Going through the Esa process for the second time

After going through the ESA medical and succeeding only at a Tribunal, I was placed in the Support group. The Tribunal ruled that I was exempt because of exceptional circumstances, namely a risk to my own health or that of others. After a year of receiving the benefit I have been recalled for another Atos medical. Any advice on approaching this? Specifically, does the medical examiner take into account the previous ruling? I don't qualify under the points system so I can't see how I can be placed in the support group at the medical?

Thanks, Jane

Jane
Todd wrote:

After going through the ESA medical and succeeding only at a Tribunal, I was placed in the Support group. The Tribunal ruled that I was exempt because of exceptional circumstances, namely a risk to my own health or that of others. After a year of receiving the benefit I have been recalled for another Atos medical. Any advice on approaching this? Specifically, does the medical examiner take into account the previous ruling? I don't qualify under the points system so I can't see how I can be placed in the support group at the medical?

Thanks, Jane

The likelihood is that the disability analyst would not have access to the results of your previous assessment, as they are not relevant to him/her when conducting a subsequent WCA. The ESA decision maker will however have access to your previous WCA and the outcome of your appeal. Whether this will have any impact on your second WCA will depend very much on your own individual circumstances. As such, it will be difficult to second-guess the opinion of the DM.

You say that you wouldn't qualify under the points system so wouldn't be placed in the support group, but the criteria for the SG is not points based, and moreover you could conceivably be placed in the SG under the exceptional circumstances provisions, as previously determined by the appeal tribunal at which you were successful.

Thanks Gordon. Yes, I did get the statement of appeal and have submitted specialists letters with my ESA questionnaire to show that my condition has not changed. Can I show the Tribunal statement to the health care person at the interview?

J

Jane

I am interested in how I can get the exceptional circumstances over to the disability analyst, since my previous experience was that he simply rattled through all the points criteria. I have submitted a otter which was central to my previous application which states that if I continued to work I might not reach retirement age. But I have still been called for assessment, which suggests the decision makers do not read the letters from specialists.

Hi Jane

I think the best way would be to write a description of how your condition fits the exceptional circumstances clause on the ESA50, but as you have already sent it, you will need to mention at the medical how your condition puts you or others at risk.

Unfortunately ATOS doctors often refuse to look at additional evidence other than what the claimant writes, as it is suppose to be the decision makers job to consider all the evidence. But there is nothing preventing you from showing the HCP a letter at the medical.

Good luck

Derek