No letter from DWP re medical

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.

Regards

Derek

I was interested to read John's letter. I too wondered if I could see the reports. Last October I had a medical and I am due to have one in the next couple of months. After the October medical I asked for a copy ALL reports about myself that I was entitled to. They sent me ESA85 only and until just now I wasn't aware of ESA65. What I would like to know is it too late to ask for a copy of last october's ESA65. And would it be unwise/wise to ask for it just now baring in mind that I have a medical coming up soon? thanks

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

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.

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

Apologies for the confusion. Am new to all this!