Asking Medical Professional for clarification

I would like to ask one of my medical professionals to clarify a point in their report. Is it okay to show them a copy of descriptors, if so is there somewhere to download/pring the descriptors? Also, need it to include the statement at the start of Part 1 ESA50 where it states something along the lines to answer YES to these questions ................

del wrote: I would like to ask one of my medical professionals to clarify a point in their report. Is it okay to show them a copy of descriptors, if so is there somewhere to download/pring the descriptors? Also, need it to include the statement at the start of Part 1 ESA50 where it states something along the lines to answer YES to these questions ................

Hi d,

The current descriptors, (post 28/01/13) can be printed off from the links below :

WRAG (LCW)Schedule 2 Descriptors

&

SG (LCWRA)Schedule 3 Descriptors

Here are ESA Regs 29 & 35 also :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

&

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made


Try not to lead the HCP, e.g. you can blank out the points on The WRAG descriptors.

It would be better to pick the Activities that you think may apply to you, then ask for The HCP's opinion on whether they feel that any of the options of the Activity (descriptor) applies to you.

I am not sure what your query is regarding Part 1 of the ESA50 ?

bro58

You can download the ESA50 form from the gov.uk website.

Puccalove wrote: You can download the ESA50 form from the gov.uk website.

Or from the FAQ on B+W

Using The PDF Version Of The ESA50 Questionnaire

bro58 wrote:

del wrote: I would like to ask one of my medical professionals to clarify a point in their report. Is it okay to show them a copy of descriptors, if so is there somewhere to download/pring the descriptors? Also, need it to include the statement at the start of Part 1 ESA50 where it states something along the lines to answer YES to these questions ................

Hi d,

The current descriptors, (post 28/01/13) can be printed off from the links below :

WRAG (LCW)Schedule 2 Descriptors

&

SG (LCWRA)Schedule 3 Descriptors

Here are ESA Regs 29 & 35 also :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

&

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made


Try not to lead the HCP, e.g. you can blank out the points on The WRAG descriptors.

It would be better to pick the Activities that you think may apply to you, then ask for The HCP's opinion on whether they feel that any of the options of the Activity (descriptor) applies to you.

I am not sure what your query is regarding Part 1 of the ESA50 ?

bro58

Thanks bro58 for providing so much information, I appreciate you doing that and I understand about leading the medical professional and selecting the activities.

Re part 1: I believe my medical professional's report states the obvious but DMs don't appear to notice that. So what I would like is clarification to try and make the obvious more obvious so I thought if I could somehow show medical professional the way the claimant is asked to answer the questions, eg Part 1 there is a paragraph along the lines to answer yes you must be able to do the activity safely, to acceptable standard, as often as needed and in reasonable length of time. Also, stoping because of tiredness, pain, breathlessness, balance. How far you can move, why you stop, how it varies ...........

I agree with my medical professional and as I say I think the report states the obvious as does all other medical evidence but some people don't appear to think so.

del wrote:

bro58 wrote:

del wrote: I would like to ask one of my medical professionals to clarify a point in their report. Is it okay to show them a copy of descriptors, if so is there somewhere to download/pring the descriptors? Also, need it to include the statement at the start of Part 1 ESA50 where it states something along the lines to answer YES to these questions ................

Hi d,

The current descriptors, (post 28/01/13) can be printed off from the links below :

WRAG (LCW)Schedule 2 Descriptors

&

SG (LCWRA)Schedule 3 Descriptors

Here are ESA Regs 29 & 35 also :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

&

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made


Try not to lead the HCP, e.g. you can blank out the points on The WRAG descriptors.

It would be better to pick the Activities that you think may apply to you, then ask for The HCP's opinion on whether they feel that any of the options of the Activity (descriptor) applies to you.

I am not sure what your query is regarding Part 1 of the ESA50 ?

bro58

Thanks bro58 for providing so much information, I appreciate you doing that and I understand about leading the medical professional and selecting the activities.

Re part 1: I believe my medical professional's report states the obvious but DMs don't appear to notice that. So what I would like is clarification to try and make the obvious more obvious so I thought if I could somehow show medical professional the way the claimant is asked to answer the questions, eg Part 1 there is a paragraph along the lines to answer yes you must be able to do the activity safely, to acceptable standard, as often as needed and in reasonable length of time. Also, stoping because of tiredness, pain, breathlessness, balance. How far you can move, why you stop, how it varies ...........

I agree with my medical professional and as I say I think the report states the obvious as does all other medical evidence but some people don't appear to think so.

I see d,

Yes, the questions in The ESA50 can be misleading, this is where our ESA Guides come in.

This is why we advise that when filling in The ESA50 the claimant should not tick any of the boxes, if they feel that none of the options are applicable to their own limitations. They should simply add comment that none of the tick box options are applicable and then add information regarding the limitations that they actually suffer in the text box below and on added A4 pages if necessary.

Make the ESA50 fit in within your limitations rather than the opposite.

It must be remembered that it is the actual WRAG and/or SG descriptors that are applied and have to be fulfilled, disregarding the questions asked in The ESA50 itself.

Yes, you could point out to the HCP that for you to be deemed able to carry out any of the Activities/Descriptors, that you must be able to do so Repeatedly, Reliably and Safely, for the majority of the time.(>50% of the time) If you can't, then you should not be classed as being able to carry them out at all.

In case of The SG Descriptors, not only must it be for the majority of the time, it must also be on the majority of occasions that you attempt any of the SG activities.

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

You could also refer to how the ATOS HCP's are advised to carry out assessments, by using extracts from The WCA Handbook, which is on the link under the heading "DWP Resources" on this page :

ESA Claims Guides

DWP DM's are not medically qualified, so they sometimes do need the obvious spelling out to them.

Hope this helps.

bro58