ESA50 and Supporting Evidence

I have a copy of a letter from my consultant to my GP outlining my condition and his recommendations for my care, which I was intending to attach to my ESA50.

However, I have read that unless you manage to get the permission of the author of evidence submitted, it will be challenged as inadmissible.

If I don’t manage to get the consultant’s permission, or it doesn’t come in time, but, I submit it anyway, will I be informed that the evidence has been challenged as inadmissible so I know that a huge chunk of my evidence hasn’t been taken into consideration, or will they simply choose to ignore it, and yet not inform me that this is the case?

Thanks for any info

Hello,

With regards to supporting evidence, can this still be submitted even after one has sent off ESA50.

I had to send my husbands off, as deadline was fast approaching and am still awaiting one report.

If this can be submitted, who should tis go to, Atos or D/m ???

Many thanks.

Radhika.

radhika wrote:

Hello,

With regards to supporting evidence, can this still be submitted even after one has sent off ESA50.

I had to send my husbands off, as deadline was fast approaching and am still awaiting one report.

If this can be submitted, who should tis go to, Atos or D/m ???

Many thanks.

Radhika.

Hi R,

Yes it can, it should be sent to ATOS at the same address as the ESA50 was sent to, by recorded delivery.

As always, ensure that the Name, NI Number, DOB etc, are on every page of evidence sent.

State that this extra evidence should be used in conjunction with the ESA50 in coming to a decision.

It may also be advisable to send a copy to the ESA DM, as it is he/she who actually makes the decision.

If a claimant does not have time to send any further evidence before any face to face assessment is carried out, copy of such evidence can be taken to the assessment and handed to the ATOS HCP at the start, it is also advisable to post copy to the ESA DM as well though, just in case the copy handed to the ATOS HCP is lost.

bro58

Thank you Gordon,

That was just the answer I was hoping for.


My original concerns originated with this document:


Training & Development

Revised WCA Handbook
ESA (LCW/LCWRA) Amendment
Regulations 2011


MED-ESAAR2011HB~001

Version: 4 Final
4th October 2011

Quote.
4.2.3 Unauthorised information

Unauthorised information comprises letters written from one healthcare professional to another and forwarded to a third party without the express Permission of the author of the letter.
Hospital discharge letters for example are often sent along with factual reports from general practitioners.

Unless the General Practitioner has first sought the permission of the author of the letter it should be regarded as unauthorised.

If you encounter such information, and you are unsure how it should be dealt with, you should seek advice from an experienced practitioner.

If the unauthorised information is removed from the file it may be necessary to refer the claimant for assessment by a different practitioner as your opinion may be influenced by evidence which would not be available to the Decision Maker.
Unquote.

____________

I assume the letter I have is legal. I asked my doctor for a copy and he provided it.

Usually a cc is sent to the patient these days, but on this occasion I didn't get one. Therefore, I asked my GP for a copy. It is a photocopy of correspondence between two doctors and although *about* me, is not *to* me.

I suppose the main thing I wanted to know, is if they do decide any of the evidence is unauthorised for this or any other reason, will I be informed of this, so that I know to try and get an authorised version of the evidence to submit instead.

Grateful thanks.

George.

bro58 wrote:

radhika wrote:

Hello,

With regards to supporting evidence, can this still be submitted even after one has sent off ESA50.

I had to send my husbands off, as deadline was fast approaching and am still awaiting one report.

If this can be submitted, who should tis go to, Atos or D/m ???

Many thanks.

Radhika.

Hi R,

Yes it can, it should be sent to ATOS at the same address as the ESA50 was sent to, by recorded delivery.

As always, ensure that the Name, NI Number, DOB etc, are on every page of evidence sent.

State that this extra evidence should be used in conjunction with the ESA50 in coming to a decision.

It may also be advisable to send a copy to the ESA DM, as it is he/she who actually makes the decision.

If a claimant does not have time to send any further evidence before any face to face assessment is carried out, copy of such evidence can be taken to the assessment and handed to the ATOS HCP at the start, it is also advisable to post copy to the ESA DM as well though, just in case the copy handed to the ATOS HCP is lost.

bro58

Many thanks for your reply.

Just a quick question, when submitting additional evidence to DWP, would one just address it to D/M with Name, B.O.B. etc ???

As i have no contact name, other than the name of the previous decision maker. (could i address it to him??)

By the way George, i think you are worrying unecessarily.

Many people, including myself has obtained copies of info from GP, who at the end of the day is your first and final point of contact. If he was happy to orovide you with info on yourself to prove your problems, then info has to be taken into account by Atos and DWP.

Radhika.