No letter from DWP re medical

From my experience it took a month from my medical to receiving my letter. Yet I phoned over a week ago to tell them I had been to hospital and had xrays - following a decline in my health. They told me over phone then that I had failed my medical. It has taken 10 days to receive the letter today. It had a scoring sheet with it, which I presume is from the decision maker. I have now sent a letter saying that strongly disagree with the decision and wish to appeal and also receive a copy of the medical report from the Assessor, which I believe is my right!

Just sent off a letter to ask for my report (scored 6), yet in agony and having op this week. I have asked for a copy of my medical report and an appeal form. Did hear over a week ago tho that I had failed when I phoned them up, to inform them of my op and recent xrays i had. Just got letter today (10 days later). Very anxious and depressed! Any encouraging news very welcome.

JohnWilly wrote:

thanks for your quick reply Derek. If I have cause to appeal which must be done 1 month from receipt of 'medical' decision, how long is typical for getting hold of my ESA85 & ESA65 ?? Clearly it would be unwise to complete the Appeal without seeing the ESA85 & ESA65 so the time taken for ATOS to send these documents could be a significant part of the 1 month appeal time. Thanks John

I've managed to get a copy of an IB50 in 24 hours!!!

I've also asked for documents that don't arrive at all.

It's generally impossible to guess how log it takes the DWP to do anything but if you say that you are appealing and need the documents urgently they can make you a priority (at least that's what they say).

As already mentioned, even if you pass a medical it's vital that you obtain a copy of the report and any other documentation that you want, before the DWP lose it, as they often do.

fedupn45 wrote:

No, thank you, didn't mean it like that. I do appreciate any info. Just the way I feel at the moment, been through so much last couple of years, just want things to start improving. Fed up of feeling like this.

Do appreciate your help x

That's OK fedupn45, I understood what you meant.

bro58 wrote:

Derek4 wrote:

Hi John

The ESA85 medical report lists the descriptors awarded by the disability analyst and that will enable you to find out how many points you scored at the medical.

The ESA65 statement of reasons tells you how many points you scored and for which activities. It may differ from the medical report as the decision maker can award points.

You have a right to copies of both these documents regardless of whether you are appealing and they are essential if you do have to appeal.

I think it would be helpful to members if people requested their ESA85 and ESA65, even if they receive an assessment that they are happy with.

I intend to do so even if if I receive the correct assessment, and do not have to appeal.

The reason being is, the WCA process is so fickle, that once I am on the merrygoround, even though I might get assessed properly this time, it does not mean that my next WCA review will go the same way next time, or the time after. If that is the case I will know how I was assessed, how long the prognosis was, and therefore the expected review date.

Further even though DWP/ATOS do not have to take notice of older medical reports, as stated on B&W, any IB to ESA transitions, or future re-assessments are supersessions, and not new claims, therfore the burden of proof is on the DWP to show why you are no longer entitled to the same level of benefit, and how your condition has improved, and your limitations reduced.

So the ESA85 and ESA65 could be a valuable tool to request, and keep.

---

As I see it bro58 there are 2 factors that unfortunately need to be born in mind here;

1. The new WCA introduced 28/3/2011 'raises the bar' for what is required to 'pass' the medical - the logic of this is such that there may be claimants whose condition has got worse although oddly enough they now fail the new & harder to pass WCA.

2. Although a claimants condition may have got worse due eg to it being degenerative, then DWP/ATOS can claim that medication/treatments have subsequently improved your symptoms.

When both these cases are taken into account I'm not too sure who carries the burden of proof to account for why some claimants may have failed their medical ?

---

thanks for your advice Derek regards getting hold of my ESA65 & ESA85, regards John

JohnWilly wrote:

bro58 wrote:

Derek4 wrote:

Hi John

The ESA85 medical report lists the descriptors awarded by the disability analyst and that will enable you to find out how many points you scored at the medical.

The ESA65 statement of reasons tells you how many points you scored and for which activities. It may differ from the medical report as the decision maker can award points.

You have a right to copies of both these documents regardless of whether you are appealing and they are essential if you do have to appeal.

I think it would be helpful to members if people requested their ESA85 and ESA65, even if they receive an assessment that they are happy with.

I intend to do so even if if I receive the correct assessment, and do not have to appeal.

The reason being is, the WCA process is so fickle, that once I am on the merrygoround, even though I might get assessed properly this time, it does not mean that my next WCA review will go the same way next time, or the time after. If that is the case I will know how I was assessed, how long the prognosis was, and therefore the expected review date.

Further even though DWP/ATOS do not have to take notice of older medical reports, as stated on B&W, any IB to ESA transitions, or future re-assessments are supersessions, and not new claims, therfore the burden of proof is on the DWP to show why you are no longer entitled to the same level of benefit, and how your condition has improved, and your limitations reduced.

So the ESA85 and ESA65 could be a valuable tool to request, and keep.

---

As I see it bro58 there are 2 factors that unfortunately need to be born in mind here;

1. The new WCA introduced 28/3/2011 'raises the bar' for what is required to 'pass' the medical - the logic of this is such that there may be claimants whose condition has got worse although oddly enough they now fail the new & harder to pass WCA.

2. Although a claimants condition may have got worse due eg to it being degenerative, then DWP/ATOS can claim that medication/treatments have subsequently improved your symptoms.

When both these cases are taken into account I'm not too sure who carries the burden of proof to account for why some claimants may have failed their medical ?

---

thanks for your advice Derek regards getting hold of my ESA65 & ESA85, regards John

Hi John,

I can see where you are coming from here, the DWP may well keep ammending the descriptors to make it harder to qualify, as they did in March. eg someone who qualified pre March on the walking descriptor could now fail on the mobilising descriptor. I also understand that new medications may become available to better control existing conditions. I also understand that it is not the claimants conditions that qualify them, it is the resulting level of limitations as a result of said conditions.

However I still believe the burden of proof lies with the DWP to prove that you no longer qualify for the same level of award,(Unless the change the laws on this too) which is easier than the onus being on the claimant.

I still can only see advantage from having ESA65/ESA85 to refer to.

Anyway I'd want to read what they wrote about me as I'm nosey. LOL!,

cheers

bro58