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ES50 FORM, REQUEST DWP TO WAIVE OFF MEDICAL REVIEW

  • Rose
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10 years 11 months ago #121546 by Rose
Hi,

I am writing on behalf of my boyfriend who is severely depressed. He was on ESA work activity group. I call Jobcentreplus asking how to get him into support group. They ask me to send medical evidence. At the same time I receive ES50 form from ATOS. I have filled in the form and will send it with medical evidence to both ATOS and also DWP.

My boyfriend was admitted to hospital in March 2012 because of nervous breakdown and suicidal. Ever since he is not forthcoming to anyone. He will not answer any question to anyone. He only speak minimum to me and his son if he is pain.

I wish to write a covering letter to ATOS and also DWP asking them to waive off the medical review by ATOS as it will only put him in more stressful situation. How can I address this problem?

Thank you for your kind help

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 11 months ago #121549 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 ES50 FORM, REQUEST DWP TO WAIVE OFF MEDICAL REVIEW
See this link : www.gov.uk/government/uploads/system/upl...e/285480/adm3-14.pdf
which deals with claimants not attending medicals without good cause, but may be of help in your boyfriend's situation See paragraphs 4-5.

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  • Rose
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10 years 11 months ago #121551 by Rose
Ok I will try,

Thank you

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 11 months ago #121553 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 ES50 FORM, REQUEST DWP TO WAIVE OFF MEDICAL REVIEW
Hi Rose,

Good luck :) Just to clarify, I normally don't deal with ESA medicals, but found the Memo on the DWP site.

My areas of expertise are DLA/PIP and AA and appeals for these benefits.

All our other moderators have good experience in ESA, so hopefully they may reply with a more definitive answer.

Regards.

Jim

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

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10 years 11 months ago #121556 by Gordon
Rose

From your post you have requested a supersession (re-assessment) of your boyfriends claim based on a deterioration of his condition. As such you need to show that he now meets the criteria for the Support Group, as opposed to when he was placed in the WRAG and that the deterioration has occurred since then. The burden of proof lies with you to provide the evidence to support this (see below).

Your boyfriend will only avoid an ATOS assessment because there is sufficient evidence to support a recommendation on an award without it, to this end you need to speak to his GP and/or consultants in regard to their providing evidence to support his claim.

ATOS do have authority to write to those supporting him for more information, but it is important you stress to them that they only do this in around 25% of claims and there is simply no guarantee that they will do so in his case, especially as it you initiating the re-assessment, so their input now is very important.

Any information they provide must address the Support Group Descriptors (see the Guides), a statement of "unable to work" will be of little value and more specifically only refers to a WRAG placement not the SG.

Your goal at the moment should be to remove the need for an assessment in the first place, so whilst the Good Cause Jim has referred to in his post is important, you have not reached that stage yet and hopefully will not.

Please refer to our ESA Claim guides for assistance in completing the ESA50

www.benefitsandwork.co.uk/help-for-claimants/esa

If you have further questions, please reply to this post and we will do our best to help.

Gordon

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