- Posts: 23
No questionnaire
- mick
- Topic Author
Thanks to all of you for your kind help
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- Wonko
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- andy
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- summertrain
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- Posts: 154
I am also concerned that ATOS/DWP appear to be bending the rules, as I understood that an ESA50 should be sent out prior to any medical. Even if the rules are being undermined by bad practice, it would appear to be a matter of shoot first and ask questions later.
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- Gordon
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- Posts: 51284
summertrain wrote: My first impression on reading this thread was that I understood that reassments had been suspended for two years, and this would indicate that this isn't necessarily the case.
I am also concerned that ATOS/DWP appear to be bending the rules, as I understood that an ESA50 should be sent out prior to any medical. Even if the rules are being undermined by bad practice, it would appear to be a matter of shoot first and ask questions later.
I nearly commented on this but with delays of anything up to 12 months between the ESA50 being returned it would be perfectly possible that the DWP passed the files to ATOS last year before the suspension.
I also agree in regard to the issuing of an ESA50, but this relies on a double negative from the legislation which only refers to when an ESA50 is not required, not specifically when it is, but I think it reasonable to assume that all circumstances when it is not; not required, that it is required.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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