ESA - The never ending story begins again

[eliotnpt]

My earlier posts explain what I had to go through when I, like almost everyone else, failed my "assessment" with Atos for ESA, my appeal, going without any benefit for many weeks and then receiving a telephone call out of the blue (with a confirmation letter a few days later) stating the Department had overturned the Atos decision and placed me in the Support Group. That was 1st December 2011, a little over 3 months ago.

 

Today I received a letter stating that I am to expect another questionnaire to complete to assess my fitness for work - in spite of being told over the telephone in December that the Department had assessed I was wholly incapable of working and so required to be in the Support Group.

 

I telephoned for an explanation and was told it was standard procedure and would I like someone to telephone me back "within three hours" to explain. Three hours later, the awaited telephone call came and it was a total stonewall. I was told first that my initial letter saying I had been awarded ESA will state how long I qualify for, 6, 12 or 24 months, before another assessment is due. I had the letter in front of me, it says nothing of that and there is no place for it to appear either. I was then told that I will have had a second letter giving this information. No such letter has ever been received by me, and I keep all official correspondence going back more than a decade. The lady on the phone then asked if I would like her to find my file and send me a copy of the letter, which she was "sure" had been sent to me. I stated she should have had my file in front of her before even telephoning and that I would require not just a copy of the letter but full confirmation of the date of the file on their computer system to ensure someone didn't just write out a letter today and backdate it. She asked if I would like to speak to a Manager, adding that he would say the same as she did. I declined at that point, asking her to locate my file, read it and then telephone me back (she has not yet done so).

 

So the timeline is... Atos Medical in October, benefit stopped whilst I appealed even though I requested being paid at the lower rate, 1st December Atos decision overturned and I was placed in the support group, March told to expect another Atos assessment. This is intolerable! I even asked on this second call today whether a medically qualified person had been reviewing cases in the office prior to calling people for assessment (which I understand is supposed to be the correct process) and my question was totally blanked, no way was I going to get an answer to that one.

 

I know many people using these forums have been called for follow-up "assessments" with Atos after winning their appeals. Do any of you have a letter saying how long you are to receive ESA before another "assessment"? Did any of you have written on your initial notification letter of ESA being granted how long it was to be paid for?

 

Three months of hell at the end of last year, most without any benefit, whilst this was sorted out. I then receive just 16 payments of benefit and am told I have to start the process all over again. In a few weeks I shall be 60 years of age, an age my doctors never expected me to reach, and until a few years ago I would have been offered the choice of moving onto Pension Credits (now I believe I have to wait until I am 62 years of age), and as each day my health continues to deteriorate, all I seem to be doing in my final years is trying to fight for benefits.

 

Does anyone have any advice to offer at this stage? Or can anyone answer my questions in this post?

[frank_begbie]

My earlier posts explain what I had to go through when I, like almost everyone else, failed my "assessment" with Atos for ESA, my appeal, going without any benefit for many weeks and then receiving a telephone call out of the blue (with a confirmation letter a few days later) stating the Department had overturned the Atos decision and placed me in the Support Group. That was 1st December 2011, a little over 3 months ago.

 

Today I received a letter stating that I am to expect another questionnaire to complete to assess my fitness for work - in spite of being told over the telephone in December that the Department had assessed I was wholly incapable of working and so required to be in the Support Group.

 

I telephoned for an explanation and was told it was standard procedure and would I like someone to telephone me back "within three hours" to explain. Three hours later, the awaited telephone call came and it was a total stonewall. I was told first that my initial letter saying I had been awarded ESA will state how long I qualify for, 6, 12 or 24 months, before another assessment is due. I had the letter in front of me, it says nothing of that and there is no place for it to appear either. I was then told that I will have had a second letter giving this information. No such letter has ever been received by me, and I keep all official correspondence going back more than a decade. The lady on the phone then asked if I would like her to find my file and send me a copy of the letter, which she was "sure" had been sent to me. I stated she should have had my file in front of her before even telephoning and that I would require not just a copy of the letter but full confirmation of the date of the file on their computer system to ensure someone didn't just write out a letter today and backdate it. She asked if I would like to speak to a Manager, adding that he would say the same as she did. I declined at that point, asking her to locate my file, read it and then telephone me back (she has not yet done so).

 

So the timeline is... Atos Medical in October, benefit stopped whilst I appealed even though I requested being paid at the lower rate, 1st December Atos decision overturned and I was placed in the support group, March told to expect another Atos assessment. This is intolerable! I even asked on this second call today whether a medically qualified person had been reviewing cases in the office prior to calling people for assessment (which I understand is supposed to be the correct process) and my question was totally blanked, no way was I going to get an answer to that one.

 

I know many people using these forums have been called for follow-up "assessments" with Atos after winning their appeals. Do any of you have a letter saying how long you are to receive ESA before another "assessment"? Did any of you have written on your initial notification letter of ESA being granted how long it was to be paid for?

 

Three months of hell at the end of last year, most without any benefit, whilst this was sorted out. I then receive just 16 payments of benefit and am told I have to start the process all over again. In a few weeks I shall be 60 years of age, an age my doctors never expected me to reach, and until a few years ago I would have been offered the choice of moving onto Pension Credits (now I believe I have to wait until I am 62 years of age), and as each day my health continues to deteriorate, all I seem to be doing in my final years is trying to fight for benefits.

 

Does anyone have any advice to offer at this stage? Or can anyone answer my questions in this post?

 

My birthday is in May and I will be 61 and will receive Pension credit from the 7th of July.

 

Suppose it depends on when your birthday is.

[wizz]

hello, i am in the same boat.

i failed the medical in october but the decision was overturned in january, a day later i got a new questionarre and now have another medical on the 19th of this month.

[eliotnpt]

To add to my first post of this thread...

 

I have since hunted through all major government web sites, through numerous forums, contacted various organisations by email and have spoken to a number of people who receive ESA (most in the WRAG, some in the Support Group). Without exception, all stated categorically there was no notification of time limit or renewal dates on the official notification of award from the JobCentre and none received any additional letter to give a time limit or renewal date of award.

 

Indeed, the closest I have come so far to an answer is that the Atos "professional" actually gives that recommendation at the time of completion of the "medical report" and it was suggested I apply for a copy of that report to see the date. I already have that report, and since Atos failed me at my medical then there is no such reference to a renewal date.

 

Unless anyone has any official notification to explain otherwise, it is clear that I was stonewalled on the telephone yesterday by two different people. The closest I have come to recommended renewal dates appear in several web sites and are given as 6 months or 12 months for those in the WRAG and 12 months, 2 years or 3 years in the Support Group.

 

I am still awaiting the call back that was promised yesterday when the person I spoke with had tracked down my file to read it through and then speak with me again.

[Quixotic]

I had to go through the appeal process too and after many many months keeping me waiting I was placed in the support group, I do recall reading something in the "assessment" documents that it was thought I would make a full recovery in 6 months, not only do they not overly have extensive knowledge in the illnesses they are assessing but apparently they think they can see the future too. On my appeal papers it does state how long I would be placed in the Support Group for, mines was 6 months, which I guess was based on what I said previously, it's not been 6 months and they sent me the ESA50 after 4 months, how they work that one out, I don't know! my doctor found it quite amusing when he was writing me medical reports, I think my doctor would love to be honest in letters he writes for me to tell these people to buzz off and leave me alone because they clearly exacerbate peoples problems.

[Rover87]

Quixotic, the 6 month review date is meant to be when the WCA decision is available. So the ESA50 would be sent out X amount of weeks in advance of that - with a 4 week timescale to return it. They then decide if a WCA appointment is required and arrange that shortly after so that the report is available to a Decision Maker by the time the 6 months has elapsed. Thats the theory anyway...

 

eliotnpt, not sure which letter the date is mentioned but one should have been sent to you. DWP can send you a duplicate but it won't make much difference, you will still need to go through the review if you wish to continue with your claim. Make sure you read all the advice on the WCA process and hopefully it will go a but better for you this time!!

[eliotnpt]

I thought anyone following this thread would be interested in the latest development

 

My friend and carer again telephoned the JobCentre this morning to enquire why we have still not received the expected call back after two days have passed. He again repeated all the information required and was told we would have a call back within three hours. This time the call back came with ten minutes... and there the problems started.

 

After again answering numerous "security" questions, and in spite of his already speaking to three people this week in that department, he was told they could no longer speak with him about my case, they wished to speak with me directly. He advised that I was unable to speak on the telephone and was presently heavily medicated. He was told that I would therefore have to hand write a letter to the Department giving consent for my friend to speak with them (although they have already had this in the past) or else write and tell them that I wished to speak with them. Are you beginning to smell a rat, as the saying goes?

 

It didn't end there... he was told that whether I spoke to them or he spoke to them, they first required to know in advance what questions we wished answered and they would then decide if they were prepared to answer any of those questions. He was also told quite clearly that there would be no discussion about my case, whether to him or to me, they would only give answers to questions submitted in advance. He made it clear that we wished only to know why I had never been advised of an ESA review nor been given official notification of a date. He was told that was a question they were not prepared to answer.

 

My friend then advised the lady that I had right of access to all information by law. The telephone call was then terminated by the JobCentre.

 

All very unusual, we thought. What is on my file that they do not wish me to see? What is on my file that they are refusing to disclose? And why want not only advance notice of questions but also terminate a polite enquire when reference is made that I have a legal right of sight of such documents?

 

To think, had I not appealed when Atos failed me 4 months ago, had I not had that decision reversed by the JobCentre and been placed into the Support Group, then perhaps they would have left me alone? It certainly appears that guidelines are not being followed and that those who are presently receiving ESA are being actively hounded in preference to the Department continuing to interview Incapacity Benefit claimants.

 

Now I have my new questionnaire to complete and must go through the entire process once again - and without even being told when my review date should be.