Memo DMG 17/11
ESA - PERSONALISED SUMMARY STATEMENT
Contents Paragraphs
Introduction 1 - 2
Personalised summary statement 3 - 6
Annotations
Contacts
INTRODUCTION
1 The Secretary of State is required by law to produce an independent report on the
operation of the WCA annually for the first five years since ESA came into force on
28.10.081. See DMG 42001 for guidance on the meaning of the WCA process.
1 WR Act 07, s8, 9 & 10
2 The first report was published on 23.11.10, and contained a number of
recommendations for improvements to the WCA process. One recommendation was
that, where the claimant was referred to a HCP for examination and report1, the HCP
report (form ESA85) should contain a personalised summary of the assessment. This
avoids the use of stock phrases from the computer system used to complete form
ESA85.
1 ESA Regs, reg 23
PERSONALISED SUMMARY STATEMENT
3 The PSS is a statement of facts and findings made by the HCP, and is personal to the
claimant. It gives the HCP the opportunity to
1. justify their recommendation on the LCW and LCWRA activities and descriptors
and
2. explain where the recommendation conflicts with the claimant’s view of their
condition.
4 The PSS should refer to all of the claimant’s health conditions, and consider the
combined impact where multiple conditions are present. This should reflect the
consensus of medical opinion. It should not introduce new information not already in
form ESA85.
5 From 6.6.11, the personalised summary statement (PSS) is completed by the HCP in
all cases where
1. the questionnaire (form ESA50) was issued on or after 14.3.11 and
2. the WCA is applied on or after 6.6.11 and
3. the amended LCW and LCWRA descriptors apply.
See Memo DMG 06/11 for where the amended descriptors do not apply.
6 The PSS forms part of the report form ESA85 where that is produced electronically,
and is also produced as a separate form ESA85(S). It is part of the evidence
considered by the DM when making determinations as to whether the claimant has
LCW, and if so, whether they have LCWRA.
ANNOTATIONS
Please annotate the number of this memo (Memo DMG 17/11) against the following
DMG paragraphs:
42138, 42171, 42391.
CONTACTS
If you have any queries about this memo, please write to Decision Making and
Appeals (DMA) Leeds, GS36, Quarry House, Leeds. Existing arrangements for such
referrals should be followed, as set out in Memo DMG 14/11 - Obtaining legal advice
and guidance from DMA Leeds.
DMA Leeds: June 2011
PDF version
went for assessment with atos origin, i have two dic protrusion chronic degenerative chages.and narowing of the spine that is pressing on my spinel cord. i have contsent pain in back knees and legs this gets worse the moore i walk i am waiting to see consultant for treatment by operation. i olso have only 2cm of moovement in back, this will get worse . i can not bent kneel down or lift enything as the pain gets worse yet i have been found fit for work how can this be atos origin have put what they wont on medical report and not looked at my mri scan report and xray report . i now have to appel but dont know where to go for help.atos pass poeple fit for work to make up the numbers there are not interrested in your medical reports.
Hi John,
Long time no hear from. Back on the battle ground, Pitbull you will recall is a former DWP (aka Benefits Agency) Fraud Officer. He is very ill now, his medication failing once again, a second time when his former employer selected him to complete their questionaire. The probable for them and you should note this for others, is that when applying for the first time for the new benefit and not being transferred, they ask if you are to considered under the Speical Rules for the terminally -ll. The form they said out has no reference whatever to Special Rules for the terminally ill. Pitbull having twice been found unfit for any work or assessment under the Special rules, he is to return the form WITHOUT FILLING IT IN, and explain that he comes under Speical Rules that means he should be transferred to ESA Support Group on the basis of the information already held. Return the form and state that. Find out the name of your local DWP Manager, the senior Manager of your local office and always but always address it to him/her sending it NOT RECORDED but RMSD, because they will lie and say they have not got it. RMSD you have a signature of a staff member.
Johnny (Brighton)