ESA Stopped for failing to attend appointment. Can somebody please help?

[estellyn]

Well done, great result!

[bs0lth]

Thanks everyone for you help and support on this one still happy that my bank balance is no long in the minus column for now.. I actually went shopping last night and could buy more than just the bare essentials.. its felt so nice //

[bs0lth]

Well things are still mucked up, but thank god may just be able to sort it out today.. at least I have money to live on this week

 

I revieved 11 letters yesterday yes you read it right, I have no idea if they were lost in the post or what, but I really need to sort it all out... so the saga continues

 

I had a letter from the Independent Case Examiner.. (ICE) I emailed them because I really coudlnt find who to complain to about all of the misleading info I have been given

 

They have passed on my email to the DWP who actually phoned me yesterday to say that they have recieved my complaint...

 

lets see what happens next

 

ho hum off to phone I go..

[Guest]

Good Luck!!! I think the whole system is in total chaos and mayhem at the best and corrupt at the worst.

[**Margaret**]

:bs0lth:

Really pleased that you negotiated a positive recon. Dropped off your thread cos it was getting incredibly unwieldy and you'd already enough to think about. Hate these 'failures to attend' cos the letters aren't received. Nigh on impossible to prove a negative. Well done you for perseverance.

Margaret.

[bs0lth]

Hi Starryeyes

 

I know the feeling about the thread getting too big, the help has been so good though and so much to think about. I have been lucky to get it reconsidered there are quite a few that will have to go to appeal. Saying that, I have had 12 letters now in the last two days, including my P45 and even more conflicting stuff, I am just hoping to get it solved, another day on teh phone planned for tomorrow. But I am still really happy its happened. It just goes to show that if you keep going with them they do eventually listen...

 

I honestly think there is a bug in the ATOS system, I am not the only one that is having problems with their mail from them, and ok I can prove that I am having some problems with my mail, but the appointment letters did not arrive long before my problems with my mail, I have sent in a sar so hopefully when it arrives I might get further information. Basically its going to be entertaining to look through what they send out.

 

I would like to say though that people that are having the same problems to keep going, its a nightmare and you end up stressed but its better than the alternative, having nothing at all to live on. This is one of the reasons that I have continued to update this thread, and its been combined with others I have started as well.. Hopefully somebody might just get some benefit from it...

 

[**Margaret**]

:bs0lth:

 

I'd say it's bugs in the Tatos system. And lots of em.

 

Almost all appointment letters and ESA50 cover letters sent by Tatos are produced electronically and dispatched via bulk mail. Someone forgets to press print or the printer runs out of paper ...... And they don't routinely keep copies ......

 

Whereas BF223s are prepared and sent out clerically, either by Tatos or Jobcentreplus. No way receipt of a BF223 confirms receipt of an appointment letter.

 

Not to mention all the personal data they somehow manage not to update, even when asked to.

 

And then we get to the home visits, which aren't always notified in advance. Cos Tatos are short of doctors they sometimes get sent out for home visits as a result of other claimants being unable to attend.

 

Now, are you relying on Tatos to get the next letter to your home address? If you've given them an alternative contact address I'd confirm it in writing via recorded delivery. Just in case they somehow miss the updating bit. And would you like the farcical audio recorded:?:

 

Best wishes, Margaret.

Edited May 3, 2013 by **Margaret**

[bs0lth]

Hi STarryeyes

 

I have no idea what on earth to do with ATOS at the moment, I have been told I need to fill out another ESA50 form for them, so the appointment time will take a little longer, but so far, I have recieved letters to my house and my Mums house over the last five days, so they have updated their database, so this should be fun

 

I still need to sort out problems that have come up, checked my bank statement to see if I actually got money and I did... but its got JSA on the payment not ESA and I really need to pick up the mail from my mams tomorrow to see if its different to whats been sent here..

 

i really cant believe what a mess the whole system is in

 

and OH YES I want the interview recorded, because the last time I had an assessment and read the results I honestly thought that I had somebody elses results... if it had not been so serious then it would have been funny... won that tribunal on appeal, but it took over 12 months to sort it all out

[Guest]

Mine was the same, I really thought they had got me mixed up with someone else, then the horror of the situation began to dawn on me when I found CAG. It took me nearly 18months to get to tribunal, during which time the CPN I had who was going to come to support me, retired and broke her promise to still attend with me, that little bombshell fell two weeks before the tribunal. My daughter came with me and thankfully I won it. Recording is a must for me if I get hauled in for questioning again.

[bs0lth]

Hi Ruby

 

Tell me about the nightmares, but I am still just about standing..

 

I am just so tired of the whole process, I seriously wish I could just go back to work all over again and stop all of the hassle in every part of my life at the moment. Everything seems like its a fight, and its getting worse not better. I really need to get a handle on a lot of things but cant...

 

never mind keep going Im going to have to do

[Guest]

I really do know exactly how you feel, and the only thing I can say helped me was taking each day at a time. I had a "to do" list, and I worked my way through it, trying to put it all to the back of your mind in between the "doing" and "hearing back" is very hard, but if you can manage it then your brain gets a break. My concentration was rubbish (still is ) so I wasn't very good at switching off from the situation, but it does help if you can for a bit. Doing all that you can, not giving up, and you will get this sorted, pester anyone that will or has to listen. If I get in this situation again I will make the biggest stink/noise I can, and drag all their names in the mud, and sod the law (not advising this to you or anyone else though) and I will take what comes my way, if an atosser lies about me I will name and shame big style this time. Enough is enough.

[SWLABR9]

Everyone needs to insist their assessment is recorded, it seems to be the only way to stop the assessors lying. I requested it in writing when I sent my ESA50 in and rang a few days before each planned assessment to cheek it was going to be recorded. For six months I was told no and the assessment was postponed then finally I was told yes and I got in the SG which is where I should be. Everyone has to do this.

[Guest]

Totally agree!!

[bs0lth]

Hi SWLABR and Ruby_Tuesday.

 

Well I have been back on the phone to DWP and the person that answered the phone could not help me out, because wait for it

 

There was a bug in my claim and its now in clerical department after being completely wiped...and being rebuilt.

 

Will this have an affect on my SAR?

 

I am worried...

 

thank god they phoned me and the call was recorded...

 

this is getting worrying all over again..

[Guest]

What the hell is a bug in a claim?....excuses for ****ups?.........

[Guest]

can I pm you about the phone/recorder you have? please.

[**Margaret**]

:bs0lth:

 

:Ruby_Tuesday:'s sussed it. Jobcentreplus've made a complete shambles of feeding the revised decision into the computer so they've to close the claim(s) on their system and pay you clerically until they can re-input the correct info.

 

Not sure who you've asked for subject access. Shouldn't affect a request to Tatos. One to Jobcentreplus may not be completely up to date but if there's nothing about the last five weeks or so you can use the form below to specify dates and what info you want from a particular office, like your current benefit delivery centre!

 

http://www.dwp.gov.uk/docs/request-for-personal-information.rtf

 

'I have no idea ......'

 

Specify, in writing and via recorded delivery to your benefit delivery centre, the address you want Atos/Jobcentreplus to contact you at. Should you get another ESA50, treat the last one as a practice run. (I'm far from convinced that info's correct.) Usual procedure following a revised failure to attend is for Tatos to arrange a new appointment, minus an ESA50.

Best wishes, Margaret.

[bs0lth]

Hi Ruby_Tuesday... I have sent you a DM...

 

Hi Starryeyes...

 

Thanks for your replies...

 

The first thought that went through my head was, they have to be kidding, then I realised that they had probs completely messed up my claim(s) I have had so many conflicting letters / advice / information that it is beyond a joke now. its pretty serious.

 

I had a phone call from the DWP on Thursday saying that they had been passed a complaint I had made to the Independent Case examiner, I have had two letters from them stating that they would pass on the information to the DWP complains and if I was not satisfied with their findings to contact them again. The person from complaints that I talked to said that there did seem to be a lot of conflicting information on my claims and they were actually investigating what had gone on over the last three months. they did say that they would write to me for further information as they needed it. I think they have figured out what a mess my claim is in and they are trying to put it right, so we shall see what happens.

 

I put in a sar to both Atos and the DWP asking for everything, I had a letter on Sat saying that they will send me all of the information by the 21st of May, I also had another letter from the same dept saying that they held no information on me on their computer systems.. so obviously they had wiped my claim by this stage..

 

I also asked for information of communication between the DWP and ATos to try to cover all of my bases...

 

I realise they did a manual payment because it came up on my bank statement as JSA not ESA but when I queried it today they said that this sometimes happens when they are paying me manually...

 

they also said that my mortgage information is not on the system yet so the mortgage people can not phone me back to discuss payment until its back on the system.

 

its a pain in the bum

 

But I have to keep going with this, at least I have money to live on while they are sorting things out and its going to be very interesting to find out exactly what they send me.

 

Thanks for all of your comments so far

 

lynne

[SWLABR9]

Since they admit they've screwed up, in my view you may well have a claim against the DWP for maladministration. Can anyone here advise on that?

[bs0lth]

I have all ready complained, I contacted the Independent Case Examiner, since I was getting nowhere with the DWP, and it was them that passed on my complaint to the DWP/ they have to actually look into my claim before ICE can. However, they wrote to me telling me all of this. I have had three phone calls so far about the complaint.. and love the fact that I recorded the last call telling me about the screw up.

 

we shall see what goes on from here

[cuchiandme]

hi,

i sympathise..

i had a similar issue with atos, and luckily i had a stonham support worker who explained that it was during my worst period of illness that i did not reply... to their appointment letter... i insisted i didnt get it, but months later i found it unopened somewhere in the house... but at that time i just wasnt opening letters, infact the support workker had to sit and go through letters with me.... not saying same in your case... but they can be pig ackward when any little thing upsets their system...in the old days ofcourse people were more understanding of any human error and people had some kind of dignity when dealing with these beauracrats..now its become likke an android system. and we are literaly only numbers....hope you got it sorted out... i waited months...but got it re-instated then promptly received another appointment and was denied benefits,, which i'm now appealing. its the length of time too, that is soul destroying..downright disgrace

[speedfreek]

I never said well done for this!

 

How you getting on with everything and the complaints bs0lths?