ESA - don't give up!

[medsec]

I haven't been on here for a while, but I thought I'd let you know that, thanks to the Stroke Association, I got my MP involved in my ESA dispute and today I finally got a letter from him with a copy of the reply from Atos Healthcare: I actually got AN APOLOGY! (Background history is that I had a brain haemorrhage and brain surgery in Feb whilst temping so therefore had no income. I was given ESA but then attended medical and got zero points despite cognitive issues and crippling post-stroke fatigue. We also queried whether the decision to send me for a medical was taken by an admin person or medical practitioner).

 

Here is the text of the letter with interesting bits in bold!

 

"Jobcentre Plus in xxx forwarded a copy of your letter to them on 8 Oct 2010 together with correspondence from Ms medsec. On receipt I immediately commenced an investigation into the concerns raised relating to Ms medsec's medical assessment for ESA held at xxx on 22 June 2010.

 

In respect of the guidelines, I can confirm that consideration is given to each referral from Jobcentre Plus, to decide whether a medical assessment is required in accordance with ESA legislation. The decision to ask Ms medsec to attend for an assessment was made by a healthcare professional, as only those people with the most severe physical or mental restrictions are placed into the support group and do not have an assessment for ESA.

 

However, as a result of our investigation I have advised Jobcentre Plus that the medical report provided on 22 June has not been completed appropriately. It should have contained a record of cognitive testing and also taken more account of the fatigue experienced by Ms medsec. Jobcentre Plus decide entitlement to benefit based on all available evidence and they will now consider how our investigation impacts on the benefit claim and whether a further medical assessment is required. If Ms medsec wishes to discuss the claim with them she can call 0845....

 

Our Medical Manager will provide additional training to the examining doctor to ensure all future work is in accordance with professional standards.

 

I sincerely apologise on behalf of Atos Healthcare for the deficiencies identified within this medical report and for upset caused to Ms medsec by the delay in starting the assessment. (this relates to the TWO HOUR wait I had to endure at the medical!!)

 

Yours sincerely...."

 

So, good news but as my partner says, it's disgusting that we have had to go to these lengths. The squeaky wheel gets the oil: I'm lucky I have had support to do this as in my current state I would have just given up at the first hurdle. Oh but that would have just "proved that I was faking it", as the media say....

[honeybee13]

Crikey, I think that's the first Atos apology I've heard of. I'm pleased you got it sorted, but as always am depressed about the lengths deserving people have to go to in order to receive what they're entitled to.

 

I hope your health improves soon. Thank you for writing all this.

 

My best, HB

[ErikaPNP]

Well, good for you for taking it further. It's not fair that you have to take it further; it shouldn't get to that stage but things can only change when people get pro-active. Unfortunately for many - and particularly those on ESA - their conditions can mean that the strain of taking further action will only exacerbate their conditions. There are of course also those who could take it further but choose not to as they feel that it won't yeild any result whatsoever. But they don't appreciate that doing nothing means nothing will alter .If you are able to take it further - please do.

 

Take encouragement from medsec's thread. If there is cause to complain and you are able to, or have the support to do so - complain, complain, complain!

 

Well done.

[medsec]

Just a little update. I got a letter last week stating that I no longer needed to attend a tribunal as my decision had been revised in my favour. This week I got the back pay - 7 months worth of it! Thank goodness,as we nearly lost the house, my relationship is creaking under the strain, and we've been living on the poverty line since my unforeseen and sudden illness 11 months ago.

 

I hate that it took all this to get the right (for me) decision, but it shows that it is possible! I don't know when I'll be able to work again. I'll never be an Executive PA again (after 30 years of it) and although I've been offered some typing at the local hospital, I still don't know if I'm up to it physically as I still have to spend a day in bed when I overdo it two days running..... And when I say overdo it, I mean go to the shops or something!!

 

For me, what seems to have clinched it is 1) the involvement of my (Tory) MP and 2) a very detailed report from the stroke rehab psychologist.