ESA medical without filling in a new ESA50

A friend of mine had a medical 18 month s ago and was put in the work related activity group.
She has ME and mental health problems. She has now been sent a letter to go for another medical without completing a new ESA50. She queried this with ATOS and they have said they will be using the ESA50 form she submitted for her original medical 18 months ago. I am really shocked that they are saying they can do this given she is being given another medical on the basis that there may have been a change in her condition but without filling in a new ESA she can't describe her current circumstances or have the opportunity or time to send in any current medical evidence. Can they do this?

UPDATE :

After a discussion with Gordon, we have agreed on the following advice.

Your friend should contact ATOS by e-mail : This email address is being protected from spambots. You need JavaScript enabled to view it.

They should query this issue once more, they should also contact The DWP and query the same.

Both of the above written queries will produce a paper trail.

Sending Documents to the DWP or ATOS

The ESA Regs that are pertinent here, are :

www.legislation.gov.uk/uksi/2008/794/regulation/21/made

Particularly 21. (1) (b)

Further, as ATOS are only supposed to carry out an ESA reassessment, (which usually involves sending an ESA50 to the claimant) on referral from The DWP DM, has your friend been referred to ATOS by The DWP ?

Please return and let us know the outcome.

Sorry for any confusion caused.

bro58

This advice would still be relevant if they proceed :


If as a result of The face to face, an adverse decision ensues, your friend may be able to challenge the decision on the grounds that the old ESA50 and ESA85 are around 18 months old, and are not pertinent to your friends current limitations. (if that is the case)

bro58