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365 day rule and still no assessment date
- cossack
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11 years 3 weeks ago - 11 years 3 weeks ago #120471 by cossack
365 day rule and still no assessment date was created by cossack
Hi,
Have posted before on here and took B/W advice about getting my MP's help about waiting for an assessment. He was great, wrote on my behalf to my local job centre very quickly. The job centre said they have no control over ATOS and because I was in receipt of a teacher's pension when my ESA stops in July 2014, I wont be penniless and still have an income coming in, albeit a small amount, they wouldn't get involved and chase ATOS.
My question is - if my money stops in 3 months time and I'm still awaiting an assessment, what if anything can I do? What's my course of redress if anything?
I know I'm more fortunate that some people claiming but the system is so unfair and unjust.
I thought ATOS won their contract on the basis that they're working for the DWP/Govtn and not the other way round.
Have posted before on here and took B/W advice about getting my MP's help about waiting for an assessment. He was great, wrote on my behalf to my local job centre very quickly. The job centre said they have no control over ATOS and because I was in receipt of a teacher's pension when my ESA stops in July 2014, I wont be penniless and still have an income coming in, albeit a small amount, they wouldn't get involved and chase ATOS.
My question is - if my money stops in 3 months time and I'm still awaiting an assessment, what if anything can I do? What's my course of redress if anything?
I know I'm more fortunate that some people claiming but the system is so unfair and unjust.
I thought ATOS won their contract on the basis that they're working for the DWP/Govtn and not the other way round.
Last edit: 11 years 3 weeks ago by Gordon.
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11 years 3 weeks ago #120474 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 365 day rule and still no assessment date
Cossack
To be honest there is little that you can do.
There is no defined timescale in the legislation in which an assessment must be completed so the options for redress are extremely limited.
The problem is that there are so many claimants waiting that it is virtually impossible for an MP to have any effect on your position in the queue.
You can make a formal complaint to both the DWP and ATOS
Complaining to the DWP
Complaining to ATOS Healthcare
but my suspicion is that they will be very cautious of offering "compensation" for a delayed assessment as it will have the potential to open the flood gates to them.
Gordon
To be honest there is little that you can do.
There is no defined timescale in the legislation in which an assessment must be completed so the options for redress are extremely limited.
The problem is that there are so many claimants waiting that it is virtually impossible for an MP to have any effect on your position in the queue.
You can make a formal complaint to both the DWP and ATOS
Complaining to the DWP
Complaining to ATOS Healthcare
but my suspicion is that they will be very cautious of offering "compensation" for a delayed assessment as it will have the potential to open the flood gates to them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 3 weeks ago #120478 by cossack
Replied by cossack on topic 365 day rule and still no assessment date
Thank you for your extremely quick response, and again I feared what your answer would be. I'm not interested in compensation at all, just want to be assessed. Might be tempted to make a formal complaint come July time because to be perfectly honest, don't believe ATOS staff who tell me that I MIGHT be assessed before July when my money stops. Yeah, and hell might freeze over before July as well!!!! Will look at your guide on making a formal complaint. thanks again
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