ATOS denying home visit based on my GPs lack of evidence ?

[mikv]

Hi mikv, No GP will give you a letter on the basis of a telephone consultation. It would just not stand up for many reasons including legal and ethical. If you can afford it perhaps a home visit by the G.P may be the answer.

 

Perhaps Local Patients associations/charities may help in the cost.

 

Another alternative would be to get a private physiotherapy assessment at home which would clearly state your abilities. DWP/ATOS would have to accept this.

 

I spoke some physio today who told me anything he wrote would not be accepted by ATOS and that is has to go through my GP and requested by him .

 

He suggested it would prob be better to try and get a private referral ( esp if the waiting list here is longer ) and as I already had a Specialist accept me for one years ago even before I became as bad as I am.

Edited October 3, 2013 by mikv

[**Margaret**]

:mikv:

 

Giving a friend/relative third party authority to run a bank account sometimes helps with the mental health descriptors, but I don't know of any way to prove one's not visited a bank.

 

Evidence of regular home visits for dental treatment or eye tests would support your case for a home visit from Atos.

 

You've nothing to lose from a subject access request to disability n carers anyway. Whatever evidence was used for your award of disability living may include something useful from your previous doctor.

 

Whilst Atos prefer requests for home visits to come from doctors, requests from nurses, physios, occupational therapists, etcetera are all acceptable alternatives if they're a claimant's regular healthcare professional. But I doubt any of them would visit just to provide a letter for Atos, or that Atos would accept it even if they did.

 

How do you plan to get to London? Whilst I can understand that you're more willing to risk injury for a scan than for an Atos assessment they, and a decision maker, are going ask why you can't get to one of their assessment centres. Sorry if I sound harsh, but that's the reality of your situation.

 

And no. Atos aren't going to wait until December for your convenience, although their appalling backlog of assessments may help you out. Especially if you ask for an audio recorded assessment, which is a good idea anyway.

 

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

Best wishes, Margaret.

[mikv]

And no. Atos aren't going to wait until December for your convenience, although their appalling backlog of assessments may help you out. Especially if you ask for an audio recorded assessment, which is a good idea anyway.

The only EDS specialist in Scotland has 2 yr waiting list , so what happens then ?

 

Are they going to blame me for not going before when the DWP have been perfectly happy with my evidence for over 13 yrs , and if not whose fault is that ?

 

Also that referral I was approved for 10 yrs ago to see the top EDS specalist was never made known to me at the time until I requested my complete records in late 09 , so its not like I was even aware I could of gone any way because my GP at the time never told me - nor did any one else.

 

Not just the travel its my inability to talk without physical issues , at least with doctor I can use history and write to them in advance with info ( as i do ) , i cant do that when im required to represent myself in person because of my limited ability to answer questions - which then puts me at further risk because it will just misinterpreted against me i.e. what happens if i cant answer a question I get so bad given they don't even acknowledge health problems or history ?

 

That and the fact that I will have to sit the whole time I'm doing it ( unlike at home ) just spells disaster because sitting or being upright only makes it far worse .-lying down however is a bit easier..

 

If I went to London or even Glasgow Id have to fly , and even then its big risk because its not like i can test run it beforehand..- hence why it has only been something I considered now as final resort / resolution.

 

Bottom line is I dont know if I could go even then , but if their going to stop my ££ because I do have evidence their happy with , then what am I meant to do ?

 

I have no one to represent me ( my folks are clueless ,old and have their own worries too ) so who else is there that is going to fight my corner ?

 

mike

Edited October 5, 2013 by mikv

[**Margaret**]

:mikv:

 

Right, there's several issues going on here, but for the moment I'm talking about your referral to Atos for a work capability assessment. Who's fault is it? On behalf of successive governments, Work n Pensions have raised the bar for disability benefits several times since October 08, hence their request for a work capability assessment.

 

My personal opinion is that all face to face assessments should be audio recorded unless the claimant wants to opt out. Whether or not you want an audio record, cos Atos are short of audio recorders a request for one may buy you some time to see the specialist in London or compile some more evidence for a home visit.

 

Did you describe your problems with making yourself understood on the ESA50? If you manage to get to an assessment, hand a statement about your speech problems to the assessor, with another copy to Jobcentreplus via recorded delivery. It'll come in handy for an appeal if s/he doesn't allow time for your answers. To lessen the sitting time, ask Atos for a first appointment of the session and warn them that you'll need to lie on the couch for the duration.

 

So that Government are asking the impossible from lots of very disabled, sick, and vulnerable claimants. Praps the organisation below, or a similar one, can offer you some support.

 

http://www.siaa.org.uk/component/option,com_frontpage/Itemid,1/

 

Sincerely, Margaret.

Edited October 5, 2013 by **Margaret**

[mikv]

:mikv:

 

Right, there's several issues going on here, but for the moment I'm talking about your referral to Atos for a work capability assessment. Who's fault is it? On behalf of successive governments, Work n Pensions have raised the bar for disability benefits several times since October 08, hence their request for a work capability assessment.

 

My personal opinion is that all face to face assessments should be audio recorded unless the claimant wants to opt out. Whether or not you want an audio record, cos Atos are short of audio recorders a request for one may buy you some time to see the specialist in London or compile some more evidence for a home visit.

 

Did you describe your problems with making yourself understood on the ESA50? If you manage to get to an assessment, hand a statement about your speech problems to the assessor, with another copy to Jobcentreplus via recorded delivery. It'll come in handy for an appeal if s/he doesn't allow time for your answers. To lessen the sitting time, ask Atos for a first appointment of the session and warn them that you'll need to lie on the couch for the duration.

 

So that Government are asking the impossible from lots of very disabled, sick, and vulnerable claimants. Praps the organisation below, or a similar one, can offer you some support.

 

http://www.siaa.org.uk/component/option,com_frontpage/Itemid,1/

 

Sincerely, Margaret.

 

Thats the thing Margaret, the job center cant even guarantee me a couch or someone to lie , I was hoping to record them here - all bet it secretly - and might well do any way to make sure their version isn't " edited " if I decide to , or have to appeal.

 

thanks again , and to everyone else whose responded.

 

mike

[**Margaret**]

:mikv:

 

First off, I hope that one way or another you persuade Atos to do a home visit.

 

If you can't, as you probably know, your choices are try to attend an assessment or risk a 'failure to attend'. If you choose the latter the decision maker has to consider 'the claimant's state of health at the relevant time' and 'the nature of any disability the claimant has'.

 

Do you mean Atos rather than a jobcentre, or is the situation confused cos your default Atos centre (as determined by your postcode) is in the same building as a jobcentre? Should you decide that trying to get to an assessment is the least of all the evils, consider;

 

Insistence on the first appointment of a session, which isn't usually a problem.

 

Once you get the appointment letter tell the assessment centre (don't ask) via phone or in writing, that cos of pain you'll need to lie down during the assessment.

 

Soon as you're shown into the assessment room get on the couch and stay put. Atos assessors don't like it, but they've no choice about lumping it.

 

Now I realise that what I've written is easier said than done (especially if you've communication problems) but if you can find a chaperone to intercede and help you onto the couch, assertiveness and persistence can go a long way with Atos. I've known two claimants answer questions from the couch, and it's a lot easier than defending a 'failure to attend' for which there's no assessment payments pending a tribunal.

 

Lastly you may be interested in some comments from Doctor Laura Crawford, Clinical Director for the Medical Services Contract with Work n Pensions. One of the above mentioned claimants waved her answer to question 87 at an Atos receptionist.

 

http://www.publications.parliament.uk/pa/cm201012/cmselect/cmworpen/1015/11051802.htm

 

Good luck, Margaret.

Edited October 6, 2013 by **Margaret**

[mikv]

:mikv:

 

First off, I hope that one way or another you persuade Atos to do a home visit.

 

If you can't, as you probably know, your choices are try to attend an assessment or risk a 'failure to attend'. If you choose the latter the decision maker has to consider 'the claimant's state of health at the relevant time' and 'the nature of any disability the claimant has'.

 

Do you mean Atos rather than a jobcentre, or is the situation confused cos your default Atos centre (as determined by your postcode) is in the same building as a jobcentre? Should you decide that trying to get to an assessment is the least of all the evils, consider;

 

Insistence on the first appointment of a session, which isn't usually a problem.

 

Once you get the appointment letter tell the assessment centre (don't ask) via phone or in writing, that cos of pain you'll need to lie down during the assessment.

 

Soon as you're shown into the assessment room get on the couch and stay put. Atos assessors don't like it, but they've no choice about lumping it.

 

Now I realise that what I've written is easier said than done (especially if you've communication problems) but if you can find a chaperone to intercede and help you onto the couch, assertiveness and persistence can go a long way with Atos. I've known two claimants answer questions from the couch, and it's a lot easier than defending a 'failure to attend' for which there's no assessment payments pending a tribunal.

 

Lastly you may be interested in some comments from Doctor Laura Crawford, Clinical Director for the Medical Services Contract with Work n Pensions. One of the above mentioned claimants waved her answer to question 87 at an Atos receptionist.

 

http://www.publications.parliament.uk/pa/cm201012/cmselect/cmworpen/1015/11051802.htm

 

Good luck, Margaret.

 

Dr Crawford: I have experienced instances myself with somebody who was more comfortable lying down, and in that case it would be a matter of talking to the receptionist. Not all examination or assessment rooms would be in use all day, so we would try to find somewhere for them to lie down more comfortably. If someone is very uncomfortable, that is where the receptionist is very important in trying to have them seen slightly more quickly than someone who is more comfortable waiting.

 

So what happens if they cant find somewhere to lie ?

 

I cant shout at them or talk that loud so even if I lie down on the floor their unlikely to hear me .

 

thanks,

 

mike

[**Margaret**]

:mikv:

 

'I can't shout at them or talk that loud ......' Which is why I said '...... if you can find a chaperone to intercede ......' For the first appointment of a session, the couch in the designated assessment room will always be free.

 

Throughout this thread I've been sharing suggestions that I've known to work for other people caught in this impossible situation. But there aren't any failsafe ways to resolve an impasse with Atos about a domiciliary work capability assessment. I sincerely hope that you manage to negotiate a home visit, but if you can't, the choice is try to get to an assessment centre or argue good cause with a Jobcentreplus decision maker for not doing so.

 

Margaret.

Edited October 8, 2013 by **Margaret**