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ESA Medical cause for concern
- RichT
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- Gordon
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If this is a new claim for ESA, then the burden of proof lies with you, if this is a re-assessment, whilst the burden of proof then lies with the DWP to show you no longer qualify for ESA, however, claimants would be well advised to treat it as a new claim!
Whilst ESA medical reports are used to triger DLA re-assessments, this actually happens quite rarely and does not mean that you will not retain your existing award.
The following FAQ explains more about the ESA medical.
ESA Medical – What to expect
Good luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- RichT
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- Crazydiamond
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- Posts: 2022
Hi I am off for a medical with the dreaded atos next month and would like the benefit of your advice if possible, now the medical doesn't really over bother me to be honest it simply annoys me that I HAVE to prove I am ill.. I suppose the biggest worry I have is that I receive DLA (Indefinite) I am worried sick I will lose my car especially after reading so many horror stories where genuine people get ignored by these so called professionals who appear to have an agenda to abide by.
As you are to attend a medical assessment for ESA you are likely to have been awarded ESA either at the assessment rate on a new claim, or the WRAG or support group rate on a continuing claim.
Except in the very rare exceptional circumstances whereby their is no ESA award prior to a medical assessment, the burden of proof will always rest with the DWP unless you are claiming to meet either Regulation 29(2)(b) or 35(2)(a)(b) of the ESA Regs.
In the latter case the burden of proof lies with the claimant to show that they are entitled to ESA beyond the assessment phase.
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- RichT
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