Atos Medical Failed to Attend What Happens now

[billym1967]

hello i'm new and need some help and advice as i failed to attend my medical, though i did try over and over again for a home visit without success. i will give some history and whats happened so far. excuse the spelling and its long so any advise given, all the infos there

 

my medical history. quick over view was diagnosed with Server IBS at 19 (46 now) i have phyrosis (bad) have suffered years of depression, anxiety and panic attacks. i lead a restricted life, can cope with spur of the moment things but have major problems with appointments. i live my life by following very strict routines and for a few years have got by. for a couple of years ive been having night time attacks, checked for sleep appnia, they showed but it was put down to panic attacks.

 

any few of months ago got the letter to say i would be getting a phone call about the medical from Atos. was very unwell waiting for it and when i came i got very agitated on the phone as all the told me was what was in the letter. i told him on the phone i would need a home visit as id had the last three medicals, he informed me this was possible but i would probably need a doctors letter.

 

i waited for the medical form but my IBS was terrible my Phrosis was flaring and the night time attacks were becoming unbearable. anyway the medical form came, i made an appointment with the doctor as i wanted to put a letter in with the form to get thing over with quickly. the doctor did the letter but as she was concerned with the night time attacks i was referd to metal health services (been uder them before for server depression) i was coping till this started. so i sent the forms and doctors letter of and waited. so do date ive told them in a phone call a medical form and a doctors letter i cant attend.

 

a month went by and i relieved a letter from atos with a medical appointment date, not a home vist i had to attend. not understanding why i phone atos, i got this very pleasant women (not) that just because i sent a doctors letter in didnt mean i would get a home visit. she also told me because i had phoned and told yet again i had problems attending that my from would be recalled and reassessed by there doctor (Today is monday) they would get my form back tomorrow and i would hear by friday. Wednesday morning i got another letter saying i had to attend still. there medical representative had decided i was able to attend (no reason given) straight away i phoned again told them i couldn't and what could i do. as i was seeing someone from medical servises could i get them to send a fax in. i said i would as i was seeing them next day thursday. the next day at my appointment i asked and was told by the person i was seeing she would fax a letter, but also she wasn't going to see me again as my issues were that deep she was referring me higher. i phoned atos again told them again i couldn't atend and what was happening. so were now at 4 phone calls a medical form and a doctor letter saying i had problems attending.

 

two weeks went by with no replay and the day of the appointment came. i did try to attend but just couldnt get there and after a lot of problems and diaphragm, eventually got back home and steeped for 6 hours. this was friday, saturday wrote a letter to atos explaining what had happened and posted it.

 

tuesday got a letter from the DWP (about six weeks ago) asking why i didn't attend and if i couldn't attend why i didn't tell them. foaming i filled it in and aslo enclosed the letter i had sent atos. on the friday got a letter from atos saying because i didnt attend they had sent all my info back to the DWP and it was back in there hands. forming again i wrote to atos complaining about how they have treated me. got a letter back saying id been refer d to there custom services. got a being phobed of letter from them. giving no reasons for not getting a home visit and how it was out of there hands now. trouble with my illness is i'm obsessive and cant stop. so wrote again. told how well trained there medical personnel were and that my file was back with DWP. still not what was in the file i.e. records of phone calls i made and still no reason for home visit.

 

anyway as i say i'm obsessive so i wrote again asking questions. and got a part answer on why i didn't get a home visit, the well trained medical personnel had decided because i can use my car to drive to a few places or sometimes on the spur of the moment local visit. this means that i can cope with unexpected eventuality's (that's the exact phrase used) so i should be abel to attend a pre arranged medical. the person i am seeing from mental health services has already told me that most people with server anxiety caused by chronic worrying can cope with unexpected things it planed events that are the problem. also because ive been driving 30 years never had a problem in my car that i probably like my home find my car a safe environment. of corse even though atos have washed there hands of me ive wrote again questing them more had asking how a so called qualified medical person can come out with a statement like that. i await a reply still.

 

so after that my question is, why after 6 weeks the DWP Haven't been back to me?, what happens next, if atos have washed there hands of me and i don't qualify for a home vist how do i get assessed? can The DWP just stop my money or will i have to get written notice first as i Haven't refused the assessment just cant attend. i worried sick as i just don't no what happening.

 

lastly ive asked atos where i go to complain about them and the poor reason they gave, i await there reply but where can you go to formaly complain about atos. sorry its a bit long but any help and advice would be good. cheers

[**Margaret**]

:billym1967:

 

From what you've written I can identify two issues; 'failure to attend' a work capability assessment and a complaint to Atos.

 

About six weeks ago you received a BF223 letter (details of the missed appointment on page 1 with a request for your reasons on page 2). You've returned it but you've yet to hear back from Jobcentreplus. Possibilities;

 

Your reply hasn't got to the top of the pile, in the decision maker's in tray, for consideration of good cause for non attendance.

 

A decision maker has accepted good cause for non attendance on that occasion but the notification's gone astray or (increasingly) Jobcentreplus didn't send one. If this is the case they'll have returned your ESA55 file to Atos and the appointment process will start again. Unreasonably, Atos assume that if you can get in your car to drive a mile or so to your doctor/pharmacist you can cope with an hour's drive into a city centre during the rush hour. Like the descriptors, the criteria for home visits and taxis have tightened considerably since the days of incapacity benefit. Do you have anyone to help you attend an assessment? Especially if you can persuade Atos to compromise by paying for a taxi. Another letter from whoever's 'higher' might help.

 

Should Jobcentreplus decide you didn't have good cause for 'failure to attend' they'll send a disallowance notice and close your claim. It's an appealable decision but there's no assessment rate employment n support or income support pending the outcome of an appeal.

 

Complaints to Atos are really hard work. Their responses are unbelieveably patronising, and whatever the problem they're right. Last year, following ten months of letter tennis, a friend and I managed to get a complaint about Atos partially upheld. The complaint was more stressful than the subsequent appeal to tribunal. Unresolved complaints about Atos can be referred to the Independent Case Examiner.

 

Best wishes, Margaret.

[billym1967]

the problem is and ive tried to ex plane this in the last letter i sent to Atos, its alright Atos saying i can drive my car. i suffer anxiety and panic attacks, i have to use diazapham quite a lot. and depending on how much i've taken, can effect my driving. the last time i was able to used any sort of public transport was 15 years ago as the though terrify s me. i tried going out local with a friend in his car about 8 years ago and after 2 miles we had to turn back as i started having a panic attack. so since then the only way ive left my house is in my car with me driving. and as the worry and thought of the medical and meeting strangers is that bad, what happened is i did try to attend as i felt pressured to do so. after 2 attempts i got 2 miles and ended up in that much of a state i spent nearly 2 hours sitting at the side of the road unable to go forward or return home. i am trying to get help but i've been told that its not a case of thing on my mind causing worry its a case of its been going on that long that I'm living in a constant state of worry and obsess in trying to control every aspect of my life.

 

so by the sound of it i can expect a letter of the DWP at some stage and atos again and as i know i'm not going to be able to attend, looks like i will be getting my claim stopped. and if by some mirical i manage to get there my moneys stopped just the same as ATos will just say i attended so i'm well enough to work. Then theirs the appeal if i have to go that way, there normally miles away so what hope have i got. so looks like one way or another atos has got another one of benefits.

 

cheers and i expect my letter from the DWP though i have herd of someone recently who was changed from incapacity to this ESA of there medical from. and they wernt even told. the way they found out is they had been waiting a while for the medical appointments. phone up to check and were to your not having one your on ESA now. Ive told Atos in every letter that i believe the medical staff dont have enough training in metal health and me not getting a home visit is purely down to money and profits.

[billym1967]

i should have added yes i Have found the Letters from Atos very Patronizing, but after a lot of pushing they did eventually tell me the reason why i couldn't have the home visit (so no point sending letters of doctor) but thats good as it proves there staff no nothing about chronic general anxiety, Social Anxiety, panic attacks and chronic worrying, and mix them with IBS and Phorisis which are both stress related and lifes a nightmare.

[Sparkles1]

Hello billym, I am in a very similar position to you and have posted my short story on Hardship and Vulnerable forum. I will post again if I find something that might help either of us. This is outrageous to treat people like this.

Please stay strong.

[billym1967]

Hello billym, I am in a very similar position to you and have posted my short story on Hardship and Vulnerable forum. I will post again if I find something that might help either of us. This is outrageous to treat people like this.

Please stay strong.

 

Thanks for that, i'm trying to, but I'm becoming obsessed with it. my phorisis is the worst its been for 10 years, and I'm just not well at all, when the dissension comes I'll have to deal with it but its the not knowing. Getting information from Atos is impossible, they say they've sent my file back to the DWP but wont say whats in the file. but cheers and if i ever do hear anything i'll update.

[mr_mastiff]

Hi billym1967, I share many of your problems relating to anxiety, Have you got anyone that can represent you. I sent a witnessed letter to JC/DWP stating that my wife could represent me. Also when you do go for assessment you are allowed someone to answer questions on your behalf. You do not have to be isolated when dealing with them. If the DWP will not give you the information on your file, you could consider a Subject Access Request (S.A.R) were by law they would have to give you the information they hold on you. This assessment system is a horrible process if you suffer from anxiety related disorders its very hard but there are many people on this site who have won.

[billym1967]

Hi billym1967, I share many of your problems relating to anxiety, Have you got anyone that can represent you. I sent a witnessed letter to JC/DWP stating that my wife could represent me. Also when you do go for assessment you are allowed someone to answer questions on your behalf. You do not have to be isolated when dealing with them. If the DWP will not give you the information on your file, you could consider a Subject Access Request (S.A.R) were by law they would have to give you the information they hold on you. This assessment system is a horrible process if you suffer from anxiety related disorders its very hard but there are many people on this site who have won.

 

hi thanks for the info, the problem is, its not talking someone its the getting there. spur of the moment local things, or places and things ive done over and over again i can cope, sometimes using diaphragm sometimes not. what i carnt cope with is new situations, new people and appointments that i have loads of time to obsess over. and i no must would say forget about it till its time. if i could do that i wouldn't have the problems. hospital and doctors appointments i can cope with using diaz. that is till its more than simple tests. ive had a small hernia and about 6 years ago i was booked for day surgery. bear in mind i have no fear of blood needles or pain. the hospitle bent over backwards to get me in. side room, wife allowed to stay with me. nurse came in with dressing gown and i took a massive panic attack and the op was canceled. still have the hernia and i no what it might do to me one day. i am trying to get help and the person i'm seeing says theirs a lot wrong and is unsure what she can do. but one main problem is obsessive worrying and control issues, so how do i overcome that to get to the appointment even if someone comes with me.

 

ive discussed it with the wife and apart from my incapacity and some working take credit as she works part time, we don't get anything else. i know no matter what they do or threaten i wont get to Atos's medical so i'm pretty sure my incapacity will be stopped. i also know if i appeal i wont get to the tribunal as i was advised about 5 years ago to apply for low rate DLA and after several appeals which i had to do by letter as i mist 2 appointments i got knocked back. so looks like Atos and the DPW have or are going to win again. even though the wifes working tax will go up its still gonna be a real struggle to pay the mortgage but thats been the case since i stopped working. cheers but i think uless i can change there mind next time (if theres a next time) for the home visit then i think i'm knack ed.

[45002]

From reading your last post,are you now saying you have missed 3 medical appointments !

 

1 for ESA ?

 

2 for DLA ?

[billym1967]

From reading your last post,are you now saying you have missed 3 medical appointments !

 

1 for ESA ?

 

2 for DLA ?

 

ive missed 1 appointment fot incapacity or ESA and Atos have told me by letter that they have referd me back to DWP , because even though for a very poor reason, they say i can attend Ive told them i cant. so theres nothing they can do as they are refusing a home visted though nothing to do with the cost to them for a home visit.

 

the DLA i never got as i never got to there medicals or appeal appointments so end the end they turned me down.

[badbessie]

Billym1967 are you under a consultant for your anxiety related disorders. What evidence have you sent to Atos. My father as many of your symptoms and after a long fight, complaints etc he did get a home assessment but you do need the support of your GP, consultant etc. Don,t give up and let them win!!!

[billym1967]

no not under a consultant now, was about six years ago when i had the breakdown caused though a panic attack, he saw me for about six months got the depression under control. since then apart from going to the doctors every 3 months for my diazapham perscription i haven't seen anyone. i learned after the breakdown if i leave people alone and they leave me alone, if i keep constantly on the go, then i manage ok. though the night time attacks have got that bad since this started ive had to seek help which is really hard. i am seeing someone as things have got that bad but who and what they are i dont no. but i'm also very angry at the fact i seemed to have things under control. yes by leading a very control structured life. but i hadnt felt really low for a couple of years, and though all this i'm getting down. but such is life. cheers

[mr_mastiff]

Billym1967, I believe you should really see your consultant again. Firstly There are better medications to control your anxiety also new treatments etc. It will also help your claim if you an up to date review by a consultant. Billy

I learned that if I stayed in the house I could manage but when i went to the consultant after three years a lot more was there to help me. I have not been cured of anxiety but I have been able to cope with a lot more situations.

I understand that even a simple thing like going to see your GP/Consultant adds to the stress but you need as much help as possible to help your claim and more importantly to improve the quality of your life. Billy I hated not being in a structured environment and still do but sometimes you need to step out of box to get the best for you and your family.

[Sparkles1]

Billy, it is your life and you have to decide what is best FOR YOU. Don't be pushed or pulled either way (very easy to say, I know). Do what YOU KNOW in your heart is right FOR YOU, never mind what anyone else says.

[Mr K]

Don't worry too much about ATOS. I'm still waiting for an appointment to be arranged from an ESA50 from that I sent off in January, if they are still paying you, the longer they delay things, the better. Most ATOS medicals result in claimants being thrown onto JSA (when they are clearly not fit for work and a stressful appeal process that overturns the medical in favour of the claimant. As far as I'm aware the Jobcentre are pretty limited in what they can make you do as log as you are on ESA.

[Sparkles1]

Hello billym, I am in a very similar position to you and have posted my short story on Hardship and Vulnerable forum. I will post again if I find something that might help either of us. This is outrageous to treat people like this.

Please stay strong.

I didn't mean this to be aimed at posters on here (which it might look like). I was referring to people in your vicinity who may be offering assistance. It can get confusing (at least it does for me!)

 

Anyhow, if you do have to make an appeal do it soon. I have just discovered that in October something called Clause 99 will be coming in, and from what I gather, no money will be paid during appeal time. Very scary.

[Mr K]

I didn't mean this to be aimed at posters on here (which it might look like). I was referring to people in your vicinity who may be offering assistance. It can get confusing (at least it does for me!)

 

Anyhow, if you do have to make an appeal do it soon. I have just discovered that in October something called Clause 99 will be coming in, and from what I gather, no money will be paid during appeal time. Very scary.

 

I think the idea behind this was to remove everyone from ESA completely and put them on to JSA to take advantage of the loophole in the law. If you are covered by a doctors certificate, JSA will not be an option as there is a clause in that too which states that JSA claimants MUST BE FIT AND AVAILABLE FOR WORK, as I found myself last year when ATOS bungled my medical. I didn't score any points for ESA and could not claim JSA.

 

Under the clause 99 are plans to not to backdate any monies lost during appeals or wrong decisions by ATOS/DWP. They have removed the time limit which basically means that DWP will drag their feet more than they do now. Also, it looks as though the cost of the appeals has to be met by the claimant.

[billym1967]

a final update, after quite a few months of hearing nothing i decided i couldnt stand it anymore. i decided to go self employed on permitted work, after a few phone calls i was put through to the medical assessment team to find out what was happerning with my not attending the medical, very pleasent lady answered lol. i asked what was happening and was i still on incapacity or moved to ESA, i was told or asked, are you stilling getting paid. i relied yes to which i was told what does it matter your still getting your money. as the phone call abruptly went on i was informed, we have excepted the reason you have given for not attending (the reason was i suffer panic attacks and anxiety but atos refused a home visit even with a doctors not and even though ive had 3 previous home visits) but and heres the but, you are back in the que for another atos medical, i asked if i coundnt attend the last one then how could i attend the next one, i was told well if you dont your sick money will be stopped, not to do anything as there was a long que and it could be months before i got another appointment. this was Monday.

 

i decide permitted work sorted out the forms, drafted a letter, spoke to them on the phone. sent it all of Wednesday to await thre reply. saturday an official letter arrive, all excited i opened it. and imagine my pleasant surprise when i read the appointment date for 2 weeks time, a medical from atos and the day before i wanted to start permitted work.

 

last monday following some very heated and none believable phone calls to the DWP i signed off, i am attempting to go self employed with no help or support. the only help and good advice ive had is from working tax credits. and i'm really worried about it, as i own my house i cant even get help with rent so have to find the mortgage on my own. but such is life.

 

what iv learned, were no longer human beings just figures to atos and the DWP, i really hope they sleep well at night because i carnt at the moment. i'm also ashamed that i let them win and beet me down into submission. many will say its a good thing, your off benefits, and there right, but a little support for a while would have been a big help. thanks to all on here for the advise i was given a few months ago.

[worried33]

I have personally never had a reply to letters or emails sent to ATOS, the only time I get any success is over the phone, which I am aware is generally not the best idea but they seemed to ignore any letters I sent.

 

Knowing first hand how the DWP treat non attendance if you ever again cant make it to an appointment I would defenitly ring up the same day your ATOS medical center to explain why, the direct number is on the letter stating only to be used for transport questions but it goes to the reception area.

 

I would not rely on sending a latter for this as its delay delay delay, and likely ATOS bounced it back the same day you didnt attend, I expect once they did that even if you convinced them it was out of their hands and you was recorded as non atrending by the DWP.