ESA Medical query.

[js4]

Am I right in thinking that when one goes for an ESA medical the healthcare professional should be [somewhat] qualified in the disability/medical condition that you are being assessed on e.g. someone with rheumatoid arthritis should be assessed by a HCP who has knowledge (albeit very limited) of such a condition and not perhaps carried out by someone with experience in mental health matters?

Are you also allowed to enquire at the assessment as to the experience the HCP has in your medical condition and if there is any conflict what action can be taken?

Thanks.

[Ro 1]

The Healthcare Professionals who carry out the WCA for ESA & the PCA for IB are usually GPs,nurses or other people who have been trained to assess a claimant's ability to work or do work related activities.They do not necessarily specalise in particular areas of medicine such as Rheumatoid Arthritis,though some do specalise & take an interest in certain medical conditions.The HCP should be aware of your health conditions & how these affect your ability to work,they also have resources available to them & your ESA50.

The HCP will follow the rules & regulations laid down by the DWP when carrying out an assessment & the Decision Maker will decide whether you have reached the threshold for the Work Activity Group or the Support Group of ESA


You may be interested in the Independant Review of the Work Capability Assessment & the Government's response:


http://www.dwp.gov.uk/policy/welfare...endent-review/

[js4]

Thank you Ro, certainly food for though as to the role of Atos. Harrington's report also makes for interesting and somewhat hopeful reading!

[Lin]

They don't have to be qualified in any disability/illness (although they do undertake a short course in 'Disability Assessment').

They have employed nurses, chiropodists and midwives lol - ATOS/DWP response is that they are not interested in what the disability is/likely prognosis - just how (at the moment) it impacts on being fit/available for some form of work.

ATOS view is:

"All healthcare professionals (HCP) regardless of any primary qualifications are fully trained in Disability Assessment Medicine … the HCP's assessment is not concerned with diagnosis or decisions about treatment and therefore specialist diagnostic qualifications are unnecessary."





Lin

[Ro 1]

Quoted from an article by Melissa Viney:

...These staff may not be qualified doctors; a further statement by Atos in response to an freedom of information request is telling:

"All healthcare professionals (HCP) regardless of primary qualifications are fully trained in Disability Assessment Medicine … A customer may submit evidence from their doctor or specialist, however, unlike the more widely known type of examination, the HCP's assessment is not concerned with diagnosis or decisions about treatment and therefore specialist diagnostic qualifications are unnecessary."

http://www.guardian.co.uk/commentisf...enefit-failing



Atos HCP's do not have to take account of other medical evidence,they carry out the assessments for IB & ESA according to the rules & regulations of the DWP.

The WCA:


It is a functional assessment which focuses not on an individual’s condition but on the functional effects on that particular individual. The assessment looks at a range different activities related to physical, mental, cognitive and intellectual functions and certain additional criteria that do not directly measure function (such as terminal illness) to determine capability for work, taking into account developments in healthcare and the modern workplace.

Following an assessment, the healthcare professional provides advice to a DWP decision maker to inform the decision on benefit entitlement. The decision maker will use this advice alongside all other available evidence (including any medical evidence provided by the individual’s GP or specialist) to determine an individual’s capability for work and capability for work related activity...

ESA Amendment Regulations:

http://www.ssac.org.uk/pdf/esa-amend...tions-2011.pdf

[ukbix]

This post has been removed by a moderator.

[ukbix]

Atos HCP's do not have to take account of other medical evidence,they carry out the assessments for IB & ESA according to the rules & regulations of the DWP.

ATOS HCP's DO HAVE TO TAKE ACCOUNT OF OTHER MEDICAL EVIDENCE.
(in theory, obviously often in practice they often ignore it, or dont even have it available)

Also, not only do they have to comply with legislation, they also have to comply with the rules and guidance of their professional regulatory body (usually the GMC or NMWC)

[Ro 1]

Medical services will provide an independent medical opinion on the claimant’s condition, functionality and their ability to perform activities related to work. They do not provide a diagnostic examination. Their focus is on a claimant’s abilities rather than their disabilities. HCPs should provide relevant information and good justification for their recommendations with regard to LCW.

ESA Handbook Chapter 42

[Debbie]

HCPs, properly called Disability Analysts carry out the assessments. it is DWP Decision Makers who actually make entitlement decisions. DMs ask DAs for advice before the medical if appropriate, but it is DMs who make the decisions, including which medical informationm known as evidence is used.

I wou;d also add that whilst a minority of claimants face problems during the assessment process, the vast majority of assessments are carried put professionally, and fully in line with the relevant law and regulations.

[ukbix]

This post has been removed by a moderator