COPY OF ESA50 03/11 TO DWP

All very interesting points, I can see it both ways.

I don't have any evidence to send with my ESA50, my doctor is supportive but they will only write a letter of support if I have to appeal, they will reply if the DWP write to them direct obviously but for now I have nothing.

bro58 wrote:

Derek4 wrote:

I personally don't see the point in sending a copy of your ESA50 to the DM as he will receive this from Atos.

Decision makers are obliged to consider all of the available evidence. Although they rarely do this, the two documents that I expect they always have in front of them is the ESA50 and ESA85. The documents the DM looked at are stated on the ESA65 statement of reasons.

If a DM is stupid enough to make a decision without having a copy of the ESA50 he probably wouldn't look at it even if you sent it to him.

As far as sending other medical evidence such as letters from your GP, it may make sense to send copies to both Atos and the DM, and if you have to appeal you should expect the DWP to place in the appeal bundle copies of all the evidence you sent them. If anything is missing, as well as resubmitting the evidence to the tribunal you need to question whether the DM considered it when making the decision or at the reconsideration stage.

Hi Derek points taken, however I believe that all available evidence , including the ESA50, should be put in front of the DM, at the earliest opportunity.

It can do no harm, and as I said there may be a chance that he then felt he had enough evidence to make an award, without a face to face.

Otherwise he may only get to see it after the face to face, along with the ESA85.

It is yet to be seen whether they are abiding by Harrinton, so once an incorrect decision is made you then have to fight to get it rectified.

Of course it is up to individuals to way up the "pros and cons" and make an informed decision.

Cheers

bro58

Hi Bro58

I see your point; it wouldn't do any harm other than the cost of the stamp, and I wouldn't put anybody off sending a copy of their ESA50 to the DM as well as Atos.

I could be wrong but I believe that once an ESA50 is sent to a claimant the DM just awaits advice from Atos.

Regards

Derek

Gordon wrote:

I remember seeing in a discussion on another forum, a breakdown of the time allocated for a DM to make a decision, it caught my eye because the maths was wrong (I'm sure I suffer from mild OCD), anyway, the actual figure was 30 minutes per case.

I've no idea whether the figures were accurate although the source suggested they were authentic, doesn't seem very long to decide something that could radically affect someones life.

I actually tend to agree with Derek that the benefit is limited, that said, the next time I have to go through the process, I'm sending two copies.

Gordon

Gordon, I must admit, that my daughter has compiled the 98 page file including the ESA50, she has indexed and cross referenced it all, highlighting relevant descriptors and regs.

She was a bit dissapointed to find on field testing the reading times of the files, (Getting other family members to read it and timing them)that it only took an average of around 8-10 mins.

She had spent weeks putting them together.!!!!LOL.

On visiting my Doctor last week and his offer of support, together with advise from this forum. I have sent a letter today to him to kindly support me in my appeal as he was very keen to.

The extra thing I did, following advise from the forum, was attach a list of reasons I feel unfit to work, and especially with my depression the way I am feeling now and how it affects my everyday living. As I know it wouldn't carry much weight to simply write "this woman is unfit for work"

My Doctor didn't seem to understand the deviousness of the DWP and ATOS, so I have hopefully pointed him in the right direction. As he obviously wants his report to have an impact on them, as he truely knows how I am feeling with me constantly crying in his surgery last week and feeling "worthless", thanks to "the system".

bro58 wrote:

Just noticed that I keep refering to the DM, in the masculine gender, highly politically incorrect, apologies to all those of the feminine gender, just showing my age.

I think my strategy with regard to my posts re ESA50/info to the DM it one that I recall from my younger days.

"Make em ave it"

This is a fast moving thread!

I too refer to DMs as 'he' but make no apology, as 'he' is an abbreviation for 'he or she'.

I don't mind 'he or she' or 'he/she' but I find it really frustrating reading CPAG literature where they repetitively use the term 's/he'. It doesn't make sense!