COPY OF ESA50 03/11 TO DWP

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,

This doesn't mean anything either way conclusively - but I sent a copy of my ESA50 to my BCD at the same time as returning the original to Atos. I included supporting evidence with both forms returned, and also a letter with the form to the BDC pointing out that I was arguing for exceptional circumstances. I was put into the support group without having to go for an assessment.

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

Laika wrote:

Hi,

This doesn't mean anything either way conclusively - but I sent a copy of my ESA50 to my BCD at the same time as returning the original to Atos. I included supporting evidence with both forms returned, and also a letter with the form to the BDC pointing out that I was arguing for exceptional circumstances. I was put into the support group without having to go for an assessment.

Laika

This is exactly the point that I am making, and exactly what I intend to do in the hope of getting the same result as you.

I have duplicate files and ESA50's, ready and prepared to go, except for a few finishing touches.

cheers

Hi Gordon, Bro58

I didn't think I spent that long writing my last post but three posts were submitted before I finished. Definitely a case for 15 points for execution of tasks under the old test.

CD would probably be in the best position to answer this or correct me if I'm wrong but I doubt a decision maker would read in great detail the evidence you sent until the ESA85 is produced, so he can look at all of the documents together, before making a decision.

If he did I would expect him to have forgotten most of it and need to read it again.

I can't remember if it was Prof. Harrington or Chris Grayling that actually used the term 'rubber stamping' when referring to the failings of DMs to weigh-up GP evidence, but what worries me is that if they stop rubber stamping medical reports and start reading 30+ pages of a claimants evidence, the time it takes a DM to make a decision might be 10-20 times longer!

Regards

Derek

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"