How important is medical evidence on ESA claim?

[Complete Misfit]

I have kept putting off filling in my ESA 50 form, I had a month to do it and now it's near the time I need to send it. But over the past few days I've been looking up things and a lot of people are saying you need to send medical evidence with the ESA50 form, even though they say it isn't mandatory.

 

It has to be there by the 5th December, so I need to send it soon. I phoned my doctor and the secretary said that ATOS / DWP would get in touch with them if they needed evidence, but I said that sometimes they don't seem to do this. She said she would see my gp about writing me a letter, and that she would phone back today...which she hasn't done yet so seems unlikely.

 

I'm not sure if I should send the form off now to make sure it gets there, or wait to try and get a letter. Or would it be possible to arrange with ATOS to send the medical evidence after I have sent the ESA50? And would I need to state that on the form?

 

Getting a bit stressed over this and really would like to avoid having to go to an assessment.

[Nystagmite]

Send the evidence after if you need to. If you don't send evidence, Atos / DWP aren't going to automatically going to contact your GP.

[Complete Misfit]

Ok thanks Nystagmite. I have emailed Atos and asked about it but obviously won't hear back till after the weekend...so not sure if I should just send the form now, and write on there that the medical evidence is to follow. I guess I'd just send it to the same address.

[Nystagmite]

It would be the same address, yes. When you send your evidence, put your name and national insurance number (NINO) on it.

[winter*wonderland]

In my case, they did request info from my gp, have got copy of gp report in with my appeal papers, but definately send any extra evidence that you can, even if it is after 5th December. Good luck xxx

[**Margaret**]

:Complete Misfit:

 

CAG has a slightly dated, but still very useful guide to completion of an ESA50 at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

 

The latest paper ESA50 questionnaire looks different to the one in the guide but (apart from some new questions about cancer) the 2013 form is asking for much the same information. If you need some help with the cognitive and mental health section, there's a guide on Rethink's site at;

 

http://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/work-capability-assessment

 

Don't be tempted to make your abilities fit the boxes on the form, and don't tick a box that doesn't exactly reflect what you can and can't do. Use the bigger boxes to explain, for example, cos of X (disc degeneration) can't do Y (stay at a work station), with some examples from your daily life. Praps you can sit at a table to eat dinner but then need to lie down for an hour. Remember to read the box at the top of page 7 and use extra sheets (name and national insurance number on each one) for any info that won't fit on the form. If applicable use page 17 for a paragraph about why a finding of fit for work might be a risk to your health.

 

Rethink's site has a sample evidence form that you can adapt to suit and ask someone involved in your care to complete. Another potential source of evidence is your medical records, including a copy of your prescription counterfoil. Subject access request to your doctor gets everything that's on the computer for a tenner. As stated above, don't risk a failure to return while you collect evidence.

 

In very limited circumstances Atos/Jobcentreplus will source medical evidence. Usually if an ESA50 indicates limited capability for work related activity, or the probability of limited capability for work in a reassessment case. And these are the two groups most likely to escape a face to face assessment. Atos prefer not to bother with claimant submitted evidence and they're very good at losing it. Be sure to keep the originals so you can do further copies to take to an assessment/send to Jobcentreplus.

 

Best wishes, Margaret.

Edited November 29, 2013 by **Margaret**

[Complete Misfit]

Ok thanks Winter wonderland and Starryeyes, will send the form soon and then get some evidence to send after. Will also take a look at the guide

[Zonker]

A subject access request for a doctor is different than the usual subject access request. Different rules apply.

 

 

If you have seen the doctor recently you can view your records for free, however getting a copy is another matter.

 

 

http://www.nhs.uk/chq/Pages/2635.aspx?CategoryID=68&SubCategoryID=160

 

 

That's a list of maximum charges.

 

 

The ICO has a webpage on medical records,

 

 

http://www.ico.org.uk/for_the_public/topic_specific_guides/health

 

 

Hope that helps

[osdset]

I cannot see any reason why patient records that are mainly held digitally can't now be made available via the online patient access service (formerly the EMIS access link), I can book appointments online and order repeat prescriptions from my medical practice.

 

The NHS could still charge a nominal fee for the service.

[swinginapig]

You must send in your ESA50 form on time else your benefit will be stopped, as far as medical evidence is concerned send it in at a later date for what good that will do,? Atos in my case didnt even read it after requesting it from my GP........

[smashedsanny]

Send it in on time, a lot of Dr's are now not doing letters as it takes up so much of there time when ATOS requests a letter it costs them about £ 50 my surgeon told me and this is the reason why they don't get in touch with your medical team, well this is what I have been told.

I sent in a letter from my Dr and atos lost it , come Jaunery I have been fighting this two years

[Nystagmite]

I sent in a letter from my Dr and atos lost it , come Jaunery I have been fighting this two years

 

This is why I send in photocopies.

[RaeUK]

Quite. Most printers have scanners these days and I just scan any evidence I get onto my PC then print off as required.