advice needed regarding ATOS

[sarahhorton]

Hello

 

I would be most grateful for some urgent advice

 

I was sent a ATOS medical questionnaire to fill in and return to ATOS. Unfortunately my doctor whom I have built a strong rapport with and is the one that |I see regularly and has a strong understanding of my medical history has been out of the country in the US. I informed ATOS about this and they asked me to put this into writing which I did so that there could be a delay in me sending the form back as my doctor would need to assist with this and include the details of my medical history.

 

I did not hear back from ATOS for some time and I called them last week to ask them what was happening as I had heard nothing. They told me that it had gone back into the system which I assumed meant that I would receive a new questionnaire. I have this week received a letter with an appointment for me to attend in the first week of June. As I have not had to attend the ATOS interview last time due to my condition this was decided once they received the information from my doctor. How can I get it back to this stage where I can send in the medical questionnaire as they have not yet had the chance to see this and I feel that the decision of how to proceed should be based on the information supplied in the questionnaire.

 

Thank you in advance for your help and assistance.

[wobbly]

Make sure that you ask for a recorded assesment when you send back your ESA 50.It is said that they misrepresent what you have said .

[**Margaret**]

:sarahhorton:

 

Despite writing to Atos you're quite lucky you've not had to explain 'failure to return' the questionnaire, unless you've a mental health condition. Atos ignore/lose more letters than they read! Sounds like they've decided to dispense with the questionnaire. Good cos claimants don't get done for 'failure to return' but not so good in that a huge chunk of claimant evidence is lost. 'Back into the system' means they put your ESA55 file into the pile for interviews.

 

So, where do you go from here? Can't work out whether you've a questionnaire prepared, but if you have, send a copy to Atos and keep a second copy to take to a possible interview. Just in case the first one gets lost like. Jobcentreplus are loathe to issue new questionnaires at a later date, but there's a downloadable and printable ESA50 at;

 

https://www.gov.uk/government/publications/esa-50-limited-capability-for-work-questionnaire

 

You've two options for buying time to attempt getting an ESA50 through scrutiny in the hope you'll be spared a face to face assessment.

 

Phone the ever unhelpful desk on 08002 888777. All of us can ask Atos to rearrange an appointment once, for up to four weeks later, for any reason.

 

Or ask that any face to face assessment be audio recorded. It's a good idea anyway and will delay the process for weeks, if not months.

 

http://blog.atoshealthcare.com/2012/12/how-to-request-an-audio-recorded-assessment

 

Good luck, Margaret.

Edited May 26, 2013 by **Margaret**

[sarahhorton]

Hi many thanks for your response. It is very helpful to me. There are just a few things that I was hoping that you could clarify.

 

I have a history of severe anxiety, severe body dysmorphic and have also been suffering from post traumatic stress since I was attacked in the street over 4 years ago and subsequently had to undergo a major facial operation. I also have a hernia that is at very serious and at risk of strangulation and I am waiting for a knee operation. My knee causes me sever pain and also make it difficult for me to walk. .

 

I want to know what my best course of action for me is from now?

 

I have been advised that I would need to write to the DWP explaining why the questionnaire was not completed and asking them to re-issue it and therefore allow me to have the time to get my GP to fill it in. My own GP as I explained previously is out of the country and he is the one that knows my full medical history and I have built a rapport with. He was also the doctor that assisted me in filling in the questionnaire and provided he additional information that meant that I was not called for the interview the last time around.. Unfortunately my health conditions have not improved and I am pretty much in the same place health wise.

 

I was given another doctor to go and see but unfortunately I was not able to go to see him as I don't feel comfortable speaking to someone completely new and running through my life history.

 

So therefore should I write to the DWP explaining why I have cancelled the ATOS interviewing asking them to re-issue questionnaire, I can attache a formal letter from a care worker who knows my full medical history and can back up my issues with a letter to the DWP until I can get evidence from my doctor? Will this help my case?

 

Should I also send a letter to ATOS detailing all of this as a copy to send to them also as well as to the DWP?

 

Arte you aware of any professional advocates that can help with specific things regarding ATOS? speaking on my behalf, help with liaising with the DWP and Atos etc?

 

 

I will cancel the appointment for ATOS and ask them to arrange a recording of the interview if this does go ahead. When asking ATOS to do this will I need to also inform them that I am writing to the DWP outlining that I am asking the DWP to re-issue me with the medical questionnaire as this is very relevant to my non-attendance. Should I also send all of the correspondence that I will send to the DWP to ATOS also?

 

What is the likelihood of me not having to attend an interview once they have received the questionnaire and the information from my doctor. Will my health issues once that my doctor has outlined the severity of them allow them to make a decision that I am not fit to attend an interview.

 

Any further help that you can give will be appreciated.

[**Margaret**]

:sarahhorton:

 

Please don't shoot the messenger but you're sailing very close to 'failure to attend' an assessment. And a BF223 letter of which there's an example at;

 

http://whatdotheyknow.com/request/mec_administration_guide_v6#incoming-345324

 

Although Jobcentreplus have to consider the claimant's state of health at the time, it's impossible to predict whether your explanation will constitute good cause. A decision maker may well decide that if you can write a letter, you can complete an ESA50 without waiting for your doctor.

 

'I want to know what my best course of action for me is from now?'

 

Buy yourself some time by phoning 08002 888777 to request that any face to face assessment be recorded. Don't cancel an appointment without rearranging another one. The result will be a BF223.

 

Complete the questionnaire you've got (or a copy off the internet) as best you can. Send a copy to Atos (recorded delivery) and keep a photocopy for yourself, to take to a possible interview. Jobcentreplus rarely issue a second copy after the date for completion, unless the original's deemed lost. And you should be aware that a face to face assessment can proceed without an ESA50.

 

Hope your doctor returns before you can't delay a face to face assessment any longer. His/her input can be sent to Atos at any time before an interview, with a covering letter to request that your case be sent back through 'scrutiny'. Or if s/he's not back in time, directly to Jobcentreplus.

 

Advocacy's in short supply at the moment. Best person's probably your care worker if s/he's agreeable to being named on the ESA50. And in a separate letter of third party authority cos Atos admin staff don't routinely read ESA50s.

 

Sorry if what I've written sounds harsh, but I didn't write the rules. Although I can see where you're coming from, neither Atos nor Jobcentreplus will delay this reassessment pending help from your doctor.

 

Have a guardian , Margaret.

Edited June 2, 2013 by **Margaret**

[Nystagmite]

Can your care worker do the form with you, instead of another GP?

[sarahhorton]

Dear All

 

many thanks for your helpful advice. Today I contacted Atos to let them know that I am requesting an audio recording of the interview. They have told me that they will write to me in the interim to let me know when this can be arranged.

 

In the meantime I was thinking of sending along to the DWP

 

 

A copy of the original letter that was lost in the post stating that I require extra time to complete the questionnaire because my doctor is away

 

 

A small note explaining that I am in the process of filling in the questionnaire. as best as I can and will also be sending additional evidence/medical report from my GP once I am able to have contact with him and therefore there will be a delay in getting this information to them.

 

A letter from my care worker ( a professional) explaining my conditions and verifying my medical history and explaining that on the last occasion I was not required to attend

 

Could you let me know if these actions above seem reasonable under the circumstances and will allow them to wait for the questionnaire.

 

Thank you in advance for all of your help

[**Margaret**]

:Hello sarahhorton:

 

Yes, given the circumstances your proposed actions may well keep you out of trouble. No guarantee but you're giving yourself the best possible chance of averting a BF223. Or, should you receive one through Tatos inefficiency; your paper trail for Jobcentreplus is fine, and with the support of your care worker will help the argument for good cause (especially as you've documented mental health conditions). National insurance number on every sheet you send.

 

You've already experienced Tatos talent for losing letters. They're no better with phone calls. Confirm today's conversation in writing with a copy for Jobcentreplus and send recorded delivery, or at least get a certificate of posting. If the call's itemised on a phone bill, keep a copy.

 

We've a guide to completing an ESA50 at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

 

And there's a guide to the mental health part, which includes a factsheet, at;

 

http://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/work-capability-assessment

 

Tatos won't wait for your questionnaire, but on a balance of probability you'll get it to them before they source an audio recorder.

 

Sincerely, Margaret.

[sarahhorton]

OK well I managed to ask for a recording but they came back super quick with a new date for 27th June. I now wish to use up my one time cancellation as I am no way near ready for this but I will need 6 weeks rather than 4 weeks to reschedule. Is this possible to get this amount of time?

 

I have some urgent medical problems that will be dealt with and I will be unable to schedule for 4 weeks time It will need at least 6 weeks. How Can I make this happen so that I get the said amount of time 6 weeks. What approach do I need to use with ATOS as of course I do not want to lose my benefits.

 

Many thanks in advance for your help.

[**Margaret**]

:sarahhorton:

 

If you read the later pages of;

 

http://consumeractiongroup.co.uk/forum/showthread.php?336827-Announcement-ESA-claimants-now-have-the-option-of-having-their-WCA-recorded

 

You'll realise that an appointment for an audio recorded assessment and Atos sourcing an audio recorder aren't necessarily the same thing. So far this year I've had two appointments cancelled for lack of an audio recorder. Before you use your one chance to rearrange an appointment phone the assessment centre last thing tomorrow to check there's a machine available. If you're 'unlucky' and there is, your choices are;

 

Use your one cancellation but if you can't agree on when the rearranged appointment should be (the concessionary period for claimant request is within four weeks), Atos will insist you take whatever they have available.

 

A no show which will get you a BF223 and a chance to explain your good cause for 'failure to attend'. What decision makers consider good cause is discussed at sections 42261 - 42276 of;

 

http://www.dwp.gov.uk/docs/ch42.pdf

 

You've mentioned urgent medical problems. Do any of them involve major hospital treatment within the next twenty one days? If you've documentary evidence Atos can return your file to Jobcentreplus with a recommendation that, for now, you be treated as having limited capability for work.

 

Keep the appointment and send any supportive evidence from your doctor directly to your benefit delivery centre as soon as poss.

 

Now, I'm guessing that none of the above is what you wanted to hear, but few of us ever feel ready for a trip to Tatos. If you genuinely can't attend cos of your medical condition collect as much documentary evidence as possible for the decision maker, who'll then consider whether it was reasonable for you not to attend. And should you decide you've no choice but to keep an appointment before you can access your doctor's help, do you have anyone to go with you? Atos asssessors tend to assume that a mental health claimant who can get to an assessment by themselves can cope with a job.

 

Hope you get it sorted, Margaret.

Edited June 25, 2013 by **Margaret**