DWP say I haven't returned ESA50

[Huff&Puff]

I carefully gathered all my considerable bundle of evidence, got help with the form from a disability advice centre, sent it all off a few weeks ago, and then today I got this mystifying missive:

 

 

Unfortunately for them, I sent it all recorded delivery, and RM Track and Trace confirms that they have received it. I have the proof of posting and a screenshot from RM. How would be best to approach this? Shall I phone on Monday, or send a letter with the proof of posting and the screenshot? Or is there an even better way?

 

I've got enough worries in my life at the moment without having to deal with their incompetence too :-x:-x

[osdset]

It can be read another way, someone decided that you did not return the form and acted on it, it's now been found and the decision is overturned, hence the forthcoming 'medical' I wish they would stop calling it a medical it's not.

[Huff&Puff]

I hadn't looked at it that way - you're right it could be read like that. How hard would it be to write a clear letter?

 

I'm on oxygen 24 hors a day, I've got end stage COPD, with unequivocal lung function test results, letters from consultants and medically qualified carers, and they still want me to go for a "medical"? I might as well have not bothered gathering all that supporting evidence if that is the case

[osdset]

Ok don't quote me on this but I am almost 100% sure that anyone on oxygen 24/7, and is end stage forgoes the medical, you should be placed in support group straight away, there are others on here that can advise you better than me if I am wrong.

I am waiting for my 'medical' I have COPD but nowhere near as severe as you, but I black out more than once a week ( 3 or 4 times a day sometimes) so I should get 15 points, I bet it goes to appeal, after all I have a pulse and am breathing!

I do feel for you, I know what the condition is like for me, god knows what you must be suffering.

[Huff&Puff]

24 hours was a typo, I meant 20 hours a day, I don't know if that makes any difference.

 

What medication are you on? I'm on Spiriva, Symbicort and Mucodyne, which have really controlled the coughing fits, which was the nearest I used to get to blackouts. I can't walk far at all, and everything has to be done extremely slowly, but now that the condition is stabilised, I manage to muddle along OK really.

[osdset]

I don't think 20 hours makes any difference the mere fact you are on oxygen should be enough, I take Spiriva, a Turbohaler containing budesonide/formoterol fumarate dihydrate twice a day (what a mouthful that is, if you excuse the pun!) and the usual Salamol inhaler as required. I blackout during coughing fits, I remember going to the doctor years ago about it before I was diagnosed with COPD he called it cough syncope, and said I was lucky I just blacked out, some forms of it result in the unfortunate victim becoming instantly incontinent! lol

 

If you do have to go for the medical don't mention that you 'muddle along OK' they will take it that you are 100% fit

[gordies]

It is clear that you should be exempt for a start!

 

If they expect a 'medical' then demand a home visit and ask your GP to provide a supporting letter stating why it is dangerous for you to leave the house.

 

Play them at their own game and don't let them get you down!

 

Good luck, Gordies

[osdset]

I posted an inquiry on another forum about your situation I got this back

 

As long as you follow these directions you can stop them.

ATOS and DWP have duty of care NOT to make claimants attend medical if doing so will harm or worsen condition.

ATOS are supposed to do a preboard check and can decide to directly place people in the support group or do a home visit.

 

Move as quickly as possible with this:

 

Get your doctor to fax ATOS with information about your medical condition

Either write but at this time of your its better if you can get GP to fax your reply also.

Dont forget GP MUST ring fax confirmation number to ensure receipt

 

 

Write a short synopsis of your condition and difficulties you would have attending medical this is an idea of what to say:

 

 

1. I have XYZ condition which... [makes walking extremely painful, etc.] [basically describe why traveling any distance is fraught with problems.]

2. My doctor sent a fax on [date] informing you that...

 

3. In view of the above, please explain, in writing, why you will not allow me to have a medical assessment at home.

 

4. If I am to attend an ATOS centre, this will cause me ... [pain, stress, anxiety, etc.].

To minimise the impact I will need:

(a) a taxi door to door - please confirm in writing that you will reimburse this cost regardless of the number of points awarded at the medical.

(b) if the distance between where I have to leave the taxi and the entrance to your centre is more than [X] yards, I will need a wheelchair - please confirm in writing that this will be provided, also someone to push the wheelchair.

 

5. I will be sending copies of this letter to my MP Mr ????? and my local councillors MR ?????????? making them aware that you do not appear to be standing by your own guidelines

 

6. Your own guidelines state

How will you support those who are unable to travel to their Work Capability Assessment?

Prior to making an appointment a healthcare professional will consider, based on the customer's questionnaire, whether they should attend an assessment centre or whether a home visit or taxi is appropriate. In cases where it is considered a customer may fall into the Support Group for Employment and Support Allowance, then further medical evidence may be requested from the customer's GP which contains a question about a customer's capacity to attend an examination centre. If any other further medical evidence is received before the appointment, consideration is also given to the need for an assessment or whether a home visit or taxi is appropriate.

However, at the appointment stage, if the customer feels they cannot travel to an examination centre because of how they are affected by their medical condition, they will need to provide medical evidence from a treating physician that supports this. This evidence is then considered by a healthcare professional who decides whether this supports a home visit or provision of a taxi.

 

 

I hope this helps.

 

John

[Huff&Puff]

Thanks much for that

 

A home visit was already asked for on the ESA50 form. And I already supplied most of that as supporting evidence. I can't lay it on too thick though, as I have a Motability car, which they presumably would know about through my DLA payments to Motability. At the end of the day, if they want to waste my time and theirs with a medical, I suppose it's up to them. I can't walk anywhere near 50 metres without stopping, and I haven't been able to for the last 5 or 6 years, so that's 15 points right there.