ESA decision made without medical reports

[stalin's dead]

I failed my recent ESA medical and this is what they said:

 

'You scored 0 points using the information from@

 

- The questionnaire you filled in recently

-the report of the medical assessment you had on xx/xx/xxxx'

 

ie they did not even request a medical report from my GP or Neurologist. they say I have not had more than one fit in the last 6 months. this is a total and blatant lie, fabrication and assertion in direct contradiction of the evidence and what i told them.

 

can ATOS/DWP make a decision in 4 working days and without seeing my medical reports? Is this decision valid even though they haven't seen reports form my GP and Neurologist?

 

Who can I complain to?

 

thanks

 

 

sd

[reallymadwoman]

I believe that DWP are not required to request medical evidence in addition to the assessment by ATOS. I believe you now have to appeal, but hopefully someone will be along soon with specific advice.

[honeybee13]

Hello again. I'm really sorry to hear that.

 

Sadly, this is pretty normal for the system and no-one here agrees with it, as you've probably read on the forum. I don't know what the others think, but I would be inclined to use the GL24 to appeal this.

 

Do you have supporting information from your GP or neurologist in writing, or would they be prepared to write?

 

I know you feel like complaining, but I'm not sure where this would get you. Hopefully someone else will comment.

 

My best, HB

 

PS My sticky has information on appeals, but you will probably have other questions for us.

Edited August 5, 2010 by honeybee13
PS

[happyhamr]

hellow stalins dead:)

 

this how they get you:mad:

 

they do not take any of your proper evidence into account.(your gp/ nerologist/ consultant opinion is "irrelevant")

 

dwp/atos are basically "crap ing" on them, and proper "qualfied " doctors are letting/ seem to be letting this continue:rolleyes: The reasons "WHY", this is, i do not know.(any qualified gps/consultants want to "answer" this.

 

its feels like to me,1 their not bothered, concearned ,intrested:rolleyes:

2-they might in someway , have been " told to stay quiet" .........who knows.

 

on your esa50 form (questionaire), did you put info on it regarding your

gps/nerologist details who have been treating you.

 

I also got 0 points(thats nothing new on here, , a lot of us in the "same boat"

 

you will get help/ advice and support on here:)

cheers happyhamr

[stalin's dead]

hh

 

yes, on the ESA50 I wrote down my GP and Neurologist but it seems they have not requested reports from them.

 

The ATOS medical 'person' who took the medical was obviously NOT professionally qualified. He was quite simply pathetic.

 

He had no idea what a grand mal seizure was because I asked him and he couldnt answer! What a pillock!!

 

It is quite obvious they are, as a matter of policy, failing as many as possible irrespective of the evidence

 

On my last medical I got 15 points (prior to the new Lib-Con govt) and after the election of Cameron etc and without any change in my condition I got 0 points. Explain that to me cos I cant understand. Two different decisions based on the same evidence.

 

Already asked DWP for GL24 and the medical report and will complete and submit asap.

 

good luck

[happyhamr]

absolutely on your side stalins dead:-)

 

The reasons why they fail so many people is to save money.

 

you get 0 points, you appeal so you get the £65(saving them all them extra £25,,,,they would have to pay out if you got the "magical" 15 points:rolleyes:

 

remember at this stage a lot of people do not appeal ,because 1- they can not be bothered to go through this process (to ill / sick and tired)2more form filling.(just had enough ,no fight left)

3 - people will just go back on JSA(basic rate)(limited time only ,then your

benifit would cease) 4- if you appeal the decision , you will continue to get paid at the assessment rate untill your appeal is heard,(whenever:rolleyes:)

 

if you think about it , if the dwp/atos let your gps/ consultants evidence

into the initial medical assessment s , many, many more people would get the 15 points "required"., plus get the extra monies(£25....)they should be getting(entitled)(rightly so)

 

they dont let this happen to save all those £25 pounds (IMO:))

 

ANY GPS/ CONSULTANTS "feel free"

 

cheers happyhamr:)

 

they will not of asked for reports from your gps/ consultants:rolleyes:

 

also your questionaire, might not of even been read,(imo),,,.

 

if these people have any decency and common sense, your esa50 like many others should be "acted" upon, but i fear this is not the case,

 

"SADLY",,,,,,,,,,, happyhamr:(

[wishface]

Disgraceful.

 

Surely a report to the BMA? This cannot be allowed. These untrained idiots have got to be removed. Imagine the outcry from middle england if when taking little Tamara to the doctors to check out her cough the doctor admits to being untrained.

 

But when it's benefit claimants no one cares.

 

That's not a chip on my shoulder, that's how it seems to be.

[stalin's dead]

it's very difficult to fight the system which explains why many 'play the system'!

 

there are many genuine claimants and in fact we all believe ourselves to be 'genuine and honest claimants' but there are many who 'swing the lead'. I know it happens regularly so ATOS/DWP have a difficult job sometimes

 

I believe the Govt do not trust GP's to be objective and unbiased. I suspect the govt also believe GP's can be put under pressure by their patients (whom they have known for years) to compose biased reports etc and so ATOS/DWP now simply ignore them

[happyhamr]

hellow:)

 

surely by looking/ reading, reviewing your esa50 form(which should be done) , then the dwp /atos person should do some "initial" ground work by getting in touch with your gp/consultant before your actual medical. THEY

could confirm your history(stalins , case in point:rolleyes:) 15 points last time, this time 0:rolleyes: . "simple phone call" "simple fax " from gp/ doctor.

"simple e mail" then maybe stalins dead you might of got the "illusive"15 points.

 

probably like to much of a effort.(dwp/ atos)

 

you never know, 1 day your wife,husband,mum, dad , son or daughter might be seriously ill or sick. "think on"

 

happyhamr:-)

[RaeUK]

The problem is that the DWP do not trust GPs [weird!] and automatically assume they are biased to the patient. It is in the DWPs regulations to accept the word of ATOSH health [un]professionals above that of a GP. This, I presume, is why GPs are never contacted - and they're pretty peed off about this attitude from the DWP.

We can complain 'til the cows come home that unqualified ATOSH buffoons shouldn't be examining us. Unfortunately, the counter argument is that these are not 'medicals' at all but 'work capability assessments' to see what you can do not what is wrong with you. A pretty neat slight of hand imo...

Best wishes

Rae