Supporting Evidence?

Good afternoon all.

I am in the process of completing the ESA50 03/11. I am being migrated from IB to ESA.

I understand from the very useful guides on here that supporting evidence can include letters from family or friends who have first hand knowledge of how your condition affects you.

Has anyone submitted a letter of support form either family or friends? Just wondering how this is viewed by the members on here.

Many thanks.

Although it may be necessary to provide supporting evidence to substantiate your claim, please remember as you are currently receiving IB, when you transfer to ESA the burden of proof rests entirely with the Secretary of State (DWP) to either show that you are entitled, or not entitled to the allowance. If it was a new claim for ESA, the burden of proof would rest with the claimant to prove that they would be entitled to the allowance.

As it is a continuing claim albeit a transfer from IB to ESA, the responsibility lies with the DWP to gather all the necessary information to show "on the balance of probabilities" that you either continue to receive ESA or taking into account all the evidence, you no longer qualify for the allowance. This in my view requires liaison with all the healthcare professionals assigned to a claimant's care, which is the responsibility of the DWP and not the claimant.

The work capability assessment is not restricted to the information solely given at a medical assessment, and recorded by the approved disability analyst on form ESA85 (the medical report). The final decision by the ESA decision maker must take into account all the evidence. Indeed, since the production of the Harrington Report it has been deemed unacceptable for ESA decision makers to simply rubber-stamp the medical assessment report, without recourse to the totality of other (medical) evidence.

There may of course be a requirement for a claimant to seek (further) medical evidence in order to support an appeal against an adverse ESA decision, but in the first instance a claimant is entitled to question whether the DWP has fully discharged it's burden of proof in terminating ESA entitlement, and if not the DWP should be invited (neutral word) to act accordingly, which could form part of the reconsideration process. This is particularly important, as the government seem keen to make more use of this process to reduce the number of expensive appeals.

In the past the reconsideration process merely paid lip service to the original adverse decision in benefit entitlement cases, but it would now seem an ideal opportunity to put the DWP on notice that you fully intend to require them to discharge the burden of proof which would be crucial to any potential appeal, should it be necessary?

I am also about to be "migrated" and have a letter from my GP which although very brief states that "his condition will only worsen with time and will never improve"I take my hat off to Crazydiamond for the very thorough and helpful answer regarding the last post.You and the other moderators are an inspiration to us all

Many thanks Crazydiamond for your most concise and helpful post. In your last sentence you say it is an ideal opportunity to put the DWP on notice that I fully intend to require them to discharge the burden of truth. I understand what you are saying but should I be putting that to them in any way when I send in my ESA50?
I too take my hat off to you and indeed to all the moderators of this site who give up their time and knowledge in the assistance of others.
Many thanks

In my view, there would be no harm in mentioning it on the ESA50 particularly where the burden of proof may involve Atos contacting a claimant's GP and/or other healthcare professionals connected with their (ongoing) treatment.

As with all the other information gathered for the purposes of the WCA, the ESA50 is an integral part of the evidence. As you are obliged to complete this form listing the relevant healthcare professionals providing treatment, I would certainly direct from the outset that Atos should contact these doctors/consultants, as their medical opinion must form part of the ESA outcome decision, and cannot be summarily dismissed as irrelevant for the purposes of the WCA.

If Atos decline the request, this can be used against them as evidence if the ESA claim is disallowed and eventually proceeds to an appeal.