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Can I Demand an Medical Exam?

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11 years 3 months ago #117233 by Gordon
Replied by Gordon on topic Can I Demand an Medical Exam?
billhan

If your condition has changed since the ESA50 was submitted then you can provide additional information prior to any assessment taking place.

Send the information to ATOS, the DWP office that normally deals with your claim and take a copy to the assessment and ask the assessor to read it before continuing with the interview.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • bro58
11 years 3 months ago - 11 years 3 months ago #117234 by bro58
Replied by bro58 on topic Can I Demand an Medical Exam?

billhan wrote:

Mrs Hurtyback wrote: Hi billhan,
There are some conditions that necessitate an assessment by a doctor, but I don't think this list is actually in the public domain. The ATOS stance is that all their HCPs are experts in 'disability ananlysis' having undertaken 'in house' training and, as such, perfectly qualified to carry out the assessments!


Thanks the information. Sadly this confirms that a decision will probably be made by
someone who has never even heard of my condition.

So presumably the only was to right this is to appeal and that even with the long delay
that my only option is the MR review by themselves?

My other question that on this MR, will they assess me as I was when I
filled out the form 8 months ago or at that moment in time? I assume
there will not be a F2F as part of MR ? (sorry to keep asking questions)


Hi b,

"So presumably the only was to right this is to appeal and that even with the long delay
that my only option is the MR review by themselves?"



Yes, your first course of action if you disagreed with an adverse decision would be to request an MR.

See : Mandatory Reconsiderations Explained


"My other question that on this MR, will they assess me as I was when I filled out the form 8 months ago or at that moment in time?"


As with any subsequent appeal to The TS, an MR will re-look at whether the adverse decision in question was correct at the time of the decision, not at any time before, or after that time.

The actual ESA award decision will be made on whether you qualify at that time, and not at any time before or after.

bro58
Last edit: 11 years 3 months ago by bro58.

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