Called for ATOS Medical

[Cotswold1964]

Hello Everyone

 

Filled in ESA50 in September 2011, heard nothing back, carried on receiving ESA WRAG so assume no Medical was deemed necessary then!

 

Now, received letter inviting me to attend a Medical on 28th August, the letter was dated 23rd August!!! (Work it out, letter arrived 25th August - Saturday with the appointment at 9:10am on Tuesday 28th August with Bank Holiday Monday in between!!! - what has happened to phone calls, 7 days notice etc???) I received another letter on the same Saturday saying that my appointment had been re-arranged for 6th September!!!

 

Questions: -

 

• Are ATOS allowed to call me for a Medical without having recently filled in an ESA50?
   
  
• Who do I need to speak to about why this has happened, would it be ATOS or DWP, or will they both try and pass the buck?
   
  
• Can I refuse to attend a Medical until they have considered what I have to say on an ESA50?
  

 

Any answers gratefully received, I cannot see any similar threads???

[abc123def]

Yes they can call you for a medical without a recent ESA50, in fact I've never heard of anyone being called in for a medical soon after completing one. It is normally 3-6 months minimum gap between the two, often longer.

 

You don't need to speak to anyone about why this has happened though I agree the mix up in dates and potential short notice is not good, thankfully it looks like you have till Sept 6th to take your latest GP/specialist/Consultant letter with you which is plenty of time.

 

You don't have any rights to refuse a medical and risk your benefits being stopped if you do. You should only rearrange the dates/venue if you have difficulty getting there for any reason and you could explain to ATOS the difficulties with the necessary evidence and they can make alternative arrangements.

[Cotswold1964]

Can I just clarify the following: -

 

I first of all claimed ESA in August 2010. ESA50 submitted then, called for first Medical in December 2010, eventually had it in January 2011. Scored 12 points (!!!) and after writing my appeal challenging the ATOS medical report and how they had taken the points out of what I said to meet their own ends, I was then awarded 15 points and given ESA in the WRAG with no need to go through the appeal process.

 

My underlying medical conditions are my mental health. This was compounded by an alcohol dependence.

 

I understand abc123def's points about 3 - 6 months between form submission and medical. This is now approaching 12 months and my medical situation has changed quite markedly. I have moved address twice and changed GP's twice. The moves have not been without difficulty. I have now been referred to a Psychiatrist again, ATOS are not aware of this, they would be if they had an up to date ESA50!!! I don't have a latest GP or Consultant's letter to take with me because my mental health is being assessed again!

 

I don't intend to refuse a medical, I don't see the point of going there and saying that you have an ESA50 from 12 months ago and I have now been referred to have the problems why I am claiming ESA looked at again. They will probably in their wisdom judge me as fit to work, even though I am now probably less able to work than I was a year ago!!! Me appeal, them save 20 quid a week and then repay it in 6 months.

 

The system is ridiculous.

 

I am afraid that you don't seem very hopeful of my case abc123def...

 

Could anyone else provide some advice please???

[worried33]

you can get a new appointment if thats inconveniant because 7 days notice is required.

 

abc123def, my last ESA50 the one before I had to appeal a missed medical the medical was booked extremely fast, they recieved the ESA50 last week of dec and my medical was booked 2nd week of january (if I remember right). Consider there was christmas and new year holidays in that time period as well.

 

Once you at a face to face what they do at that assessment overides the ESA50 anyway, so I dont think much is going to change with sending a new one in, I guess you are hoping you send a new one in and they give you the points without the assessment, maybe is possible ubt I dont think they will agree to that, once an assessment is booked you are locked at that stage.

Edited August 26, 2012 by worried33

[abc123def]

What makes you think I'm not hopeful of your case? I had an ATOS assessment and the interview was terminated early and I was placed in the support group on mental health grounds. I would go and be open and honest about how your mental health affects your ability to do things, say it as you have said here that you have moved and are being assessed by a new team. If they need further information afterwards they will ask for it but hopefully you will be fine.

[Cotswold1964]

Thanks both, I hope so, the anxiety cycle just starts over again!!!

[abc123def]

I can understand that. I have constant anxiety and the arrival of the post heightens it hugely. My last ESA50 went in mid May and 3 months have passed and so half of me is expecting that letter with another face to face appointment any day now. You can never really relax. I find I can't really engage with my therapy because of the fear of the constant assessments by ATOS and the possible loss of income and a means to living. Knowing I am not well enough to work means the alternative of losing ESA doens't bear thinking about. I can only hope my last assessment is proof that attitudes are changing towards mental health and the assessment is showing more understanding towards it. We can only hope. But my last assessment proves that all is not lost and all might be well.

 

If the worst comes to the worst, then an appeal will take months and you will have time to gather evidence and you will have support here as you do so. But it may not come to that so don't give up hope.

[osdset]

I have said this before but it's worth repeating. The government intend to introduce mandatory revision before appeal on or around April 2013. In the light of this I feel it's in claimants best interests to have the WCA as soon as possible, considering the waiting times for the WCA appointment and subsequent results.

 

The closer the date of the WCA is toward April next year the less chance of initiating an appeal before the government bring this legislation into force, the only source of income then would be JSA.

[abc123def]

Many people have the WCA 3-6 monthly though osdset so they could have 2 more before then

[gregbythesea]

Hello Everyone

 

Filled in ESA50 in September 2011, heard nothing back, carried on receiving ESA WRAG so assume no Medical was deemed necessary then!

 

Now, received letter inviting me to attend a Medical on 28th August, the letter was dated 23rd August!!! (Work it out, letter arrived 25th August - Saturday with the appointment at 9:10am on Tuesday 28th August with Bank Holiday Monday in between!!! - what has happened to phone calls, 7 days notice etc???) I received another letter on the same Saturday saying that my appointment had been re-arranged for 6th September!!!

 

Questions: -

 

• Are ATOS allowed to call me for a Medical without having recently filled in an ESA50?
   
  
• Who do I need to speak to about why this has happened, would it be ATOS or DWP, or will they both try and pass the buck?
   
  
• Can I refuse to attend a Medical until they have considered what I have to say on an ESA50?
  

Any answers gratefully received, I cannot see any similar threads???

 

I have been told many times that officially they have to review an ESA50 before they call you in for a face to face assessment.It may be the case that based on what is in the ESA50, you don't need to go for an assessment.

 

However what should happen is not the same as what actually happens.

 

I received a phone call off ATOS to arrange an appointment before I received my ESA50 - it came a few days later. The assessment took place and the decision was made 2 days before they received the ESA50.

 

When I asked the assessor about not knowing much about me because I was still holding the ESA50, he tole me that it didn't matter anyhow, they are very rarely looked at if at all. That is the job for the DWP.

 

So how is it decided if I need to have an assessment? No idea !!

[**Margaret**]

Cotswold 1964:

 

'Are Atos allowed to call me for a medical without having recently filled in an ESA50?' Yes.

'Can I refuse to attend a medical until they have considered what I have to say on an ESA50?' No.

 

Regulation 21 of the Employment n Support Allowance Regulations 2008;

'...... information ...... as may be requested in the form of a questionnaire;'

 

We had this senario with a ten month gap. Jobcentreplus refused a new questionnaire but accepted an up to date statement about the claimant's condition at the time of the messical. Since then, they've put a downloadable ESA50 on the internet. Statement or 'stolen' ESA50, take it with you on the day and try to insist the assessor reads it. Easier said than done, you may have to wave the handbook at him/her.

 

For a variety of reasons not every claimant has to complete an ESA50 but completed ones, together with extras, are evidence.

 

Section 3.1.2 of the Work Capability Assessment Handbook.

'In preparation for the interview ...... Any evidence brought by the claimant must be read ......'

 

Forget the appointment mess up from the ever unhelpful desk. They've already put it to rights.

 

Good luck, Margaret.

[worried33]

I have been told many times that officially they have to review an ESA50 before they call you in for a face to face assessment.It may be the case that based on what is in the ESA50, you don't need to go for an assessment.

 

However what should happen is not the same as what actually happens.

 

I received a phone call off ATOS to arrange an appointment before I received my ESA50 - it came a few days later. The assessment took place and the decision was made 2 days before they received the ESA50.

 

When I asked the assessor about not knowing much about me because I was still holding the ESA50, he tole me that it didn't matter anyhow, they are very rarely looked at if at all. That is the job for the DWP.

 

So how is it decided if I need to have an assessment? No idea !!

 

I was told something similiar when I questioned my quick assessment appointment, I was told the appointment was made the moment they put me up for assessment. This begs the question are they randomly treating some people different as some people have no face to face assessments even some with just an ESA50 and no evidence attached to it. This I believe may be related to workloads in specific areas.