- Posts: 9439
update
- deb/l
- Topic Author
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- bro58
deb/l wrote: after being told by atos 2 weeks ago my esa claim was being worked on after having it for 6 months, phoned them today for an update, was told my esa50 was recived . and had not moved forward at all, I am now at a lose for word over this, im at the hospital tomorrow and will pay to have all my notes copied so I have them if I need them, I think I might go and see a solicitor I have been lied to as they said last time I phoned it was being worked on and I will hear in due course
Hi d/l,
Recently, many of our members are suffering longer than expected delays in receiving a decision on their ESA WCA.
As there is no stipulated time limit for ATOS to assess you and make recommendations, there would be little that you could do.
Of course, the time that you have waited, and the way that you have been treated is totally unacceptable.
If you receive an adverse decision, as the information will have been with them for over 6 months, you may be able to argue that it is not current to your conditions and limitations, if that was the case.
Your M.P. may be able to move things along :
Contacting your MP
Or you could make an official written complaint to ATOS, and escalate it to a Manager if you are not getting anywhere :
Complaining to ATOS Healthcare
ATOS Complaints Procedure Guide
You cannot rely on telephone contact having any meaningful effect on the situation, I'm afraid.
bro58
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- deb/l
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- bro58
I am sorry to hear this !!

You might want to consider :
Using The PDF Version Of The ESA50 Questionnaire
Whilst referring to the guides under the heading of "New ESA50 form"
On this page :
ESA Claims Guides
See also :
How long do I have to complete the ESA50?
ESA50 too big for the envelope
&
Sending Documents to the DWP or ATOS
Good Luck !!!

bro58
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- slugsta
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
As ATOS have admitted that they have lost your ESA50, they may be in breach of The Data Protection Act 1998.
You could complain to The ICO if this is the case :
www.ico.org.uk/complaints/handling
I am afraid that you will still have to fill in this ESA50 and return it by the deadline.
bro58
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