ESA Medical - Person accompanying someone with Mental Health Issues

Hi Everyone,
Does anyone know if there are a list of guidelines that can be followed by someone who is accompanying a ESA claimant to their medical, I am interested in those claimants trying to get ESA on mental health related descriptors. A person with mental health issues may sometimes give incorrect or misleading answers in a medical - and their representative may sometimes have to step in and clarify their answers - sometimes contradicting what the person has just said. Are there any guidelines/rules fo such occasions?
Any help would be appreciated.

Regards
Eamon

We recently had a meeting with a representative from Atos at one of our benefits forums. He stated that supporters for anyone attending a medical were welcome to speak and give information. He also said he was to forward the guidelines in these situations to the co-ordinator to add to the minutes. If we get them I could forward them to you. Do you have an e mail address?

As far as I know, Medical Services’ 2008 ESA handbook for HCPs is still current, there’s a copy here: http://www.rightsnet.org.uk/pdfs/ESA_handbook_v1_Final.doc
It states:

3.1.3.3   Claimant accompanied by relative, friend, carer.
Claimants are encouraged to bring a friend or companion with them to the assessment, and feel more at ease if accompanied. Indeed the companion may be a prerequisite to enable them to come to the Examination Centre.
Companions will be able to give useful information, particularly in cases where the claimant has mental function problems, learning difficulties, or communication problems, or people who stoically understate their problems. In individuals with learning disability or cognitive impairment the role of the carer may be essential to establish their functional capabilities.
Occasionally, a companion may wish to give too forcefully their own opinion on the claimant’s disability, perhaps giving a biased view.
If the companion is too intrusive, then you should point out that the claimant must be allowed to express their view.
The actual physical examination is not normally done in the presence of the companion, but strictly with the claimant’s consent, and if it appears a reasonable request, then the companion should be allowed to be present.

Having looked on the internet, I can see I was wrong to say the 2008 version hosted on rightsnet is current. There is a 28 July 2009 version of the ESA Handbook available at http://www.whatdotheyknow.com/request/esa_handbook

The section I quoted above appears to be unchanged, as does most of the handbook. Just for curiosity, I’ve done a quick side-by-side comparison of version 1 and version 4 of the handbook. Some of the changes I’ve noticed include:

- In 3.3.5, “The functional category considers the claimant’s ability to reach upwards” becomes “The functional category considers the claimant’s ability to reach mainly in an upward direction through movement at the shoulder joint but also reflects internal and external rotation of the shoulder”.

- At 3.3.11 there is insertion of descriptor “CB(c) Where the person’s artificial stoma relates solely to the evacuation of the bowel, has no voluntary control over voiding of the bladder”

- There are various changes to “normal degrees” of motion throughout the musculoskeletal exam section, eg Lower limb: “External rotation 35º” becomes “External rotation ?45º”

- Under 3.9, the word “not” has been added as indicated:

A second non-functional descriptor (relating to specific condition) is also listed in the ESA 85A.
The claimant is suffering from some form of specific disease or bodily or mental disablement and, by reasons of such a disease or disablement, there would be a substantial risk to the mental or physical health of any person if they were found not to have limited capability for work.

- In 4.1.1 there is an extra info on the procedure on dealing with “claimants who are unfit to be seen”, and at 4.3 there is an extra section on checking claimants’ proof of ID.