Can surgery as a day case patient be argued as ‘in-patient for ESA Reg 25?

Can surgery as a day case patient be argued as ‘in-patient for ESA Reg 25?

As many surgical procedures are carried out as day-cases these days and patients essentially are ‘admitted’ to hospital for treatment then discharged later in the day/evening. Is it possible to apply Reg 25 in these cases?

We have a case where ATOS assessed 6 weeks after surgery and ESA subsequently disallowed so are just exploring all options!

Thanksfor all advice.

The relevant DMG thinks so:

DMG 42044 A hospital in-patient includes a claimant who is admitted to hospital for a single day, for example to have day surgery which doesn’t need to involve an overnight stay.

The distinction is with attending an out-patient clinic which would not be regarded as being an in-patient