ESA Medical

Hi. I have been receiving ESA since Aug 2009 and have since had a medical and repeat forms. I am not in the support group.This February I received another ESA50, to be returned by 1/4.I filled it in on 19/3 after some recuperation from a total knee replacement op.I also need the other knee to be replaced and I am seeing the consultant next week.I have just had a phonecall from a rather shirty ATOS person wanting to make an appointment for another medical in 3 weeks time. Will I be subject to the new medical even though I filled in the old form? I would be glad of some help on this.

Thanks for that. I will be sure to ask.
trixie

Have read Gordon's post with interest & am sorry if my question seems to be a duplicate of the OP but:

I had my WCA using the old ESA50 on 23.03.10 & the HCP wrote "I advise that a return to work could be considered within 12 months".

I have now been sent the new ESA50 03/11 to be returned by 10.05.11; the date on the covering letter from Atos is 24.03.11. I have ME/CFS & depression, neither of which has improved at all & would be 'better' covered under the old ESA50 than the new.

Should I:

Complete & return the new ESA50 & ask to be given the WCA under the old criteria? or

Update the old ESA50 & return it; or

Write to Atos to inform it that because it issued the new ESA50 to me before 28.03.11 I will be using the old ESA50 & will expect my WCA to be carried out using the old citeria?

Many thanks
maggie

As the covering letter is dated 24 March 2011, that was effectively the date of the commencement of the work capability assessment. In the circumstances, as the amended legislation wasn't enacted until 28 March 2011, you should be assessed under the 'old' ESA legislation.

I would write to Atos and also the DWP informing them that you should have been sent an ESA50 that pre-dates the 03/11 version, and that the previous WCA applies. It is illegal for a procedure to be undertaken when the legislation has not been enacted ie passed into law, and you would be perfectly justified to question the erroneous issue of the wrong form, which ultimately may result in you having the wrong assessment!