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urgent: medical assesment 10th jan - advice needed please- THANKS

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  • urgent: medical assesment 10th jan - advice needed please- THANKS

    I’m writing this for the person in his own words as it’s less confusing - He urgently needs help SO PLEASE HELP. He has a medical assessment for ESA next week (JAN 10TH).

    Background- Long term mental illnesses-15 years, first medical assessment ever!, cancelled once to find an advocate-, assessment to be recorded. Suffers from alcoholism, severe depression, severe social anxiety/ social phobia/ BDD previous long standing, agoraphobia (bad body image issues) and paranoia. * No friends no family support network. Lives in a single room 8x8 foot, so no condition for a home assessment to take place
    There are questions below to experts. please help and offer any other tips etc?

    1 He WASN’T sent an esa50 form by MAXIMUS just the appointment time; therefore He is worried he will be disadvantaged going into the assessment. How bad is this situation? I feel if he had got the esa50 in he wouldn’t even be attending the assessment!

    2 Will the LACK OF HOME VISIT LOSE POINTS/FAIL? will he be penalized for going to actual appointment?

    3 RECORDING- do i secretly record in case their recorder doesn't work?

    4 The advocate is ‘only’ a well-being coordinator- hasn’t been to assessments before and is naive. Thinking MAXIMUS assessors are reasonable and will not try to catch people out/ and report honestly. Also says don’t worry regarding information on these forums? SUGGESTIONS?

    Information that has been collected for assessment:

    A summary of my medical problems
    B FULL MEDICAL HISTORY SARS
    C Doctor is writing an in-depth medical report with day to day issues etc
    D criminal Solicitor is writing a report, specifically – he got arrested over a disturbance that can be linked to his conditions.
    E civil solicitor is writing a report- he was put in hostels and was homeless twice due to vulnerable person type behavior, homeless, not taking care of himself e, nervous breakdown etc
    F Photographic evidence of living conditions/ state of his room, rotting food dirty etc? not suitable for assessment etc

    IS THIS ENOUGH OR CAN ANYONE OFFER ANY SUGGESTIONS FOR THE ABOVE OR ANYTHING ELSE?
    Tags: None

  • #2
    Re: urgent: medical assesment 10th jan - advice needed please- THANKS

    You might find the information in this link useful:https://www.turn2us.org.uk/Benefit-g...nnaire-(ESA50)

    Other than to say you should not try to secretly record the interview (intervew will be terminated if you are discovered), and there should be no penalty for attending an assessment centre, I haven't much advice.
    Although the assessment is being recorded, the "Advocate" should also be taking notes, and be proactive in supporting the claimant. eg if the assessor asks vague questions (for example "how do you cope on a daily basis) he needs to point this out.
    The advocate needs to be aware of the claimants problems and how they affect his ability to function in different circumstances. It would be better to have someone who knows the claimant and can be firm with assessor.

    Comment


    • #3
      Re: urgent: medical assesment 10th jan - advice needed please- THANKS

      thanks for the help des (AGAIN) regards the advocate, i will email him and tell him this BUT when presented with internet evidence of unfairness by maximus, he said 'don't believe everything you read on the internet!!!!!!' i cant go, no one else can go as he knows no one. any suggestions in terms of emailing the advocate to get him to wake up?

      also the esa50 info doesn't really mention whether i can get the assessment cancelled. i have no idea what to do regarding this? do i download a form /fill it in and get the advocate to hand it in to the assessors, contact the dwp or try and cancel the appointment?

      thanks

      Comment


      • #4
        Re: urgent: medical assesment 10th jan - advice needed please- THANKS

        You should also get him to phone (or email?) Maximus/DWP asking why he wasn't sent the ESA50 form
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: urgent: medical assesment 10th jan - advice needed please- THANKS

          I would contact them first thing Monday morning and insist the assessment is postponed and an ESA 50 form sent, and sufficient time given to complete i.
          If they don't allow that There are then grounds to appeal.
          Obviously this is very stressful,specially for those who are vulnerable.
          You might find this link useful: http://dpac.uk.net/2015/07/response-...-on-claimants/

          Comment


          • #6
            Re: urgent: medical assesment 10th jan - advice needed please- THANKS

            thanks for all the GREAT advice your all STARS! we have also been advised to call them and demand to speak to a manager (call back?) as they may be more reasonable whereas a call back operative wont have the authority? Wondering if they will call back same day though? * I feel chances are they will know the pressure were under and just demand we turn up. it seems these are ALL the possible options, either....

            1 Refuse to go full stop on Tuesday and demand another appointment
            2 Go to assessment with a documented letter stating that this is completely unfair without an esa50 filled in and is evidence and grounds to appeal (if the assessment goes against us)

            3 Go to assessment with a Downloaded and Rushed filled in Esa 50 form and demand it is handed in with other evidence at the assessment?

            4 or anything else you may suggest??

            Comment


            • #7
              Re: urgent: medical assesment 10th jan - advice needed please- THANKS

              The ESA assessment has two parts:
              the written part, which needs to be read , followng which a decision is made as to whether or not the second part( a face to face assessment) is necessary)

              I would not recommend 1) unless there is a reason for not going eg illness.
              and 3) is a bit pointless, as the form is supposed to be assessed prior to the face to face.(and you need to think carefully of how that form is completed and not rush it!)

              He could go to the assessment, with or without the letter, and have grounds for a mandatory reconsideration, followed by an appeal if his claim for ESA is turned down.
              During that process he would need to claim JSA.

              IMO your first suggestion, of speaking to a manager to get the assessment cancelled, and for MAXIMUS to restart the process correctly, is the best way forward.
              If they don't agree, then turn up for the assessment and be prepared for the appeal process.

              Comment

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