× Members

Is There List of Medical Conditions for F2F on WCA

More
11 years 3 weeks ago - 11 years 3 weeks ago #120461 by billhan
Dear Sirs,

Is there a list of medical conditions where the claimant has to be seen
by a real and qualified doctor?

Also is this the reason why my IB / ESA migration has gone to well
over eleven months since they have received my ESA50. Do they have
problems finding Doctors qualified to make judgements on rare conditions?
Last edit: 11 years 3 weeks ago by Gordon.

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

More
11 years 3 weeks ago #120467 by Gordon

billhan wrote: Dear Sirs,

Is there a list of medical conditions where the claimant has to be seen
by a real and qualified doctor?

Also is this the reason why my IB / ESA migration has gone to well
over eleven months since they have received my ESA50. Do they have
problems finding Doctors qualified to make judgements on rare conditions?


There is apparently a list of conditions that should be seen by a doctor, several Freedom of Information requests have revealed the content, but as far as we can tell ATOS have never honoured it as we are aware of numerous claimants who should have been seen by a doctor and haven't.

The important thing to be aware of is that there is no legal requirement for ATOS to use a doctor rather than any other Health Care Professional that they might have available, nor can the claimant insist that one be available.

It is possible that the delays afflicting ESA assessments are in part due to the lack of doctors, but it is mostly due to the DWP trying to push too many claimants through an inadequate resource.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: billhan

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

More
11 years 3 weeks ago - 11 years 3 weeks ago #120473 by billhan
Thank you for your reply.

Pleased there is a list, but worried ATOS might not adhere to it.

Cannot find it among our member resources, is there an external link to view
this list? Is there anything on any of their websites that would help to get a proper doctor. I
am not worried at all about delays just the accuracy of the result.

No doubt they have a massive logistical backlog but basic logic would
mean that any organisation would leave the difficult ones till last.

Have the BMA or other medical bodies requested that proper doctors only
can make valid decisions ?
Last edit: 11 years 3 weeks ago by Gordon.

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

More
11 years 3 weeks ago #120477 by Gordon
billhan

I'm not sure the following has the definitive list, but it will give you an idea, if I can find a more complete list then I will post it.

www.whatdotheyknow.com/request/decisions_about_who_conducts_wca

As I said in my previous post there is no obligation placed on ATOS to use a doctor for an assessment rather than any other HCP even if the claimants condition appears on the list, nor can the claimant insist that there interview is carried out by a doctor, doing so risks the claimant being classed as failing to comply with the assessment which can lead to ATOS returning their file to the DWP.

The BMA have no influence over the ESA WCA.

That said, there have been several UTT Decisions where the DWP and ATOS have been criticised for using an inappropriate HCP to asses a claimant the most obvious example being a case where a Physiotherapist was used to assess a claimant with Mental Health issues, unfortunately, these are arguments for after the assessment, not before.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: billhan

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

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
  • Offline
More
11 years 3 weeks ago #120493 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Is There List of Medical Conditions for F2F on WCA
Try www.gov.uk/government/publications/medic...lt-cases-staff-guide.

This for DLA, but could also be applied to ESA.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: billhan

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

More
11 years 3 weeks ago #120513 by billhan
Thank you so much Gordon.

Excellent news, my condition i on the list where I should be seen by a Doctor
rather than an HCP. This increases the chance of me getting an accurate assessment.


Wading through Jim's 700 page document. Thank you.
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid