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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Further Medical Evidence .... ‘no wriggle room’

shawn mach
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rightsnet.org.uk

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From Benefits and Work, who have obtained a memo ‘which appears to have been sent out by Maximus’ - 

“Where there is evidence of a previous suicide attempt, suicidal ideation or self-harm expressed in the ESA50/ESA50A, the HCP must request FME.

This is clear and unequivocal and has been in guidance since version 6 dated December 2010. There is no wriggle room here – you must request FME.

If you follow the guidance then we can defend you should a tragic incident occur. If you do not follow the guidance we cannot.”

More from Benefits and Work @ DWP panic and cover-up after claimant death publicity. WCA medics warned ‘We cannot defend you’

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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So there it is in a nutshell.

FME is to be obtained to cover the arses of HCP and Maximus - not for the benefit of claimants or so as to ensure an accurate assessment.

SarahJBatty
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Money Adviser, Thirteen, Middlesbrough

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One would have liked to think that the system was designed to obtain medical evidence as a way of preventing a tragic incident from occurring, by as you say ensuring an accurate assessment.

Also the term ‘wriggle room’ is telling, to use for a process designed to assess a very complicated thing - the extent of a person’s health condition or disability or impairment.  Almost suggests that people involved in the process may want to ‘wriggle’ out of their responsibilities .... and wouldn’t instinctively do a very comprehensive thorough job taking into account all the facts.

 

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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The sickener is that they did know to get medical evidence but I only saw them get it when there was a PV marker on the file. I’d guess it saved a few quid and a few weeks on the file turnover.