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Medical assessment date received - coincidence?

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10 years 8 months ago #124905 by Scarab
I was on IB from Nov 2001 to Oct 2011 when I was switched to ESA Support.
I completed an ESA50 and it arrived at ATOS on 24th July 2013. Apart from a call I made to the DWP a few days later I had heard nothing since then, so on 17th Sept (2 days ago) I thought I'd contact the DWP to see if there had been any update to my file since that time, there had not.
Lo and behold today I received notification for 2 weeks hence of an assessment with ATOS, the date of the letter being 17th Sept, posted 1st class it seems on 18th Sept to arrive today.
This is just too much of a coincidence and it is now my belief that contact with either the DWP or ATOS will trigger action on your case!
Also it is for a Saturday for the 1st time so it looks as if they are cramming medicals in before Jan to maximise their fees!
I have actually had 3 face to face assessments and 2 paper assessments in total since 2001 and have to date not had to face any kind of appeal, my situation mental health wise is as bad as ever and I was wondering what the likeiihood would be of me failing this time round now that ATOS are quitting, would they have to prove my medical condition has improved?
Any thoughts would be welcome, thanks.

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10 years 8 months ago #124910 by Gordon
Scarab

It is not impossible that your call resulted in your file being put at the top of the file, but if ATOS have decided that you require a face to face then this was only a question of sooner or later.

The first thing to say is that the ESA assessment is very different from the IB so I don't think you can draw any conclusions from those IB assessments as to how one for ESA will go. Did you have an assessment when you were transferred from IB?

If your conditions have not changed, or indeed have deteriorated since you were placed in the Support Group then the Decision Maker will have to offer some justification as to why they might decide that a lower award is now correct. You do need to be aware that there have been changes to the ESA Descriptors and Regulations since you were originally assessed which may affect your SG status.

Ultimately, it will be depend on what your limitations are in regard to the SG Descriptors and how these are viewed by the ATOS assessor and the DWP Decision Maker. If it helps, I do not see the fact that ATOS are withdrawing from the ESA contract as a factor.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 8 months ago #124916 by Scarab
Thanks Gordon.
Yes I had a face to face in August 2011 and when I called to check in Oct 2011 they said a decision had just been reached for the SG for 2 years and that they'd had a choice apparently on WRAG or SG which baffled me, was ATOS unsure maybe, guess I should have obtained the ESA85 at the time but decided to let sleeping dogs etc
I'm apprehensive to say the least about this medical as I was very detailed on the ESA50 returned last July 2013 (usually I just scramble a few passages together in a mental rush) and they still can't make a decision it seems, though I appreciate it's been 14 months since that time.
I'll keep you advised of my progress, I have a feeling I'm going to be using your excellent process guides on this occasion, it always feels better to know that you are not alone and is one reason why I am such an avid fan of this site, regards J.

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10 years 8 months ago #124918 by Gordon
Scarab

If your conditions have changed since you completed the ESA50 then you are entitled to provide updated information, you should take this to the assessment and ask the assessor to read it before continuing with the interview.

If there is time you can send it to ATOS, if significant then there is still time for them to decide that an assessment is not required and that they can make a recommendation based on your documentation.

In either case, we recommend you send a copy to the DWP office that deals with your ESA, marked for the attention of the "Decision Maker". See

Sending Documents to the DWP or ATOS

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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