Esa - wrag

[aj67]

Hi

A couple of moths ago I went through the 'medical assessment' at ATOS and have found out I've been placed in WRAG.

Now I wonder about if this so-called assessment was in accordance to 'contract' with DWP.

 

In the leaflet that came with the form it states : 'All their (ATOS) healthcare professionals have a wide medical experience. They also have special training to carry out your type of medical assessment'.

A short medical history: last year I had four operations and underwent cancer treatment of my tonsil. One of my operations my neck muscle and lymph nodes were taken out and a nerve severed.

After the last operations I started my radiotherapy which has left my mouth without saliva and the side of my tongue numb. I also have not much use of my right arm and have to use my left for lifting, carrying etc.. I also have problem with personal care such as washing my hair. The treatment has also left me fatigued.

Had my last treatment last August.

 

During the 'medical' the 'GP' stated he had only seen one case of tonsil cancer during his 50 year 'career' and asked me if there were many cases of this cancer.

He also stated, in a arrogant manner, 'you have no problem walking'.

 

I expected to me seen by someone with 'special training' but it seems that I was just seen by a GP and to be honest not even my own GP know much about my cancer but at least he knows me a lot better than any outsider.

 

I am now going to obtain a copy of my medical and see what he's written and wonder..

in the statement made by DWP (being seen by someone with 'special training') as I wasn't seen by a special trained person, just a GP, can I say my medical is void.

 

Is it a 'breach of contract'?

 

Sorry to ramble on but it seems to me that the whole DWP and ATOS is a shamble and ruin peoples life..

[Merton]

in the statement made by DWP (being seen by someone with 'special training') as I wasn't seen by a special trained person, just a GP, can I say my medical is void.

 

Is it a 'breach of contract'?

Unfortunately not, because the WCA is just that - a work capability assessment - and not really a "medical" at all.

 

ATOS are not concerned with your diagnosis, but only with what you can and can't do.

 

To appeal against the decision (within one month) you need to Google the support group descriptors and see which, if any, apply to your condition, as that's all that matters to ATOS.

 

Sorry, it's a very harsh system.

[aj67]

Thanks Merton

 

After I posted I went to my GP and asked if ATOS had requested a copy of my medical condition, which I was told they would, and the answer was no. I think this odd.

 

I then phoned JCP to get hold of a copy of the medical report and had a long conversation with one of the assessor. She said it was strange they had not obtain a copy and advised me to appeal.

 

She said as the appeal is regarding the group I've been placed in, I would still get the same amount of money as I had already been granted ESA. (I've read that if you appeal your benefit goes down to basic).

 

Just have to wait and see what the report states..a lot of lies no doubt.

[Merton]

Many people are experiencing problems and long delays when it comes to getting a copy of their WCA report.

 

The important thing is to get a GL24 form from your local jobcentre and lodge an appeal within one month of being notified of the WRAG decision, stating that you will send additional evidence after you've received your medical report.

 

There's a small risk that appealing may cause you to lose even your WRAG status, but I think it most unlikely in your case.

[Nystagmite]

She said as the appeal is regarding the group I've been placed in, I would still get the same amount of money as I had already been granted ESA. (I've read that if you appeal your benefit goes down to basic).

 

Those people were denied ESA full stop. You haven't been denied ESA.