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ESA tribunals & Mental Health
I’ve just found the ‘doctor only’ and ‘neuro trained nurse’ only lists which are in the 2010 ESA filework guidelines (on page 51) here
(you’ll have to copy and paste this link to make it work)
https://www.whatdotheyknow.com/request/115581/response/285811/attach/7/ESA filework.pdf
Suitable only for doctors:
Stroke
Head injury with neuro sequelae
Brain haemorrhage
Sub Arachnoid Haemorrhage
Brain tumour
Acoustic Neuroma
Multiple Sclerosis
Motor Neurone Disease
Parkinson’s disease
TIAs
Bulbar Palsy
Myasthenia Gravis
Muscular Dystrophy
Guillain-Barre Syndrome
Amyotrophic lateral sclerosis
Syringomyelia
Neurofibromatosis
Spina bifida
Polio
Fits (secondary to brain tumour)
Learning difficulties (with neurological physical problems)
Nystagmus
Myelitis
Bells Palsy
Trigeminal Neuralgia
Paraplegia
Quadriplegia
Huntington’s Chorea
Huntington’s Disease.
Suitable for Neuro trained nurses:
Prolapsed intervertebral disc
Lumbar nerve root compression
Sciatica
Slipped disc
Lumbar spondylosis
Lumbar spondylolisthesis
Lumbar spondylolysis
Cauda equina syndrome
Spinal stenosis
Peripheral neuropathy
Neuropathy
Drop foot
Meralgia paraesthetica
Cervical spondylosis
Cervical nerve root compression
Cervicalgia
Nerve entrapment syndrome
Carpal tunnel syndrome
Trapped nerve
Paraesthesia
Tingling
Numbness
Brachial plexus injury
Polyneuropathy
Dizziness
Vertigo
Essential Tremor
VWF
Alzheimer’s
Dementia
Thank you.
When i searched “file work guide” on wdtk I got only the 2012 ones… Needed to stick in “2010”
As an aside, interesting that physical disabilities get specialist workers; people with MHPs don’t get a look in… Do I see another example of discriminatory practice considering there’s been a breach of the Equalities Act already?
Being as I’m not in work I’m leaving a little tome about misfeasance where I can find it…
http://www.davidmarq.com/bama/misfeasance and tort.pdf
[ Edited: 28 May 2013 at 06:05 pm by Dan_Manville ]Well, following the Whatdotheyknow link I posted above leads to the all new filework guidance from May 2013.
Still the “list of Dr Only Conditions” refers to appendix G, still appendix G does not include that list.
I’m starting to get the feeling that nobody within DWP or ATOS reads the guidance, you’d think, otherwise, that they’d have spotted the error by now wouldn’t you… That is a worry!
“Thank you for your email dated 14 June 2013 requesting a review of the Department for Work
and Pensions (DWP) response dated 14 June 2013, reference FoI 2428.
In your email you asked the following:
‘I am writing to request an internal review of Department for Work and Pensions’s handling of
my FOI request ‘List of Dr Only conditions’.
The information I requested was not included; so i can see, and certainly not where the
document said it was.
Please forward, exclusively, the current list of Dr only conditions; it does not seem to be
included in the document so far provided.’
Please be assured that your request has been given our full consideration and that all aspects
of your review were taken fully into account.
The review was conducted by an independent official of the Department, of the relevant grade
and authority to carry out such requests. The case has been examined afresh, and guidance
has been sought from domain experts to ensure all factors were taken fully into account.
The internal review has determined that the 2010 version of the Employment and Support
Allowance (ESA) File work Guidelines document contained the list of Doctor only conditions at
appendix A. However, the ESA Filework Guidelines document that was issued to you on 14
June does not include the list of Doctor only conditions. Please accept my apologies for this
oversight. I attach a copy of the recently revised Neuro Conditions MED NEURODA V 5
Handbook that was made available in March 2013 to approved Healthcare Professionals
employed by Atos Healthcare. The handbook contains information at pages 5,6 & 7 relating to
which neurological conditions are suitable for neurologically trained nurses and
physiotherapists to conduct the Work Capability Assessment, and which neurological
conditions are solely to be assessed by Doctors. This list supersedes all previous information
that has been released on the matter. “
I don’t think anyone pays much attention to the Filework guidance anymore… Clearly no-one’s noticed that the list of doctor only conditions was missing until now. I am seeking soon to hopefully refer the question of how solid the supersession can be when they’re so lacksadaisical -nay misfeasant- with their procedures to the UT. I’ve just found a good example to act as a lead case.
I have 7 cases where the guidance mandated them to obtain FME but they didn’t…
The system is broken.
If anyone thinks slinging art 14 ECHR and A1P1 around is misplaced please say so now to prevent me ending up looking like even more of an idiot than I fear I might if I’m wrong… My thinking is that by virtue of the decision in RJM ESA is a possession… DM gives good ground to argue that Article 14 is engaged.
Dr Paul Litchfield, who has taken over from Prof. Harrington, will shortly be calling for evidence for the 4th report on the WCA.
It may also be useful to feed this into that evidence. We have noticed that ATOS are also failing to request FMI in cases where LCfWRA may be relevant (inc. routine re-assessement cases where client was previously in support group or migration cases where client previously exempt from the PCA due to a severe condition).
Not that I am expecting Litchfield to have any more impact on the WCA than Harrington - but here’s hoping?!
Does MC v SSWP[2012] UKUT 324 (AAC) allow all appeals decided on mental health prior to decision to be reviewed? Could it be argued that an official error has taken place and therefore an any time revision can be applicable.
from the dwp press office -
- We disagree with today’s ruling on WCA and will appeal. Already made significant improvements to the WCA for ppl w/mental health conditions
- WCA was introduced in 2008, since 2010 the % of people with mental health conditions who go into support grp for ESA has more than tripled
- We will carry on working with charities – incl Mind and the NAS - to continually improve the WCA for people with mental health problems
Yeah right! One of my colleagues had a meeting with Mark Hoban last week arranged by the MP for Witney as a result of constituants cases. Hoban trotted out the same old spiel (as above). So I guess heads will remain in the sand following the UtT decision (although there was some interest in the admin. implications for DWP of no ESA payable at the review stage under mandatory revision before appeal and large numbers of ‘found fit’ claimants having to claim JSA and then switch back to ESA at the appeal stage).
After all if no govt has managed to address the problems with the AWT/PCA/WCA evidence gathering process since it was introduced as the by the Tories in 1996 what hope is there?
Can someone mention ESA case laws for fibromyalgia please
Can someone help me with finding appropriate examples, case laws to prepare a submission for client with fibromyalgia. Thanks