Page 1 of 2 12 LastLast
Results 1 to 10 of 15

Thread: Request for home visit (again)

  1. #1

    Request for home visit (again)

    Apologies for the repetition of this but the WCA people for ESA- that is the people who do the examinations, keep telling me I should attend a medical at their center when I have told and emailed them the receipt illustrating the GP has agreed to request a home visit on my behalf. Why then do they keep ignoring this and insisting I attend the center (within the next seven days)?

    I am classed as being virtually unable to walk by the Pip/DWP due to three separate and distinct physical disabilities in conjunction with two additional diseases/ problems that have previously put me at risk of harm and continue to do so should I even be stupid or crazy enough to try to attend to their request. I shall have to go the EA 2010 discrimination route if this continues . Does anybody know if there is a template I can email them as a response? Thank you.
    Last edited by phillius; 07-12-2019 at 01:52 AM.

  2. #2
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,099
    Not a template as such, but this form of wording has worked for others here:

    "Due to my disabilities I am unable to attend your assessment centre on {date}, or on any other date, and I require a home assessment as a "Reasonable Adjustment" under the Equalities Act 2010."

    And back it up with a doctors letter. (If you have one).

    Don't be surprised if once you have sent that they suddenly decide they can do a paper based assessment without having to see you at all.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    Thank you Nukecad.
    I've rang the surgery and they are exasperated at the way Maximas keep badgering me when it's already been explained to them the request for the home visit could take up to 28 days due to my latest treatment and medication regime needing to be updated and coded and then for the Doctor to provide the relevant information. I will forward this to them and await their response. If they continue to response in an unfavorable way I shall then use the EA 2010 to highlight the discriminatory way in which they are behaving.

  4. #4
    The assessment center is now asking me to provide additional proof the GP's policy for dealing with requests for things like home visits is up to 28 days?
    If it is not provided by tomorrow they will send a BF223 form which will allow me to explain to the DWP the reasons for my non attendance for the WCA assessment- which is Wednesday ?
    It's crazy. They are effectively asking me to provide evidence about my condition though not giving enough time in which to provide it? Would I be right in assuming the DM will be a lot more reasonable than Maximus?
    Last edited by phillius; 07-16-2019 at 01:48 AM.

  5. #5
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,099
    They are being awkward (and telling porkies?).

    Unless they have changed the system then it's the DWP that send you the BF223 form, not Maximus.

    The stated process is that if you don't attend your assessment Maximus must inform the DWP of that failure to attend, and then the DWP send you a BF223 to check if you had good reason for not attending.
    You can see an example BF223 here: https://www.whatdotheyknow.com/reque...ch/3/BF223.pdf

    Maximus seem to go through periods of being awkward about appointments and Home Visits, they set rigid guidlines and refuse to budge until made to.
    (I've no doubt that there are financial/funding reasons behind it).

    Have you used EA 2010 yet?
    As said before that usually works.

    However if your appointment is tomorrow and you don't go then Maximus have to follow the DWP rules and refer your case back to the DWP, who should then send out a BF223.
    (Although there are occasions where the DM has been known to just send it back to Maximus and tell them to stop being arses, I wouldn't count on it though).

    If/when you get a BF223 then I would definitely invoke the EA 2010 in the 'Other Information' section.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #6
    Thank you Nukecad. I'm just caught in some sort of a tiff going on between the GP practice and Maximus. Apparently some kind of a mistake was made by the medical practice with regard to the deadline in which the home visit request was due. On a follow up by myself I discovered the error and the medical practice reverted to the revised date of the mistake meaning the due date is the 29th of July as opposed to the 17th. Meeting my obligations I kept Maximus informed of the error.

    Maximus are claiming they only allow fifteen days whilst the practice maintain they are sticking to 28 days due to GDPR. Maximus are maintaining they are not obliged to wait any longer than the fifteen days.
    Bearing in mind Maximus are insisting on the provision of a Doctors request and the policy of the practice is to supply one within 28 days I don't see how I have any choice but to wait 28 days.
    I am also physically unable to attend their assessment as I do meet the Exceptional Circumstances criteria set out by the WCA DM guide book 42310-42329. In fact, I am in receipt of PIP because of it which makes all of this being passed from pillar to post all the more bizarre.
    Last edited by phillius; 07-16-2019 at 06:43 PM.

  7. #7
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,099
    You are not the first to have this problem.
    It is a known problem and has been discussed more than once on the professional benefit advisers forum.

    It's been pointed out many times to the DWP that their 30 day limit for MR's and the like does not give people enough time to get any needed records or information under the DPA.
    Up to now they haven't been interested in doing anything about it.

    Maximus are maintaining they are not obliged to wait any longer than the fifteen days.
    I'm not sure just where Maximus are getting that 15 days from?
    There is nothing stated in law about that.
    It seems probable they have just made it up themselves, maybe because the DWP are pushing them to do WCA's more quickly? (and their staff somehow think it's the law not just an arbitary policy).

    As far as GDPR:
    The DPA2018/GDPR only covers Right of Access to your existing records, and not any new letters or information that needs to be created.
    Under DPA2018/GDPR they should provide any existing information you request 'within a month', but most use 28 days to ensure that they are within that month.
    (Under the old DPA1998 they used to have 40 days to supply the information).

    A letter supporting that you need a home visit is not existing records/information it's a new letter, and so is not covered by DPA2018/GDPR anyway.
    However many GP practices still use the 28 days as a guidline for creating new letters/information when asked for it.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  8. #8
    Quote Originally Posted by nukecad View Post
    You are not the first to have this problem.
    It is a known problem and has been discussed more than once on the professional benefit advisers forum.

    It's been pointed out many times to the DWP that their 30 day limit for MR's and the like does not give people enough time to get any needed records or information under the DPA.
    Up to now they haven't been interested in doing anything about it.

    I'm not sure just where Maximus are getting that 15 days from?
    There is nothing stated in law about that.
    It seems probable they have just made it up themselves, maybe because the DWP are pushing them to do WCA's more quickly? (and their staff somehow think it's the law not just an arbitary policy).

    As far as GDPR:
    The DPA2018/GDPR only covers Right of Access to your existing records, and not any new letters or information that needs to be created.
    Under DPA2018/GDPR they should provide any existing information you request 'within a month', but most use 28 days to ensure that they are within that month.
    (Under the old DPA1998 they used to have 40 days to supply the information).

    A letter supporting that you need a home visit is not existing records/information it's a new letter, and so is not covered by DPA2018/GDPR anyway.
    However many GP practices still use the 28 days as a guidline for creating new letters/information when asked for it.
    Much obliged for the response. In addition to what has been mentioned, I was told by email that they, Maximus, had requested clarification with a view to ascertaining whether they could extend the deadline for the assessment. Sadly the deadline has now passed and nobody from Maximus bothered to get back to me about it. Quite shoddy really. The BF223 (ESA) arrived two days later so I am assuming Maximus are issuing the BF223.
    Last edited by phillius; 07-19-2019 at 12:11 PM.

  9. #9
    Does anybody know if permission has to be granted for Maximus to contact the GP with a ESA113? There is a link here indicating this is the case, though I do not know how old the link is or whether or not things have changed: https://www.whatdotheyknow.com/reque...20113.pdf.html

    Maximus indicated they had contacted my GP with a ESA113 and I don't recall giving permission. Suffice it say their request was ignored- though current literature indicates only 25% of requests are responded to so a response from the GP is not the norm.

  10. #10
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,099
    You give permission when you sign the ESA50, it's in the declaration on page 22 of the ESA50. (Bottom of the first column and top of the second).

    I agree that
    –the Department for Work and Pensions
    –any Healthcare Professional advising theDepartment
    –any organisation with which the Department has a
    contract for the provision of assessment services
    may ask any of the people or organisations I have
    mentioned on this form for any information which is
    needed to deal with

    –this claim for benefit
    –any request for this claim to be looked at again
    and that the information may be given to that
    Healthcare Professional or organisation or to the
    Department or any other government body as
    permitted by law.
    If you want to withold permission then you have to strike out that clause by putting lines through it.
    (Which they'll probably ignore anyway).

    However:
    The ICO have pointed out to the DWP that there should be a tickbox to give implicit permission for each of those 'I agree' clauses on the declaration.
    Without one the ESA50 does not comply fully with DPA2018/GDPR, which says that you must give an opt-in for each condition.

    Up to now the DWP have ignored the ICO.

    This is becoming a campaigning point at the moment because of another clause on the ESA50, the one that give permission for you GP to be told the outcome of your WCA.
    (The infamous 'no more sicknotes' letter).

    The DWP are very good at invoking GDPR and implicit permission when it suits them (especially when a benefits adviser tries to talk about a clients UC claim and is told they can't because of GDPR), and ignoring it when it doesn't suit them.
    Last edited by nukecad; 07-19-2019 at 02:56 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

Similar Threads

  1. Esa home visit request
    By jacksonator in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 3
    Last Post: 10-10-2017, 04:28 PM
  2. Esa home visit request
    By jacksonator in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 3
    Last Post: 06-01-2017, 07:28 PM
  3. Esa 'home visit'...
    By quinnx in forum News and general discussion
    Replies: 0
    Last Post: 05-17-2017, 02:01 PM
  4. PIP should I request a home visit?
    By sleepycat in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 3
    Last Post: 06-07-2015, 10:44 PM
  5. pip home visit
    By mrslovely in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 04-21-2015, 12:10 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •