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ESA 85 and All That


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I had an Atos medical in early December last year (I assume Atos are still working on things?) and was wondering when it would be best to ask for the corresponding ESA 85 to it. I also know that there is a full report version with all the paperwork but I forget the official name for it. So far I haven't heard anything about the verdict on my medical.

 

 

So my question is when should I ask for these and who do I ask?

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:PomBlue:

 

The 'full report version' is the ESA85 report, unless you're thinking of something called the statement of reasons.

 

An ESA85 report should be available on request, for the price of a phone call to your benefit delivery centre, from two working days after the face to face assessment. Number on the last letter you received from Jobcentreplus. (Occasionally claimants have to chase with a subject access request.)

 

The statement of reasons for a decision isn't written until the decision's made.

 

Currently the entire employment n support assessment process has unacceptable delays at every stage, so your ESA85 report is probably still waiting for a decision maker's attention. Or there's a possibility of no change and the decision letter's gone walkabout. Ask when you phone for the ESA85.

 

Best wishes, Margaret.

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:PomBlue:

 

The 'full report version' is the ESA85 report, unless you're thinking of something called the statement of reasons.

 

An ESA85 report should be available on request, for the price of a phone call to your benefit delivery centre, from two working days after the face to face assessment. Number on the last letter you received from Jobcentreplus. (Occasionally claimants have to chase with a subject access request.)

 

The statement of reasons for a decision isn't written until the decision's made.

 

Currently the entire employment n support assessment process has unacceptable delays at every stage, so your ESA85 report is probably still waiting for a decision maker's attention. Or there's a possibility of no change and the decision letter's gone walkabout. Ask when you phone for the ESA85.

 

Best wishes, Margaret.

It's not clear from what you have said what the ESA85 says or declares. Perhaps because I gave the impression that I knew what its function was. I thought I did, but if the decision hasn't been made after 2 days then what is the point of it?

 

 

The term Statement of Reasons sounds like the thing I heard.

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:PomBlue:

 

An ESA85 report is compiled by an Atos assessor from the face to face assessment (often called a medical) that most claimants have as part of a work capability assessment. It includes a recommendation about limited capability for work/work related activity.

 

The completed ESA85 report is then returned to Jobcentreplus. From the ESA85 and any other available evidence; ESA50 questionnaire, letters from a claimant's doctor, hospital reports, etcetera, a Jobcentreplus decision maker then makes a final determination on capability for work/work related activity.

 

Currently the wait between Atos and the decision maker varies between a few days and several months. But claimants don't have to wait for the final decision before requesting a copy of the ESA85.

 

Margaret.

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:PomBlue:

 

An ESA85 report is compiled by an Atos assessor from the face to face assessment (often called a medical) that most claimants have as part of a work capability assessment. It includes a recommendation about limited capability for work/work related activity.

 

The completed ESA85 report is then returned to Jobcentreplus. From the ESA85 and any other available evidence; ESA50 questionnaire, letters from a claimant's doctor, hospital reports, etcetera, a Jobcentreplus decision maker then makes a final determination on capability for work/work related activity.

 

Currently the wait between Atos and the decision maker varies between a few days and several months. But claimants don't have to wait for the final decision before requesting a copy of the ESA85.

 

Margaret.

Your last paragraph. If you are referring to the decision makers verdict here, from what I've read on this forum it is taking more than several months. I had my medical in early December last year...?

 

 

How do I get the rest of the paperwork you refer to that accompanies the ESA85?

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:PomBlue:

 

Suppose it depends how many months several is. Can be up to six months in London and the South. And it's no longer unusual for return of ESA50 (to Atos) to receipt of award letter/disallowance notice from Jobcentreplus, to take upwards of a year.

 

'How do I get the rest of the paperwork?

 

If you only want the paperwork for this assessment, try a written request (via recorded delivery) once you know the decision makers verdict. If Jobcentreplus ignore your request, or you want all the records for your claim, formal subject access request. Jobcentreplus don't charge and they're supposed to respond within forty days.

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

Margaret.

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:PomBlue:

 

Suppose it depends how many months several is. Can be up to six months in London and the South. And it's no longer unusual for return of ESA50 (to Atos) to receipt of award letter/disallowance notice from Jobcentreplus, to take upwards of a year.

 

'How do I get the rest of the paperwork?

 

If you only want the paperwork for this assessment, try a written request (via recorded delivery) once you know the decision makers verdict. If Jobcentreplus ignore your request, or you want all the records for your claim, formal subject access request. Jobcentreplus don't charge and they're supposed to respond within forty days.

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

 

Margaret.

 

Many thanks for that.

 

 

"And it's no longer unusual for return of ESA50 (to Atos) to receipt of award letter/disallowance notice from Jobcentreplus, to take upwards of a year."

I think I know what this is saying but terms like award letter/disallowance notice are totally undefined for me, mainly because the JCP doesn't provide such headings to their letters (not that I've noticed). Is this statement of yours to do with the first time you fill in your ESA50 or does it include subsequent filling ins?

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:PomBlue:

 

Every work capability assessment for employment n support allowance (initial and subsequent) results in a decision about capability for work/work related activity, and the claimant should receive;

 

Either an award letter - the claimant's entitled to ESA,

 

Or an ESA65 disallowance notice - the claimant's not entitled to ESA.

 

Most of us would agree with you that the letters could be clearer, especially as it's not always clear how payments have been calculated. A work capability assessment usually includes an ESA50 questionnaire followed by a 'medical' at Atos. But it can be just one or the other, and occasionally neither are required.

 

Hope I've made more sense than some of Jobcentreplus' letters. :-)

 

Margaret.

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:PomBlue:

 

If I put on the ESA50 form 'No change, use the last form' will that do?

 

Err... not a good idea. :nono: The 'last form' may be two hundred plus miles away in remote storage! Every subsequent ESA questionnaire should be treated as an initial one. Cos of Jobcentreplus archiving, the only records likely to be available to Atos are your previous assessments on their computer.

 

Legislation states that Jobcentreplus may request information in the form of a questionnaire but it doesn't specify a format for return of the information. Consequently Atos are instructed to accept incomplete questionnaires. Which is just as well for those of us who lose patience with the boxes, and turn ESA50s into scrunchies for a favoured feline.

 

But it's really important to give Atos/Jobcentreplus as much up to date detail as possible about the effects of your condition on your ability to perform, or not, the prescribed activities (descriptors) that are relevant to the workplace. One way or another.

 

Descriptors at pages 18 - 28, exceptional/special circumstances at pages 10 - 12, and the scoring system is explained as well in;

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

A suggestion that may work for you, for your next questionnaire, is to fill in your name, doctor, etcetera, on the form. Then attach an updated version of your letter in lieu of pages 7 - 16.

 

Not everyone's way to cope with an ESA50, but an eight page statement as to which descriptors I meet and why (instead of pages 7 - 16) worked for me.

 

Best wishes, Margaret.

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  • 3 weeks later...
:PomBlue:

 

If I put on the ESA50 form 'No change, use the last form' will that do?

 

Err... not a good idea. :nono: The 'last form' may be two hundred plus miles away in remote storage! Every subsequent ESA questionnaire should be treated as an initial one. Cos of Jobcentreplus archiving, the only records likely to be available to Atos are your previous assessments on their computer.

 

Legislation states that Jobcentreplus may request information in the form of a questionnaire but it doesn't specify a format for return of the information. Consequently Atos are instructed to accept incomplete questionnaires. Which is just as well for those of us who lose patience with the boxes, and turn ESA50s into scrunchies for a favoured feline.

 

But it's really important to give Atos/Jobcentreplus as much up to date detail as possible about the effects of your condition on your ability to perform, or not, the prescribed activities (descriptors) that are relevant to the workplace. One way or another.

 

Descriptors at pages 18 - 28, exceptional/special circumstances at pages 10 - 12, and the scoring system is explained as well in;

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

A suggestion that may work for you, for your next questionnaire, is to fill in your name, doctor, etcetera, on the form. Then attach an updated version of your letter in lieu of pages 7 - 16.

 

Not everyone's way to cope with an ESA50, but an eight page statement as to which descriptors I meet and why (instead of pages 7 - 16) worked for me.

 

Best wishes, Margaret.

Thank you for that. Sorry for the delay things haven't been so good recently.

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