atos medical - so embarrassed

[jordigirl]

Just been for an atos wca, never felt more embarrassed in all my life

my health problems are:- depression, chronic phobic anxiety, and agoraphobia. I put this on my esa50 form

my brother drove me and my mum to my appointment,

 

sat in waiting room, panicking and anxious for about 15 minutes over my appointment time, before i finally got seen, by a HCP (male aged roughly 30)

 

After I had sat down and he started his assessment, he said he would start with my gynaecology problems, (menorrhagia) ( i assume my dr had it on my health report they sent them)

He wanted to know the in's and out of this problem, I was so embarrassed,

have tried finding out on the internet if this has any influence on my assessment, but to no avail

was hoping if anyone on here would know, if it would not why would they even mention it in the assessment

thanks

[rebel11]

Hi jordigirl

 

Welcome to CAG

 

I'm sure the guys will respond shortly.

[maddiemay]

I had the same, I was there due to anxiety, depression, and an unusual phobia, they went through my whole medical history, things having no relevance to my reasons for being on ESA, but I supose they have too just in case any of it is relevant now, In my opinion, I think they spend too much time on all the other medical history, and not enough on the real reason you find yourself there in the first place.

I wouldn't waste valuable energy feeling embarrassed, you'll probably never see him again, and he'd have not give you a second thought after you left the room.

 

I always failed the medical, as most people seem to do these days, but I feel appealing the decision makes it easier to get across the extent of the problems, easier to write than try to explain to a person who you know full well won't get it! Once at the appeal, they will have a more detailed description of your illness, and can ask any questions based on what you have said in your statement.

[**Margaret**]

:jordigirl:

 

Well, this is err...... different. Most people moan that Atos aren't interested in their medical history.

 

First thing to understand is that work capability assessments aren't 'medicals' as the rest of us understand the word. They're functional assessments of ability, or lack of it, to perform prescribed activities (known as descriptors) that are relevant to the workplace. There's a list of them at pages 18 - 28 of;

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

And there's some exceptional/special circumstances for an award at pages 10 - 12.

 

Now I don't know how intimate the questions were. Normally it's nigh on impossible to score points for impaired function which results from conditions like endometriosis, menorrhagia and menstrual migraine. The assessor should have restricted his questions to a very brief gynae history and its effects, if any, on your physical capability to sit, stand, walk, etcetera. And for the record, he should have started by listing all your conditions and meds, followed by questions about your 'typical day'.

 

Unsurprisingly Atos are plagued by personnel problems and many of their assessors are recruited from overseas. Cue possible language problems and, for you, a possible confusion between gynae and continence issues. Neither an excuse for inappropriate questions. Was your Mum listening to all of this? If you feel you've grounds for complaint;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?357849-Atos-Complaints-Procedure-A-Guide

(#13)

 

Whether you complain depends on exactly what happened and your feelings about it. I'd suggest that before you decide, you read the ESA85 report of the assessment. Should be available for the cost of a phone call to your benefit delivery centre and you don't have to give a reason for wanting it. If it doesn't show within a few days, repeat your request in writing via recorded delivery.

 

Sincerely, Margaret.

[jordigirl]

Thanks for the replies

 

I didn't think that my gynae problems, would have any relevance on the assessment as to scoring any points, but out of a 40 minute assessment he spent about 20 mins questioning me about it,

The questions were as intimate as a gynaecologist would ask, short of a pelvic exam, i thought he was 1, (don't really want to list the questions he asked on here as tmi ) lol

I even asked if we had to discuss this,

My mum was in the waiting room with my brother

 

There was no question of communication problems he was as english as i am

 

The rest of the assessment, took 20 mins, don't know if it was because i asked if i could leave as i was becoming more panicky and anxious

I am going to ring up the DWP and ask for a copy of the report, how long after the assessment do you have to wait to get it

thanks again

[**Margaret**]

:jordigirl:

 

Yes, too much info. I was trying to ascertain the intimacy of the questions, I don't need to know the content and neither does an Atos assessor. From what you've written, he was well out of order.

 

Unfortunately, cos of the circumstances surrounding your assessment (your Mum wasn't a witness, it wasn't audio recorded) it'll be very difficult to get a complaint upheld unless there's a giveaway in the ESA85. Most people get an ESA85, without any further chasing, within a week of the request. If you're unlucky, repeat your request in writing to your benefit delivery centre. Also, there may be an opening for complaint if your Mum was 'dissuaded' from staying with you. That's clearly against their rules.

 

Once you've read the ESA85, you'll need to decide whether to pursue a complaint, or get over what happened as best you can. Possibly with some help from whoever's treating your mental health issues.

 

A from CAG.

 

Sincerely, Margaret.

[jordigirl]

Thanks again Margaret,

 

Going to request a copy of the ESA85 report on Monday, when I get it, I will read through carefully,

and then decide if it's worth complaining about his conduct.

I may have got over the humiliation of it all by then,

 

Thanks again Margaret,

[jordigirl]

hi,

 

I rang up the DWP on Monday the 17th Febuary and requested a copy of the esa85 form

 

still waIting for it today, still also waiting for the outcome of my WCA

 

any ideas how long this will take

 

thanks

[honeybee13]

Hello again.

 

I can't quote you a timescale, other people may know, but I thought you were meant to have a copy of the EAS85 in a few days. This sounds disappointing for you, to say the least.

 

The outcome of the WCA the guys should be able to give you an idea.

 

HB

[**Margaret**]

:jordigirl:

 

I'm so sorry that Jobcentreplus (or possibly Royal Mail) are adding to your distress. ESA85 reports should be available for the cost of a phone call to a benefit delivery centre. Now it may be that your report has simply got lost. But occasionally we come across a contact centre that's reluctant to send one, so here's what to do next.

 

Letter to the address on the last letter you received from Jobcentreplus. Enclose a copy of the AL1C booklet with the pertinent paragraph underlined. And so they've no wriggle room, a subject access request form. Use the box at the top of page 3 to ask for the ESA85 report of your Atos assessment on whatever date. (Unlike a full subject access request, a copy ESA85 can be sent immediately.)

 

https://www.whatdotheyknow.com/request/recording_esas#incoming-440519

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

 

If you don't have the technology to download from the internet, quote from the leaflet and use the form as a guide for an equally valid letter for subject access. And I'd suggest recorded delivery to further restrict wriggle room.

 

Unfortunately, cos of unacceptable delays at every stage of the process, there's no way of knowing how long you'll have to wait for a decision about your capability for work.

 

Best wishes, Margaret.

[jordigirl]

hi,

Thanks for replies again

 

Rang dwp again this morning. Asked what had happened to my report I requested,

 

The girl on other end of phone said I won't received the report until I get the DM decision

 

Is this correct?

 

Thanks Again

[**Margaret**]

:jordigirl:

 

No, it's not correct! But unfortunately some contact centres think it is.

 

You'll have to resort to a written request as I've described above. You don't need to give a reason for wanting your report, but as they're being difficult it won't hurt to say you need it cos you're considering a complaint to Atos.

 

Best wishes, Margaret.

[jordigirl]

Thanks again Margaret

 

Ya a star