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ESA assessment and complaint to Atos
- Windhover-rga
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12 years 2 months ago #101719 by Windhover-rga
Replied by Windhover-rga on topic ESA assessment and complaint to Atos
Gordon
I did post an answer last night but it does not appear on the forum? Has it been received?
Robert
I did post an answer last night but it does not appear on the forum? Has it been received?
Robert
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12 years 2 months ago #101721 by Gordon
I am guessing it was not, it was close to closing time when I replied.
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 wrote: Gordon
I did post an answer last night but it does not appear on the forum? Has it been received?
Robert
I am guessing it was not, it was close to closing time when I replied.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 2 months ago #101722 by Windhover-rga
Replied by Windhover-rga on topic ESA assessment and complaint to Atos
Gordon
There seems to be a problem as I tried to post a reply but nothing was confirmed, what I was asking was whether or not the post I made last night has reached you because there is nothing on the forum
Robert
There seems to be a problem as I tried to post a reply but nothing was confirmed, what I was asking was whether or not the post I made last night has reached you because there is nothing on the forum
Robert
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12 years 2 months ago #101723 by Gordon
Even if the system has allowed you to create a reply, it will not submit it if the forum is closed, it does post a message, but it is easy to miss it.
To be clear, you have no outstanding messages
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 wrote: Gordon
There seems to be a problem as I tried to post a reply but nothing was confirmed, what I was asking was whether or not the post I made last night has reached you because there is nothing on the forum
Robert
Even if the system has allowed you to create a reply, it will not submit it if the forum is closed, it does post a message, but it is easy to miss it.
To be clear, you have no outstanding messages

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 #101727 by Windhover-rga
Replied by Windhover-rga on topic ESA assessment and complaint to Atos
Gordon
As far as my memory allows me my post last night was as follows; You are quite correct I do not fully understand how ESA works all my knowledge has been gained mostly from B&W web site. From what I have gleaned it is possible that when an ESA form is returned to Atos the person concerned can be placed in the support group without being assessed or have I got this wrong?
My complaint against Atos concerns many things, silent telephone calls we have received at least 8 from them. Not abiding by their own complaints procedure, refusing to speak to me regarding my daughters claim when I have been appointed by DWP. Members of Atos staff using threats to have my daughters payments cancelled. When I requested that the complaint be escalated not informing me of the person who is dealing with the matter. Refusing to contact DWP to confirm that I could act on behalf of my daughter and the complete cavalier attitude that I have encounted from members of the Atos staff.
I can not see how Atos can make a case about my daughter not attending as she did attend and was given the opportunity by Atos whether or not to take the assessment. I have pointed out a number of times the letter from the cosultant and the fact that my daughters GP will still be issueing unfit to work notices as long as she still suffers from ME and said that an assessment was a waste of time, at no time have they ever explained why an assessment needs to take place and neither have we refused to attend an assessment. Surely it is reasonable to ask why she needs to attend an assessment and unreasonable to ignore this request.
Any pointers you can give will be gratefully received, I would add that all the appeals and tribunals that I have attended on behalf of my daugfhter and myself for DLA etc would not have been succesfull if it wasn't for the input from the web site.
Robert
As far as my memory allows me my post last night was as follows; You are quite correct I do not fully understand how ESA works all my knowledge has been gained mostly from B&W web site. From what I have gleaned it is possible that when an ESA form is returned to Atos the person concerned can be placed in the support group without being assessed or have I got this wrong?
My complaint against Atos concerns many things, silent telephone calls we have received at least 8 from them. Not abiding by their own complaints procedure, refusing to speak to me regarding my daughters claim when I have been appointed by DWP. Members of Atos staff using threats to have my daughters payments cancelled. When I requested that the complaint be escalated not informing me of the person who is dealing with the matter. Refusing to contact DWP to confirm that I could act on behalf of my daughter and the complete cavalier attitude that I have encounted from members of the Atos staff.
I can not see how Atos can make a case about my daughter not attending as she did attend and was given the opportunity by Atos whether or not to take the assessment. I have pointed out a number of times the letter from the cosultant and the fact that my daughters GP will still be issueing unfit to work notices as long as she still suffers from ME and said that an assessment was a waste of time, at no time have they ever explained why an assessment needs to take place and neither have we refused to attend an assessment. Surely it is reasonable to ask why she needs to attend an assessment and unreasonable to ignore this request.
Any pointers you can give will be gratefully received, I would add that all the appeals and tribunals that I have attended on behalf of my daugfhter and myself for DLA etc would not have been succesfull if it wasn't for the input from the web site.
Robert
Last edit: 12 years 2 months ago by Gordon.
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12 years 2 months ago - 12 years 2 months ago #101729 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
Thanks for posting again.
The situation as whether an assessment is required is as follows.
When the ESA50 and any supporting evidence is received, an ATOS doctor will review the information to decide whether an assessment is required, if they do, then one will be scheduled, this is not an appealable Decision, nor are ATOS required to justify this decision.
If an assessment is mandated then the claimant is required to attend and participate in the interview, any failure to do so, can and often does result in the claim being closed by the DWP, this is an appealable Decision, but can take months to resolve, during which time the claimant is not liable to payment. Believing the assessment is not required would not be accepted as Good Cause for failing to participate.
Do ATOS make mistakes as to when an assessment is required, most definitely yes, but there is nothing that the claimant can do about this, other than to attend as required.
Your daughter's claim will not progress until this requirement is met.
Gordon
Thanks for posting again.
The situation as whether an assessment is required is as follows.
When the ESA50 and any supporting evidence is received, an ATOS doctor will review the information to decide whether an assessment is required, if they do, then one will be scheduled, this is not an appealable Decision, nor are ATOS required to justify this decision.
If an assessment is mandated then the claimant is required to attend and participate in the interview, any failure to do so, can and often does result in the claim being closed by the DWP, this is an appealable Decision, but can take months to resolve, during which time the claimant is not liable to payment. Believing the assessment is not required would not be accepted as Good Cause for failing to participate.
Do ATOS make mistakes as to when an assessment is required, most definitely yes, but there is nothing that the claimant can do about this, other than to attend as required.
Your daughter's claim will not progress until this requirement is met.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 2 months ago by Gordon.
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