× Members

ESA for mental health reassessment

More
12 years 3 months ago #94727 by ka
Replied by ka on topic Re:ESA for mental health reassessment
Well, a week later and I haven't received the documents (despite being told they would be posted out the next day - I did think that was optimistic). So today I have posted off a Data Protection Act request for the relevant information (i.e. ESA85A and ESA113 if applicable, and any other relevant information used to make the decision. I didn't know whether to ask for a "statement of reasons" as I thought perhaps this is a DLA thing, not ESA, but hopefully the wording I have used should cover any relevant documents.

Please Log in or Create an account to join the conversation.

More
12 years 3 months ago #94730 by slugsta
Replied by slugsta on topic Re:ESA for mental health reassessment
You are supposed to get a Statement of Reasons for ESA too, but it does seem that they arenot being produced often these days.

Let's hope that the Subject Access request gets things moving!

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
12 years 3 months ago #94740 by annmthomas
Replied by annmthomas on topic Re:ESA for mental health reassessment
Well done for sticking to your guns and asking for the info' but don't build up great hopes that the paperwork you will be sent will tell you much.
I made a request for all the paperwork related to their decision to put my son in the WRAG (without a medical) and all we've had back is the ESA85A form - which just lists all the descriptors for which they say there is no evidence. Including " There is no evidence to suggest the client is pregnant". Considering he is male that's hardly surprising!! But no info at all on which descriptors they had decided did apply. So we have to appeal from a position of complete ignorance as to what exactly their findings were. Mushrooms is exactly what we feel like.

Please Log in or Create an account to join the conversation.

More
12 years 3 months ago #94742 by slugsta
Replied by slugsta on topic Re:ESA for mental health reassessment
Ann, I did ask on a previous thread whether you are using your real nameon this site? Many people prefer to keep their real names private. We mods cannot change your username but, if you wish to do so, this tells you how to go about it

My full name is showing - how can I stop it?

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
12 years 3 months ago #96099 by ka
Replied by ka on topic Re:ESA for mental health reassessment
Just thought I'd update this to say:

1) It's over 5 weeks since i sent the ESA50 and accompanying evidence back to ATOS, and I have not heard anything, no phone call inviting me to an assessment, no phone call from DWP with a decision.

2) Nothing back from my Subject Access Request, or the original phone call requesting reasons for my initial decision. I have, however, received the statement of reasons from my DLA decision but not the medical evidence.

In my initial claim, I received a call from DWP within 3 weeks of sending ATOS my ESA50, and I thought that was pretty good going. This time not a word from anyone. According to my ESA72, my case is due to come up for review on 13/12/2012, perhaps they will only begin processing the form from that date?

Please Log in or Create an account to join the conversation.

More
12 years 3 months ago #96104 by slugsta
Replied by slugsta on topic Re:ESA for mental health reassessment
The timescales are hugely variable. It took almost 6 months from the start of my claim to the date of my face-to-face assessment!

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid