Resurrecting this old thread as now have three clients being sent ESA50 and onward medicals following successful appeals go into WRAG. Started formal complaints procedure.
Local BDC recently stated 'everyone' seen at 3 or 6 month intervals. Of course nothing in law requires this. The problem seems to stem from the 'prognosis' usually found in the ATOS medical report.."should be better after 3 months", etc.
Reg. 23 (quoted by BDC) in reply to complaint states:
Claimant may be called for a medical examination to determine whether the claimant has limited capability for work
23.—(1) Where it falls to be determined whether a claimant has limited capability for work, that claimant may be called by or on behalf of a health care professional approved by the Secretary of State to attend for a medical examination.
However, in each case, the tribunal has ALREADY determined whether there was limited capability for work. My understanding is that the Pathways provider should then make appropriate recomendations regarding clients work prospects, etc.
Was wondering if anyone has pursued this further or had a succesful JR decision, as it appears clear case of the JCP fettering its own discretion.
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