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NEW ESA GUIDES?

  • Rosered
13 years 7 months ago #53699 by Rosered
Replied by Rosered on topic Re: NEW ESA GUIDES?
Can anyone explain what this means -

>>This document tells you how health professionals are supposed to assess you and how the DWP/Atos interpret the law - often wrongly in our view. Remember, this guidance isn't the law, only what the DWP/Atos think the law should be.<<

Have the government introduced re the new ESA new laws, and where can you find the law and if necessary challenge any interpretation of the law.

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13 years 7 months ago #53703 by Gordon
Replied by Gordon on topic Re:NEW ESA GUIDES?
Rosered

A new version of the ESA medical (the WCA), came into force on Monday 28/03/11.

The new tests were enacted in law. See here

The ESA Handbook, see the Members area, provides guidance to the ATOS medical staff and DWP Decision Makers, as to how they should apply these tests.

The comment that Steve has made, refers this interpretation, a good example of this is using a washing machine.

The guidance is can the claimant load the clothes and switch it on.

Steve suggests that it is more complicated, you need to sort the clothes by colour, check washing instructions on each item, remove dry clean only items, etc.

Hope this explains it a bit better.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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