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ESA assessment and complaint to Atos
- Windhover-rga
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12 years 2 months ago - 12 years 2 months ago #101542 by Windhover-rga
ESA assessment and complaint to Atos was created by Windhover-rga
I act on behalf of my daughter who suffers from ME/CFS, for the past few years she has received DLA at the higher rate for mobility and the lower rate for care. For the past 3 years she attended Uni and passed her BA, whilst at Uni she received DSA and a full time note taker. As she is unable to work the Uni suggested she took an MA but does not receive any DSA, the the Uni only provides a full time note taker and the family have to pay her fees to attend the Uni some £6k. The Job Centre suggested she applies for ESA which was granted in July 2012 when the ESA 50 was returned we enclosed a letter from her consultant confirming that she was diagnosed with CFS/ME. In the past 9 months my daughters GP has signed her off as being unfit for work and will continue to do so whilst she has ME. All this seems not to matter to Atos that in the end I raised a complaint with them and then requested that it be escallated to a Manager, this I was assured was done in December. Since that time I have heard nothing from Atos only to call my daughter to an assessment. This was called off by the Doctor at the assesementtoday because of the complaint being ignored and the evidence presented from the Consultant and the GP sick notes. We left the assessment centre unsure as to what will happen next, the Doctor herself did not know, has anyone else ever had this happen to them.
My MP is fiully aware of the situation but seems to offer no solution.
My MP is fiully aware of the situation but seems to offer no solution.
Last edit: 12 years 2 months ago by Gordon.
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12 years 2 months ago #101560 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA assessment and complaint to Atos
Windhover-rga
I am aware that the forum has just closed, so you will not be able to reply to the following until this evening's session at the earliest.
It is not entirely clear from your post as to what has been happening with your daughter's claim, perhaps you could confirm the following.
She applied for ESA in July 2012 and completed and returned an ESA50, she continues to send the DWP Fit Notes.
You say that she has been called for an assessment, so I am assuming that this has not happened prior to this, e.g. this was not in connection with a re-assessment.
This being the case, then yes, this is unusual. Whilst there is no required timescale for ATOS to carry out a face to face assessment, assuming that one has been deemed to be needed, I would expect this process to have been completed in no more than three months for the vast majority of claimants.
As you already have made a complaint to ATOS, there is little more that you can do from this direction.
You can try making a complaint to the DWP, however, their usual stance is that this process lies with ATOS and therefore they cannot interfere.
Complaining to the DWP
It is certainly worth you contacting your MP, whilst they cannot interfere in the process, their involvement does often result in problems dissolving and matters being expedited.
Contacting your MP
If you have further questions, or my assumptions are incorrect, then please reply to this post when the forum is open again.
Gordon
I am aware that the forum has just closed, so you will not be able to reply to the following until this evening's session at the earliest.
It is not entirely clear from your post as to what has been happening with your daughter's claim, perhaps you could confirm the following.
She applied for ESA in July 2012 and completed and returned an ESA50, she continues to send the DWP Fit Notes.
You say that she has been called for an assessment, so I am assuming that this has not happened prior to this, e.g. this was not in connection with a re-assessment.
This being the case, then yes, this is unusual. Whilst there is no required timescale for ATOS to carry out a face to face assessment, assuming that one has been deemed to be needed, I would expect this process to have been completed in no more than three months for the vast majority of claimants.
As you already have made a complaint to ATOS, there is little more that you can do from this direction.
You can try making a complaint to the DWP, however, their usual stance is that this process lies with ATOS and therefore they cannot interfere.
Complaining to the DWP
It is certainly worth you contacting your MP, whilst they cannot interfere in the process, their involvement does often result in problems dissolving and matters being expedited.
Contacting your MP
If you have further questions, or my assumptions are incorrect, then please reply to this post when the forum is open again.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Windhover-rga
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12 years 2 months ago - 12 years 2 months ago #101641 by Windhover-rga
Replied by Windhover-rga on topic ESA assessment and complaint to Atos
Further to the reply from Gordon and to clarify, when the EB50 was completed it was noted on the form that because of the regime in place to try and cope with ME my daughter could not attend in the morning and because of her University course she could not attend for assessments on a Wednesday or Thursday.
The first appointment was made on a Thursday! which was cancelled the second was set for a Wednesday in the morning, again cancelled. The third appointment was cancelled by Atos because no recording equipment was available. The fourth attempt was yesterday when the Doctor would not undertake the assessment because of the outstanding complaint and the letter from my daughters consultant and the sick notes from her GP.
My MP is aware of the situation but seems unable to achieve anything.
One of my complaints against Atos is that are making silent telephone calls, we have received at least 8 calls with no message left on the answerphone. When I tackled them about this they told me that the DWP had told them not to leave messages on anwerphones, they donot seem to care that this is an illegal practice.
It seems to me pointless making complaints against Atos as they just seem to ignore them.
Therefore I am asking my MP to contact the Minister for Employment who is responsible for DWP to intervene and try and get my complaint dealt with.
Any feed back will be gratefully received.
The first appointment was made on a Thursday! which was cancelled the second was set for a Wednesday in the morning, again cancelled. The third appointment was cancelled by Atos because no recording equipment was available. The fourth attempt was yesterday when the Doctor would not undertake the assessment because of the outstanding complaint and the letter from my daughters consultant and the sick notes from her GP.
My MP is aware of the situation but seems unable to achieve anything.
One of my complaints against Atos is that are making silent telephone calls, we have received at least 8 calls with no message left on the answerphone. When I tackled them about this they told me that the DWP had told them not to leave messages on anwerphones, they donot seem to care that this is an illegal practice.
It seems to me pointless making complaints against Atos as they just seem to ignore them.
Therefore I am asking my MP to contact the Minister for Employment who is responsible for DWP to intervene and try and get my complaint dealt with.
Any feed back will be gratefully received.
Last edit: 12 years 2 months ago by . Reason: Tick.
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12 years 2 months ago #101645 by Gordon
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Replied by Gordon on topic ESA assessment and complaint to Atos
Windhover-rga
Thank you for clarifying your original post.
I am afraid that there is little if anything I can advise that you are not already doing.
However, I am still confused as to why yesterday's medical was cancelled by the doctor, perhaps it is related to an ATOS internal procedure, but nothing you have posted would suggest a good reason not to have continued with the assessment, your complaint is not in regard to the content of the assessment, but it's scheduling.
Unless I am missing something in regard to this, I would be tempted to make a new complaint in regard to the failure to hold the assessment.
Gordon
Thank you for clarifying your original post.
I am afraid that there is little if anything I can advise that you are not already doing.
However, I am still confused as to why yesterday's medical was cancelled by the doctor, perhaps it is related to an ATOS internal procedure, but nothing you have posted would suggest a good reason not to have continued with the assessment, your complaint is not in regard to the content of the assessment, but it's scheduling.
Unless I am missing something in regard to this, I would be tempted to make a new complaint in regard to the failure to hold the assessment.
Gordon
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- Windhover-rga
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12 years 2 months ago - 12 years 2 months ago #101680 by Windhover-rga
Replied by Windhover-rga on topic ESA assessment and complaint to Atos
Dear Gordon
Sorry I have not been clear in my post.
Before the assessment began I said to the Doctor that I did not see the need for an assessment as a Consultant had dianosed my daughters condition and her GP was confirming that she was unfit for work and would continue to do so whilst she had ME at the state it was at the moment. Plus part of my complaint to Atos was that an assessment was a complete waste of time bearing in mind the letter from the Consultant and the unfit for work notes from the GP.
The Doctor undertaking the assessment agreed and said she would have have to contact her manager for clarification. When she returned her manager had said that my daughter could chose whether or not to have the assessment, which she chose not to, and he would investigate why the complaint had not been dealt with and why an assessment was needed because of the evidence already presented.
I do not think it would be worth while complaining about the assessment not taking place as it was my daughter who chose not to go ahead with it, but it reinforces my complaint about not needing an assessment
Trusting this clearer!
Robert
Sorry I have not been clear in my post.
Before the assessment began I said to the Doctor that I did not see the need for an assessment as a Consultant had dianosed my daughters condition and her GP was confirming that she was unfit for work and would continue to do so whilst she had ME at the state it was at the moment. Plus part of my complaint to Atos was that an assessment was a complete waste of time bearing in mind the letter from the Consultant and the unfit for work notes from the GP.
The Doctor undertaking the assessment agreed and said she would have have to contact her manager for clarification. When she returned her manager had said that my daughter could chose whether or not to have the assessment, which she chose not to, and he would investigate why the complaint had not been dealt with and why an assessment was needed because of the evidence already presented.
I do not think it would be worth while complaining about the assessment not taking place as it was my daughter who chose not to go ahead with it, but it reinforces my complaint about not needing an assessment
Trusting this clearer!
Robert
Last edit: 12 years 2 months ago by Gordon.
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12 years 2 months ago #101684 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA assessment and complaint to Atos
Windhover-rga
You will have to forgive me, but based on your comments, I am concerned that you do not fully understand how the ESA legislation operates.
ESA does not test a claimants ability to work, although the result the of the test is a determination of their capability to work.
Rather it tests 17 areas of a claimants capability, and if the claimant scores sufficient points across those questions, they will be determined to have limited capability for work and placed in the WRAG, or if they have sufficient dis-function to meet one or more of the descriptors for the Support Group, they will be placed in that group.
As a rule, a statement by a GP or even a consultant that the claimant is not capable of work, unless it directly addresses one or more of the descriptors, will be of little value, and will not lead to an award of ESA.
Whilst it is possible for an assessment to be cancelled as a result of additional evidence being provided that shows that it is not required, this determination is wholely the responsibility of ATOS, I am afraid that your protestations or even those of her GP or Consultant will have no effect, and if this is at the heart of your complaints to ATOS, I think it very unlikely that they will lead to a satisfactory conclusion.
I would also urge some caution in your dealings with ATOS on this matter, the legislation allows ATOS to return your daughters file to the DWP if they believe that there has been a failure to attend or to participate in the assessment, which can lead to the claim being closed. Whilst this is an appealable Decision if Good Cause can be shown, I do not believe that your belief that the assessment is not required would be accepted as such.
Gordon
You will have to forgive me, but based on your comments, I am concerned that you do not fully understand how the ESA legislation operates.
ESA does not test a claimants ability to work, although the result the of the test is a determination of their capability to work.
Rather it tests 17 areas of a claimants capability, and if the claimant scores sufficient points across those questions, they will be determined to have limited capability for work and placed in the WRAG, or if they have sufficient dis-function to meet one or more of the descriptors for the Support Group, they will be placed in that group.
As a rule, a statement by a GP or even a consultant that the claimant is not capable of work, unless it directly addresses one or more of the descriptors, will be of little value, and will not lead to an award of ESA.
Whilst it is possible for an assessment to be cancelled as a result of additional evidence being provided that shows that it is not required, this determination is wholely the responsibility of ATOS, I am afraid that your protestations or even those of her GP or Consultant will have no effect, and if this is at the heart of your complaints to ATOS, I think it very unlikely that they will lead to a satisfactory conclusion.
I would also urge some caution in your dealings with ATOS on this matter, the legislation allows ATOS to return your daughters file to the DWP if they believe that there has been a failure to attend or to participate in the assessment, which can lead to the claim being closed. Whilst this is an appealable Decision if Good Cause can be shown, I do not believe that your belief that the assessment is not required would be accepted as such.
Gordon
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