ESA PHONE ASSESSMENT

Hi

I had my esa medical assessment this morning iver the phone, it lasted 1.5 hrs. I had to ask for a break as I was in pain. The assessor cut short my answers, spend a lot of time on conditions which are now being managed by medication and rushed through the conditions (compressed nerves in spine and 2 hernias) causing me a lot of pain and discomfort. She asked me to tell her what my typical day was like and I got as far as getting out of bed and she moved on to the next question. This was just before she said, she thought she had enough info. I think she was rushing to her next appointment. I feel so drained.

I had a pip assessment for the same lenght of time but it was through and I felt I had an opportunity to say how I am impacted.

Any advice appreciated. Thanks

BIS wrote:

so you can't get hold of the medical report until after you have received your decision letter.

This is not correct.

I am the appointee for my sister - and I received the assessor's medical report, read through it in full, and made a formal written complaint to the CHDA due to lies told by the assessor. All of this was done BEFORE the DWP sent a decision on my sister (we still haven't had a decision from the DWP decision maker yet - despite her assessment being at the end of April).

EVERYONE has the right to submit a Right of Access Request (formerly known as a 'Subject Access Request') under the Data Protection Act. The DWP have to provide a copy of the report within one calendar month at the latest.

That is the law - and the DWP cannot refuse. If they do, they would be in breach of the Data Protection Act and they can be reported to the Information Commissioners Office.

Once a claimant has had their assessment, they should send an email to the DWP's right of access team via This email address is being protected from spambots. You need JavaScript enabled to view it. immediately after the assessment. The DWP must then send that report within one calendar month.

This is the proactive thing to do, and, in cases like ours, if you spot any discrepancies, lies, etc in the report, then you can complain BEFORE the DWP even send you your decision notice. This will look good at appeal because it shows that you've made a complaint BEFORE the DWP have made a decision - rather than looking like you're complaining because you're unhappy with the decision makers decision AFTER they've given a decision.

Right of Access Requests are a VERY powerful tool.