ESA85A Information not noted

I have just been checking over ESA85A again and have noticed absolutely no mention of mental health diagnoses and problems these cause or the separate cognitive difficulties I have. Also, no mention of two conditions that are varying and fluctuating or excruciating pain I experience with specific activities. Only mentions fatigue in report.

HCP does mention several significant disabilities all confirmed by medical professionals but makes absolutely no reference to any of above mentioned.

Should HCP have mentioned above conditions for Decision Maker to reach the correct decision?

Also, reconsideration carried out on original evidence submitted with ESA50 although DM has stated it is new evidence for supplied for reconsideration

Gordon wrote: Del

The ESA85 report automatically prints the Mental Health section but the ESA85A is much more free format, however, this does not mean that they can ignore this section if the claimant has reported problems in this area.

You can draw this omission the attention of the Decision Maker, the difficulty you face is that the DWP may take the view that the ESA85A is now insufficient and the a face to face assessment is required, so you need to consider whether you would qualify for the Support Group based on questions 11-17 on the ESA50.

It is of course possible that the DM will decide that there is sufficient information in your ESA50 and attached evidence to make a new Decision without your going back to ATOS, but you need to remember that they are not medically trained.

Gordon

Thanks Gordon, I had attached evidence with ESA50 and explained in ESA about mental health. Also when I asked for appeal submitted further additional evidence which includes mental health problems which has yet to be taken into account by DM. Although reconsideration already carried out DWP are intending to carry out another consideration because of appeal as mentioned in another of my posts.

I believe although I meet several descriptors I could be eligible for Reg 35 (?) special circumstances although as advised previously by mods I will not rely on that alone.

As I have yet to receive appeal papers and the ongoing consideration would it be best to wait outcome of that before deciding how to proceed next? If mental health issues still not dealt with and it goes to appeal stage would the tribunal throw it out due to the mental health issues not being covered in ESA85A?

Only comment ATOS nurse has made is that I say it is fatigue which they class as physical!