IB to ESA migration

[reallymadwoman]

Apparently DWP have 15 days to deal with my complaint then I can go to the ICE but from experience (a tax credits problem about 4 years ago) the ICE takes almost as long as the FOS. Hopefully going straight to the top with a copy to my MP will solve the problem more quickly.

[Guest]

I agree....fingers crossed here and watching with interest.

[**Margaret**]

:Hi reallymadwoman:

 

On yer marks...... Get set...... Get .

 

N if you need a break for a :rant:we're listening.

 

Margaret n Starryeyes.

Edited April 24, 2013 by **Margaret**

[reallymadwoman]

Complaint has reached 3 pages already, and that's just the section titled 'History'!

 

I still have 'Complaints' and 'What I want the DWP to do' to go, but since I can only type for about 10 minutes max, it may take a while.

[Guest]

Good for you...give it to them big style.

[Nystagmite]

Good luck. Can you get someone to type for you?

[reallymadwoman]

Complaint done and on it's way with a copy to my MP.

 

A thought. ATOS' explanation of what happened over the bogus appointment is probably at least partly a fabrication on the part of the doctor. When (if) I'm proved right over what happened and we go back to the beginning of trying to sort out this assessment, would it be possible or reasonable for me to refuse to be assessed by this particular doctor?

[**Margaret**]

:reallymadwoman:

 

Complaint or essay:?:

 

The Shortcomings of Shatos:?: Discuss:?:

Nah, we'd get .

 

So hope you get 'What I want the DWP to do'

N congrats on finishing the err...... dissertation:?:

 

Margaret.

 

Final letter of complaint from Starryeyes ran to nine sides of A4.

I've just counted 'em!

Edited April 28, 2013 by **Margaret**

[reallymadwoman]

A thought. ATOS' explanation of what happened over the bogus appointment is probably at least partly a fabrication on the part of the doctor. When (if) I'm proved right over what happened and we go back to the beginning of trying to sort out this assessment, would it be possible or reasonable for me to refuse to be assessed by this particular doctor?

 

Anyone have an opinion on this?

 

Also the DWP website says 15 days to deal with a complaint - is that working days or calendar days?

[reallymadwoman]

Coincidence?

 

No response from MP or DWP but I have yet another appointment from ATOS so one presumes DWP have accepted 'good cause'. Nice of them to let me know.

 

 

My assessment will be recorded. I may have to give the HCP a very large wad of paper before we start, which of course they have to read. They will then have to read the updated ESA50 form that we've been working on. By this time I will be unable to sit any longer and will have to go for a lie down.

Once I'm able to sit up again - it usually takes a rest of about 20 minutes - we can start the assessment.

It may be a very long morning. I hope they don't have any other appointments.

 

Actually, I'm hoping they're so bored by the time they get to the ESA50 that the actual assessment will be over in minutes. One look at me plus the three consultants letters which will be on top of the file should be sufficient.

 

Not sure if the surgery five days before is a plus or minus - they might think there's a chance it will improve things instead of just stopping them getting any worse.

Edited May 10, 2013 by reallymadwoman

[**Margaret**]

:Hiya reallymadwoman:

 

Oh, I've plenty of opinions but I doubt Tatos'll share many of 'em!

 

Err ...... Congrats:?: That you're back to square one with the interview:?: It's my personal opinion that pre-emptive action usually helps (eventually) with the good cause bit, and there's certainly nowt lost by trying it.

 

The extended time slot's a new one on me. Personally, I don't think you've to be up and waiting for him/her. Sounds like you need to lie down frequently (even more frequently while you're recovering from surgery ) so I'd do just that and stay put. Your carers can answer the door and supervise the paperwork. Might be one of the shortest interviews on record!

 

Good luck with the surgery, Margaret.

 

(It's fifteen working days)

Edited May 13, 2013 by **Margaret**

[reallymadwoman]

No response to my complaint yet, but I've started preparing for the assessment by printing out the descriptors and highlighting the ones that apply to me. On a conservative read through I score 90 points, including at least 3 support group criteria.

 

I'm wondering how far I need to go with this. Surely if I score 15 points on the first descriptor, which also puts me in the support group, it's pretty pointless doing a comprehensive assessment for the rest of the descriptors especially if my condition is only going to get worse. Would it be reasonable to just concentrate on the first couple of descriptors and be quite brief with the supporting evidence for the rest?

 

Anyone any idea how ATOS view recent surgery and forthcoming consultant appointments for a new condition? Is it likely to make them give a short prognosis in case your condition changes? I'm wondering whether to even mention the surgery or the new condition.

[reallymadwoman]

There is truly steam coming out of my ears!

 

It seems the ATOS doctor has other appointments on the same day as mine and obviously doesn't know how long they will take or even which order they will be done in so cannot possibly narrow down my time slot. Nor can they allow a reasonable time for each appointment and book the next accordingly because then they might finish early and have to hang around for half an hour. Clearly their time is far more precious than mine!

 

I vaguely remember reading about someone who had made a claim against ATOS under the Equality Act - anyone have any more info?

[Guest]

it all sounds very typical of atossers and their messicals...

 

as with the right to recorded assessments etc....is there not a provision for suitable waiting time/rest area i.e. bed, for those whose condition/illness needs it?....if you cannot sit indefinitely or for longer than a short time etc its clearly not acceptable for you to be waiting around like this...I do recall what you mean and am sure its on here somewhere about the equality act...wasn't it a man in a wheelchair who couldn't get in the building or upstairs as no lift?....try an internet search?....someone here will be sure to know and be along soon I should think.

 

I am sure they do all this to provoke...catch out...use any effort we make against us .....bunch of.......unrepeatables!!!!!

[Guest]

when I say....catch out...I don't mean we need to be or can be, as we are only being honest...but anything they could use against us by twisting things, is the way I meant it. The only dodgy ones in this equation are atos and the dwp.

[**Margaret**]

:reallymadwoman:

 

http://disabilitynewsservice.com/2013/04/atos-pays-out-to-man-left-in-pain-and-distress-by-assessment/

 

Margaret.

 

Wonder what the percentage for overbooked home visits is?

[Nystagmite]

So, basically, they want you to wait around all day? I don't see why it can't be narrowed down time-wise. And why has every other centre managed to give people an appointment at a certain time?

[reallymadwoman]

If one was paranoid one might surmise that one was being victimised for previously making (upheld) complaints against ATOS Healthcare in general and this doctor in particular, so it's just as well I'm not paranoid. However, that does leave me baffled as to why they are doing this.

 

Thanks for the link StarryEyes, I've contacted Equality Advisory Support Services. I shall report back what they say.

 

Incidentally, we're way past the 15 working days and no response from DWP but I haven't got around to chasing them up yet.

[reallymadwoman]

It seems that the mere mention of the Equality Act had quite a decisive effect in ATOS land. My time slot is now 30 minutes, which is actually better than I asked for.

 

[**Margaret**]

:reallymadwoman:

Well, you chose the right day to remind them of the equality legislation.

Margaret.

[reallymadwoman]

Hubby is wondering if someone more senior got involved, or maybe they had a memo sent around this morning.

 

Either way it's sounding more and more as if this assessment might finally get done. Here's hoping for 2 years in the support group.

[estellyn]

Hubby is wondering if someone more senior got involved, or maybe they had a memo sent around this morning.

 

Either way it's sounding more and more as if this assessment might finally get done. Here's hoping for 2 years in the support group.

 

Got my fingers crossed for you.

[reallymadwoman]

More steam coming from the ears.

 

The appointment has been cancelled - no reason given, though they did at least let me know beforehand this time. This is the 6th appointment they've not kept. Had I done that I would have had my benefits stopped long ago.

 

I've just realised I never heard back from the equality people either.

 

This really is the last straw. I cannot go through this all over again and again and again, getting wound up and stressed about whether they'll actually turn up and regardless of how limited the time slot they give me it does mess up the routine and put everything out of kilter for a couple of days.

 

I shall cancel/postpone the next appointment as it will clash with a prior appointment as will the one after that and however many they let me get away with before returning my file to DWP again and basically just let things drag on as long as possible before I close my claim. When this whole thing started I only expected to get benefit for another year so we've done better than we hoped thanks to ATOS efficiency.

[Zonker]

I think the equalities act 2010 , section 29 is the bit your looking for...

 

(1)A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service.

 

(4)A service-provider must not victimise a person requiring the service by not providing the person with the service

 

(7)A duty to make reasonable adjustments applies to—

 

(a)a service-provider

 

As far as I understand the way the act is written, Atos is providing the service no matter who instructs and they have a duty to make reasonable adjustments. I may even go so far to say they appear to be 'not providing the service' with all the cancellations that have happened.

 

As for possible remedy ..its county court or sheriffs court (in Scotland) and a possibility of damages. This is dealt with in Part 9 sections 113 ~ 129 of the Act. It even allows for damages including hurt feelings.

 

Hope that little bit helps.

[reallymadwoman]

It seems the HCP is ill. It must be a really serious illness for them to know this far in advance and it is also the 4th time this particular HCP has been ill on the day they are due to assess me. Perhaps they ought to see a doctor.

 

Much as I would love to take ATOS for every penny they have I am simply too tired and I know it is a battle I cannot afford to fight. I need another 6 months NI credits to be entitled to my full pension (eventually) and that's the aim now.