Tribunal Hearing Mid January (ESA50 Missing from Bundle of Paperwork Sent to Tribunal By DWP) Will my hearing still go ahead without ESA50?

Bundle of Papers sent to Tribunal for Hearing By DWP Only seems to have ESA 85 (No ESA50 No Medical Reports that i prevoiusly sent in with my ESA50.) Yet it states as fact of the case that my ESA 50 Was forwarded from Medical Services. (ATOS) but was not recieved at the Belfast Benefit Centre. It states every method to trace has been actioned but ESA50 cannot be presented as evidence in this case... Also included with the bundle of papers is the LT54( DM decision). In this the DM states the evidence he looked at when making his decision was my ESA50 HCP report and the medical evidence. How can they state they never recieved my ESA50 from medical services yet later state they looked at it when making their decision?

4 Replies

  • Have you pointed this out to them I would take a photo copy of that letter that states they looked at form when making their decision and again photo copy the letter that says they haven't got the form and ask which is the truth they either have the form but dont want to present it as evidence because they know their decision is wrong or they never received it therefore their decision is wrong because they never based it on medical evidence. Can you not get a copy from atos?

  • Yes, I have asked ATOS for a copy of my ESA50 which they had when I done my Medical assessments but they informed me they are not allowed to keep medical evidence, what they said was after the medical assessment it is forwarded on to Belfast benefit centre by their own courier system. Yes I have pointed out this in a letter I sent to the tribunal asking which statement is true, either they have it and are not presenting it as evidence or they never received it. Then if they never received it how can the DM say he looked at it. That's what I am wondering to

  • Hi there, my advice, for what it is worth, with your assessment so close to hand is firstly go to the CAB tomorrow and see if they can get access to your ESA50 - did you not keep a copy of it for yourself? If not, it might be a good idea in future to keep copies of absolutely every bit of correspondence you have with the DWP, then it

    makes life so much easier as you have everything at your finger tips. Enough ramble, the other thing I would suggest is getting in touch with your local MP and making him aware of the situation and keep on at him to take action, I have found MP's can be very helpful with things like this, especially if things are being complicated, which yours seem to be, by mismanagement by ATOS, who in my opinion are making a complete nonsense of almost everything they do !

    Also does your GP not have copies of any of the paperwork and medicals that were done ? That's just a thought......

    I wish you all the very best possible luck with this. :-)

    Foggy x

  • Hi on Facebook there is called Fightback who have really great advice when it comes to benefits, it is run by group of fantastic experienced people. Have a look at their notes page, it should help with what you know cheers Becki healthcare advocate/advisor Fightback

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