DWP Central Freedom of Information Team e-mail: [email protected] Annex A Our Ref: VTR4846 DATE: 19 November 2014 Dear Ms Baddams, Thank you for your Freedom of Information (FoI) request received on 4 November 2014. You asked:           Are WCA's and PIP assessments identical? If not, how do they differ? Is it the claimants right to have the WCA recorded? Is it the claimants right to have the PIP assessment recorded? Does the DWP call for medical evidence? Does the assessment call for medical evidence? We know that the sick /fit note triggers the ESA claim but to whom and where and when should other medical evidence be provided? Should the claimant forward medical evidence to the medical service i.e. ATOS with the ESA 50? When in the process of the WCA do the medical services send the ESA113 to the GP? When in the process of the WCA do the DWP send the ESA113 to the GP? In response to your questions I can confirm that the assessment criteria for PIP are entirely different to those for the WCA, reflecting the fact that ESA and PIP are different benefits paid for very different reasons. The assessment for PIP focuses on claimants’ ability to carry out key everyday activities, rather than capability to work and direct measures of associated functions as in the WCA. Claimants can ask to have their face-to-face assessment for the WCA audio recorded and all requests will be accommodated where possible. However, there is no legal right to an audio recorded assessment. Further information about audio recording of face-to-face assessments is contained in the WCA AL1C form: http://www.atoshealthcare.com/downloads/WCAAL1C_0713.pdf. There is also a lot of information available on Atos Healthcare’s website which can be accessed here: http://www.atoshealthcare.com/ Guidelines for the assessment of PIP including the recording of PIP consultations and requests for further evidence are contained in the PIP Assessment Guide for providers and can be accessed via the following link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/368122/pipassessment-guide.pdf Claimants are encouraged to provide all evidence that will be relevant to their case at the outset of the claim, including medical evidence supplied by their GP or other medical professional. Claimants can submit any evidence in support of their claim at any stage of the WCA process. In addition, Healthcare Professionals (HCPs) are expected to seek further medical evidence in situations where that would help them provide advice without calling a claimant in for a clearly unnecessary face-to-face assessment. In new claims, this will be if the claimant is likely to meet the Schedule 3 Support Group criteria; in Incapacity Benefit reassessment cases and rereferral cases this could be if either the Schedule 3 Support Group criteria or the Schedule 2 Work-Related Activity Group criteria are likely to be satisfied. HCPs follow the ESA Filework Guidelines when considering whether or not to seek further medical evidence – these guidelines are attached here: 295 ESA_Filework_Guidelin Atos HCPs issue ESA113s, but DWP Decision Makers consider all available evidence and make the final decision on a claimant’s eligibility for ESA. Claimants can forward medical evidence to Atos Healthcare with the ESA50. In fact, the ESA50 actively encourages claimants to provide any evidence (medical reports or other information) to support their application. However, as set out above, claimants can submit evidence in support of their claim at any point during the WCA process. If submitting evidence prior to a WCA, then it should be forwarded onto Atos Healthcare who will review this in conjunction with the ESA50 and all other information available. Where evidence is being submitted after the WCA, then it should be sent onto DWP for the Decision Makers to consider. If you have any queries about this letter please contact me quoting the reference number above. Yours sincerely, DWP Strategy FoI Team ------------------------------------------------------------------------------------------------------------------------------------------------------Your right to complain under the Freedom of Information Act If you are not happy with this response you may request an internal review by e-mailing [email protected] or by writing to DWP, Central FoI Team, Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter. If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745