ESA - confidentiality and risk

cafbit

Hi from a newbie,

I have just had my WCA face to face assesment and during the interview I disclossed personal information which I thought was confidential but apparently NOT... The assesor phoned my doctor and made me an appointment to see them that day - against my wishes as she stated she had a duty of care... Im fuming as this was my decision to make..

Anyways my question is if she deemed "substantial risk" to phone my doctor am I likely to remain on ESA, I am doing permitted work at the moment 15 hours but feel I wlll unravel if I am found fit for full time work and then have to attend interviews etc.  As I'm struggling with doing the 15 hours.

I cannot relax, eat or sleep at the moment and the decision isn't available until after christmas so I am going to have to try and act ok around family even though I'm rattled as hell

Thanks in advance for any replies

poppy123456

Hi,

You can make a complaint to the assessment providers about the HCP ringing your GP.

No one on an internet forum can tell you whether or not you'll remain in the group you're currently in or whether you'll be found fit for work.

When doing permitted work, although it's allowed you do have to be careful that the work you do doesn't contradict the reasons for your claim.

Once the report has been returned to DWP you can ring and request a copy to be sent to you. This will give you some idea what the decision is likely to be as they mostly go with the report. Unfortunately there's nothing more you can do until a decision's been made.

Hopefully you won't be waiting too long but expect a longer time frame because of Christmas and the New year.

mikehughescq

Good question. 

Firstly, there are clear circumstances in which information given in confidence has to legally be disclosed. They and you have no say in that but you may want to get advice on the point.

Secondly, the implication of the disclosure would suggest a reg 29/35 risk argument should succeed but as @poppy123456 has already said no-one on a forum can answer that without looking at the whole of your case.