ESA appeal

[QuestUK]

I have one month to lodge my ESA appeal from July 24th. I have an appointment with a CAB advisor next Friday. Would you recommend me sending the GL24 now or wait until I see the CAB advisor who can help me with the GL24 form has I am unsure what to write. I am asking becuase I don't know how long it takes for the DWP to receive the GL24 forms.

[leemack]

I assume that CAB have the same facility as our agency had, which is to be able to fax GL24's to the DWP. So I think you should be OK to wait until next Friday to get advice on what to write.

 

Have you requested your ATOS report from the DWP yet? This will help you make your case to the Tribunal. Until then, you can only write general things on the GL24 anyway.

[QuestUK]

Thanks for your advice Lee. I was unaware that the CAB could fax the GL24 form. Is the ATOS report the medical report? If so I called the DWP last Friday and the report should arrive early this week.

[leemack]

Yes the ATOS report is the 'medical' report, though we try not to call it that here, as its certainly not a medical under any reasonable interpretation - as you've found out. Best to be somewhere away from people when you first read the report - loud expletives are a common side effect from the subject reading it.

 

Even if the CAB wouldn't fax it, there would be nothing to stop you phoning the DWP and requesting the fax number, and then faxing it yourself from a faxing facility (or your own fax).

[ianheadland]

Hi Lee...I hope you are feeling somewhat better now. It is never nice being unwell. I hope you don't mind if I ask you this question. I do appreciate all your assistance and feedback.

 

I have my ATOS ESA50 to complete again for the beginning of Sept. Is it acceptable for me to request a copy of the previous ATOS reprt on me from last February? It would be interesting to see what was logged about me as I wish to provide some consistency to my next submission. My circumstances haven't changed except that I am now receiving mental health counselling/CBT which was being waited for last time.

 

I know how hard the ATOS thing was for me last time and I do not want to cast myself in an uncertain light. You know how devious these ATOS people can be.

 

If it is OK to ask for it, how long should it take to send?

[leemack]

Hi Ian, yes you can request a copy of the previous report, however, it may take some time to get to you. I'm not sure if people have more trouble getting older reports, but even a recent report can take 1-4 weeks to arrive.

 

Just to keep those who are waiting, updated, the first part of the ESA50 guide (physical health) has been written and will be passed to the site team for approval today. The second part (mental health section) should be ready in week or so.

[ianheadland]

thank you Lee...your words and advice are always most kind. I shall keep an eye on the site for the mental health section. Will try the DWP to get a copy of the ATOS report.

 

kind regards again

 

Ian

[ianheadland]

Just a quick update Lee, I spoke to the DWP and a very nice advisor said she would place a copy of the ATOS report in the post today, 2nd class but still that is much quicker than I would have expected. Fingers crossed it arrives quickly.

[leemack]

Sounds good, Ian. Helps that the reports are computerised - no need to wait for your file to be shipped back from storage any more.

[HadEnough]

Hi, I've just taken this from a post made by Mike Bach,,,

 

2. A qualified medical advisor MUST decide whether a face to face assessment is necessary. Qualified means being a specialist in the particular medical condition or has contacted the patient's GP or Consultant. Ask in writing for the medical condition and point out that you may want to refer the matter to the GMC.

 

2. If a face to face assessment is required then it MUST be undertaken by a qualified medical advisor as above. I define the medical conditions as set out in the Contract between the DWP and Atos. If the medical advisor is not qualified as specified in the Contract then this is a serious assault. The police should be called. Most Atos medical advisors will back away if they know that their patient is familiar with the Contract.

 

3. It is best to insist that any assessment should be a domicilliary visit (at your home). The medical reason is to reduce stress on the patient. Don't waste the time of your GP to justify this, ask Atos to write their medical reasons and point out that you may want to refer the matter to the GMC.

Atos would have to write explaining why making you travel miles is medically good for you as a patient. This is why they prefer you to talk to your GP. It costs them less. DWP pay Atos for medical advice. The DWP does not pay your GP.

 

What I did was a little more crude than the above post but it amounts to the same thing.

In the first box on the ESA50, it says something like "are there any special conditions needed if a medical is advised". Among other non-publishable comments I made I said something like,,,

"I insist that any decision made based on this form be made in accordance with the contract between the DWP and ATOS, as well as various statutes and regulations, I will require proof of the qualification and experience of said DM. If it is decided that i need a "medical" the same is required" other something similar.

I don't know what your claiming for but if it's for mental health reason have a read of my (short) thread http://www.consumeractiongroup.co.uk/forum/showthread.php?299954-Ding-Ding-ATOS-round-2.