IB to ESA migration

[Guest]

it may be "I don't wanna be recorded or I will have to be honest" illness.......

[estellyn]

it may be "I don't wanna be recorded or I will have to be honest" illness.......

 

Or 'I can't be ars*d to do home visits-itis' - I had several colleagues who had that.

[Guest]

......not funny for reallymadwoman I know but this lot have me either LOL or crying...so LOL it has to be. I am fully expecting a letter tennis tournament with atosh in the near future, as any assessments I will have to have recorded in the presence of my daughter, and I will try and LOL rather than totally have a meltdown...they don't seem to like the recorded assessments.

[**Margaret**]

:reallymadwoman:

I'm going for the home visititis. Specially as pinocchio'll have to spend 20 of the 30 minutes setting up and repacking the audio recorder. Last one I saw, they couldn't get it to eject the discs.

 

Margaret.

[reallymadwoman]

In my daughters words, if someone had set out to design a process which would do maximum damage to my health whilst totally discouraging me from claiming any benefits ever again they couldn't have done a better job. And I'm going with home visititis plus a touch of sour grapes.

[reallymadwoman]

EASS are considering whether I have a claim for discrimination and I've involved my MP again.

 

Still no response from DWP.

[Guest]

The good thing is that your not giving up, not going away, and neither should you or your complaint. This is exactly the sort of thing that needs highlighting and they should not get away with it. Things can only change through complaints and highlighting the situation, and I admire you and am grateful for what you are doing. Everyone in this situation should do the same or get help to do it if they can. Sadly some aren't able to do either but those of us who can, am sure can and will make a difference at some point......well done so far and good luck.....I watch with interest.

[reallymadwoman]

After three nights of very little sleep it's either give in gracefully and let them get away with it or keep pushing until either I win or I die trying.

 

If EASS can find someone to take the discrimination case for me then I'll do it, but I cannot do it by myself. I'm not giving up on the DWP complaint though.

[Guest]

That what I really meant ....the dwp. After all said and done they are drivers of this disgusting vehicle to push us all off the benefits system, despite how much we need the help they promise to give....pftttttt.......

[**Margaret**]

:hiya reallymadwoman:

 

Chronic home visititis aggravated by, 'even if I knew how to work those dratted audio machines, I daren't be recorded'. All mixed with the acknowledgement by DWATO of the doctor's 'mistake', and an over abundance of very sour grapes. When you said you'd got another appointment, I did wonder what, if anything, would be different. Clearly, not a lot! As this doctor no more wants to see you, than you him/her! And wondering how this now decidedly unfunny farce was allowed to get so out of hand in the first place doesn't resolve the impasse . For either you or DWATO.

 

Given the ongoing grief to your health, if you've not already done so, I'd send copies (recorded delivery) of all the updated paperwork to the Tatos regional manager for the area and, in a strongly worded covering letter, suggest that my case be sent back through scrutiny with a view to requesting further medical evidence. Reason being that it's not clear when, if ever, Tatos are going to have a doctor available to assess deteriorating function. Shows an ultra compliant Miss Goody Two Shoes suggesting an alternative resolution. No guarantee they'll bite. But if not, unless anyone's got alternative stressfree ideas, you'll know you've done all you can.

 

So for the way Tatos are treating you, Margaret.

Edited June 1, 2013 by **Margaret**

[reallymadwoman]

Once again Starry has provided an excellent suggestion. I was going to get up to date letters from consultants etc myself, but why not put the ball back in ATOS' court? I shall attend to it just as soon as I can as I'm taking off (not literally - planes and me don't mix) for a few days break away from all this stress.

[**Margaret**]

:reallymadwoman:

 

you goodbye, to enjoy a few DWATO free days.

 

Remember to look .

N Margaret prescribes as much n:pop2: as poss.

Edited May 31, 2013 by **Margaret**

[worried33]

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.

 

Looks like I may get my first ESA review before you get migrated, just got my ESA50 form today 4 months early.

[reallymadwoman]

Looks like I may get my first ESA review before you get migrated, just got my ESA50 form today 4 months early.

 

At the rate they're going they still won't see you for 6 months.

[worried33]

At the rate they're going they still won't see you for 6 months.

 

not in my area, once the form is sent I can expect a medical within a few weeks, and maybe I wont get the appointment letter again like last time.

[reallymadwoman]

Response from DWP received. According to ATOS it's all my fault because I have apparently refused to be assessed.

 

My complaint letter very clearly states that my disability means I can't do phones. They've given me a phone number to ring to discuss my complaint further.

 

Also holiday had to be cut short (returned after 2 days) due to a death in the family.

 

It's obviously one of those days and I should just go back to bed and wait for it to be over.

[**Margaret**]

:reallymadwoman:

 

for your loss. N sympathies that you've lost a badly needed break.

 

Back on that for today. I've done it often enough when everything's got on top of me. DWATO being number one culprits!!!

 

Margaret.

Edited June 7, 2013 by **Margaret**

[reallymadwoman]

Four days later I'm still absolutely furious that ATOS have again 'manipulated the facts' so as to deflect any blame for this fiasco on to me.

 

I might be able to accept that they might mistakenly give inaccurate information to DWP once - perhaps whoever responded to the query simply didn't check and replied based on what would happen most often. I might even accept that given two vastly different versions of events, ATOS really have no choice but to support their employee whilst ignoring evidence that went against them, even if DWP made it clear who they believed.

 

What I cannot accept is that ATOS should now make not one but two statements that bear no relation to reality and cannot possibly be passed off as anything other than blatant lies. The bottom line is that either I said and did what they allege or I did not, no ambiguity possible. Since I did not, someone has made it up - the allegations are so outside expectations that there can be no question of mistake or mishearing or anything else. They are also sufficiently serious allegations that if DWP accept them they will end my ESA claim immediately.

 

It is of course pretty much impossible to prove a negative but ATOS may have seriously shot themselves in the foot this time. I have never spoken to any ATOS employee directly, absolutely everything has been done via email, so unless they're willing to invent the necessary messages they cannot prove what they have alleged.

 

I said a while back that if I were paranoid I might believe ATOS were doing this on purpose. I might be becoming paranoid since even sheer incompetence no longer explains what is going on.

[**Margaret**]

:Hello reallymadwoman:

 

Just dropping by to wish you well with however you're trying to cope. You've actually got further than Starryeyes did, in that Work n Pensions have invited you to discuss the situation (we'll gloss over the phones bit), which they wouldn't have done if they'd completely accepted Tatos version of events. All she got from Work n Pensions was 'yes OK, there's been mistakes but we're going to let the tribunal sort it'. I'm not in the least surprised by Tatos response to this impasse. Somehow twas Starryeyes' fault that pinocchio didn't read the IB50, didn't understand the scan result, and misinterpreted legislation.

 

Also, thanx for sharing your saga. Particularly during the last couple of weeks. It's reminded me of why I'm determined to get my Tatos trial audio recorded. Remains to be seen whether or not I (eventually) get an award of employment n support allowance. But should I have to go to tribunal, your woes have encouraged me to ensure there's evidence of what was said, or not said, by myself and pinocchio during the trial.

 

for whatever you decide to do next, thanx again, Margaret.

[reallymadwoman]

Thanks Margaret, it really does help to know that I have support on the forum and somewhere to rant where my poor family doesn't have to listen to it.

 

At the moment we're waiting to hear further from DWP and to receive a new appointment from ATOS. We're also considering the idea of a claim under the equalities act but we need to find a solicitor with the right experience.

[reallymadwoman]

Previously ATOS have taken about 3 months to send me a new appointment but this time it's only 4 weeks. Clearly they've fully considered all the extra information I sent and decided to totally ignore it.

 

I may have to invent a prior appointment since I think I should await the outcome of the current complaint before probably starting the next when they don't turn up again!

[**Margaret**]

:Hello reallymadwoman:

 

Or there's none so blind as them who can't be bothered to/don't want to see;

So a clerk's simply added the letter and extra info to your ESA55 without reading it! Just like they do with ESA50s!! I've known it happen more than once and it was specially annoying during the week Mr Hoban accused us of withholding evidence!!! Only way to be sure, if you can be bothered, is for someone to brave their call carousel.

 

Your consolation prize? You've done everything you possibly can to get this farce over n done with. Out of all the tangles with Tatos that I've tried to sort, yours is easily the most intransigent but we can't make them read letters. Neither can we relocate their thirty or so centres that have stairs nor solve their personnel problems. Can't see anything else you can try except to keep your own behaviour impeccable and covered with a paper trail.

 

Best of luck with the equalities option. Take care, Margaret.

Edited June 25, 2013 by **Margaret**

[**Margaret**]

:Hiya reallymadwoman:

 

Knowledge is power?

 

https://www.whatdotheyknow.com/request/hcp_conduct_with_regards_to_dwp#incoming-403558

 

Wonder when personnel problems become 'exceptional circumstances'?

 

:?: Margaret.

[reallymadwoman]

If recognising the claimant means that only in 'exceptional circumstances' should the assessment go ahead, how on earth can they justify insisting on a particular doctor to carry out my assessment when I've had a complaint upheld against them? If assessing a current or previous patient is against natural justice then surely assessing someone whom you know has complained about you is even worse.

 

Many, many thanks for this information. I am not intending to use it at present because I need this assessment done, however it most certainly will be used in the complaint/claim that follows.

 

Tried to give you more rep, but it seems I have to give some to someone else first.

[reallymadwoman]

Would anyone believe ATOS have cancelled again?

 

I think now is the time to throw in the 'natural justice' stuff that Margaret found for me and insist they either find another doctor or do the 'assessment' based on medical evidence already supplied. I believe I have to make DWP themselves absolutely sure that if this goes to tribunal, which it will if the outcome is anything other than support group, then they are going to be absolutely hammered over accepting a report from a doctor who cannot be anything but biased, whether that's against me for making a complaint or for me as she's being extra careful not to mess up again.

 

I'm loath to say it, but it's not fair on the doctor either - they simply cannot win whatever they recommend. Find me fit for work and they must know it will go to tribunal and I will complain again, put me in the support group and have everyone wonder if it's just to keep me quiet.

 

Will any of the above get my transfer to ESA finally done? I'm not holding my breath.