Published on 12, July, 2020
HELP!
I'm suddenly concerned that I'm failing to gather adequate medical evidence in support of my Employment and Support Allowance claim. I'm concerned that I may have left it too late, and that this could be due to my own Autism Spectrum Disorder (ASD) impairing my ability to correctly understand what I'm supposed to do about this stuff. I am making the claim because of the difficulties I seem to have getting into work as a result of my ASD.
Only yesterday, I read about the final outcome of the #unfairWCA judicial review, tribunal case, or whatever it is:-
For me, the key paragraphs of Mind's news article are these:-
"The case centred on how evidence is gathered for the WCA. People are expected to provide evidence from a professional such as a GP or social worker themselves, which can be extremely challenging for those affected by mental health problems, learning disabilities or autism.
"There is no obligation for the DWP to collect evidence, even on behalf of the most vulnerable claimants, apart from in some rare cases. As a result, people who most need support are often being assessed without crucial medical or other relevant evidence being taken into account.
"In the Upper Tribunal ruling, judges said that the WCA puts people with mental health problems, learning disabilities and autism at a “substantial disadvantage”, and that there may be reasonable adjustments that could be made to improve the process.
"The Tribunal also stated it did not have enough information to compel the DWP to make a specific change to the WCA. However, judges encouraged the DWP to trial reasonable adjustments to the test “as soon as possible”."
When I completed the main form, ESA50, during the summer of last year (2014), the only medical evidence I could provide at that time (in addition to what I wrote on the form itself) was a copy of a summary of assessment that the consultant who diagnosed me sent me. I told the DWP, on the form itself, that I was still waiting for the full assessment report from that consultant. (I'm still waiting, but am chasing it up again.) I also gave the DWP the names and (work) addresses of my GP and the consultant who diagnosed me, putting those details in the appropriate part of the form.
I remember being aware that there had been a judgement (the Upper Tribunal's judgement) that leaving people with mental illnesses, disabilities and ASDs to gather medical evidence themselves put them at a "substantial disadvantage", so I thought the DWP wouldn't be just carrying on in the same, unreasonable way. I had provided a summary of assessment as medical evidence that I have an ASD (Asperger's Syndrome), and filled in the ESA50 form as best as I could, and provided names and (work) addresses of my GP and the diagnosing consultant, so that the DWP could contact them. I couldn't think what other medical evidence I could provide that would be relevant.
Furthermore, the DWP themselves say that the WCA isn't really about medical diagnoses, but is about assessing whether or not people are capable of work or work-related activity. So, evidence supporting the diagnosis itself didn't seem, to me, to be what was needed. And I just couldn't think of what medical evidence I could provide that would be relevant to the WCA. After all, my current GP (or GPs) really haven't had to deal much at all with anything relevant, other than refer me to a psychiatrist who then referred me on to the consultant clinical psychologist who then diagnosed me.
So, as a result, I haven't gathered much supporting medical evidence at all.
But yesterday, when I read about the final outcome of that judicial review (or whatever), it struck me that I could be one of those people who's failed to understand what we're supposed to do when it comes to gathering supporting medical evidence. And I'm alarmed that, despite the Upper Tribunal judging that the WCA puts people with mental health problems, disabilities and ASDs at a "substantial disadvantage", the DWP can just carry on the same way, only being "encouraged" to "trial reasonable adjustments to the test “as soon as possible”."
I'm now very concerned that I've badly misunderstood the process, and that I've failed to gather supporting medical evidence that I might very well need to submit, and that I might not have enough time left.
I did go to the local Citizens Advice Bureaux in search of advice today, but I'll put that in the next post, as this post's long enough already.
Basically, I'm wondering, with quite a sense of urgency, what I should do about this.
Any help will be greatly appreciated!
Oh okay, thanks
Look at the date of the first post.
It's done so people accidentally click the link - for a free virus or malware or identity fraud..
Why would someone do that?
Is it really five years old.
Absolutely pointless.
This is a 5-year old thread resurrected by a spammer.
Hi
I don't know what stage you are at in the process, I have recently applied for new style ESA and was asked to get all your medical evidence together before starting your claim. I felt very similar to you, I enquired and researched and it seems no one knows. I spent over a month trying to find out, phoned job centre and initially the only medical evidence that is needed is doctor's certificates covering you for the time of your claim. There is a medical assesment further down the line, I have been advised not to worry too much about the medical evidence, and wait for them to request what they need. I have found out any documentation you have about courses of treatment, particularly the summary is good. I have no idea on urgency, as I am waiting for medical assesment. There is at least a chance for you to appeal, and this looks like the route we both will be going down. The whole situation is a farce