcome. Thanks

1. No, it is not true that all ESA re-assessments require a "medical" it can be done on "paper scrutiny" alone.See :

2.5 Re-referral Scrutiny, on Page 37 of the WCA handbook, accessible from here ;

ESA Guides

2. They do not have to give a reason for requiring you to have a face to face, they can simply say to gain sufficient evidence.

3.If you refuse to attend without just cause your money will stop, and you will be classed as "fit for work"

They do allow one rearranged appointment, again if you have good cause.

4.You would have the right to appeal, but you would not receive any money whilst appealing.

bro58

Thanks for the replies - I'm clearer about my options now.