BREAKING NEWS - REPEAT WCA medicals to be stopped

[sirbob10]

I rang yesterday regarding my husbands assessment as he was placed in the support group last March and he was expecting to be reassessed in April 2014. I was told his assessment had been deferred to April 2016.

[tommy456]

I'm waiting on the news reporting that they have stopped doing all WCA's better still news that the WCA has been scrapped altogether

[obiter dictum]

This charging for appeals is misinformation and propaganda again. You cannot charge for these appeals.

 

Appeals are handled by HM Court and Tribunal Service. As with any civil action, fees are means tested. If you are on certain state benefits such as ESA, your are exempt from these fees. That is why when you make these appeals you are never asked if you qualify for the rebate

 

This will also be a constitutional issue as it is limiting access to natural justice. It will never get passed the house of lords as a statutory instrument cannot be used on this issue

[Guest 888]

DWP's memo stated that this is an operational decision - however wouldn't the application of the 20 January cut-off point warrant indirect disability discrimination under the Equality Act 2010 as the application of an "apparently neutral provision, criterion or practice which puts persons sharing a protected characteristic at a particular disadvantage" (EA 2010 s.19(1), 19(2)) - in this case discriminates against the group of repeat WCA referrals which are still scheduled to be carried out after 20 January?

Especially as the Court of Appeal on 4 December 2013 upheld a ruling by the Upper Tribunal in May 2013 that DWP’s assessment process for Employment Support Allowance discriminates against ESA claimants with mental health problems by putting them at a substantial disadvantage.

[**Margaret**]

:888:

 

Well now, the first thing we all have to understand is that Tatos think the Equality Act doesn't apply to them;

 

http://disabilitynewsservice.com/2013/04/atos-pays-out-to-man-left-in-pain-and-distress-by-assessment/

 

And Work n Pensions deny contravention of the Equality Act despite a Court of Appeal ruling that the work capability assessment discriminates against claimants with mental health conditions.

 

http://www.disabilityrightsuk.org/news/2013/december/govt-no-action-wca-mental-health-case

 

In my opinion, Atos and the Department continually discriminate against disabled claimants; lack of Braille/large print literature, the presumption for phone contact, the ridiculous restrictions on recorded assessments, in fourth floor assessment centres, etcetera. But I don't understand equality legislation well enough to comment on whether their shenanigans constitute illegal discrimination.

 

Given Work n Pensions inaction to date (I've not heard or read anything) over a return to the judicial review, I doubt they'll be concerned with any perceived discrimination caused by the deferred reassessments. If there's a challenge of discrimination against claimants like your friend, who were referred for reassessment before 20 January, I think the Department will quote the 2008 regulations.

 

http://www.legislation.gov.uk/uksi/2008/794/contents/made

(Reg 19 (7))

 

'The Secretary of State may determine afresh whether the claimant has ...... limited capability for work.' Doesn't say he has to. Have a look at the last question in the annex to the memo. They use the same argument for not always sending ESA50 questionnaires.

 

https://www.whatdotheyknow.com/request/repeat_esa_medicals_deferred_for#incoming-496046

 

, Margaret.

 

 

 

[sillygirl1]

It IS breaking the Discrimination Act to single out any particular group of people with a protected characteristic, and disability is one of them, whether physical OR mental.

 

It is also probably breaking the Discrimination Act on two or three different grounds, other than the protected characteristic side.

 

I've never agreed with ATOS checking everybody, like the stupid work providers they should not have a blanket mandate to screen ALL candidates, but concentrate on the ones where 'reasomable doubt' exists on the long term detrimental effects of their alleged disability - including extensive financial and background checks.

 

If you think about it the ATOS assesors are actually undermining the skills and knowledge of the GPs, who are far better placed to decide whether somebody should work or not or is capable of doing 'some' work.

 

The whole benefit reform system needs taking back to the drawing board and re-doing, it is not working and is in fact blocking genuine claimants from the system, whilst allowing poverty to take over and make genuine claimants situations far worse.

[delilahsahb]

I have just phoned about my ESA claim as its due for renewal on the 11th of June. I am in Scotland and was placed in the support group (contribution based) for a year. The DWP told me that I will be called for a medical but there is a huge backlog with ATOS and it may be as late as September before I am called or even later. No definite date was given but ive not to worry as I will be getting paid until I get a new medical. She gave me Atos number to phone if I am worried??? As long as im getting paid im sure not going to phone ATOS and bring myself to their attention and im definitely not going to worry about it.

[Belfaster]

Yes, it could be a LONG while yet as the whole system is in utter chaos. I believe in parts of London the waiting times are horrendous, just shows you what a total shambles the current welfare system is!

[geriann]

all current employment and support allowance (ESA) claimants will be left on the benefit, without further medical checks, until another company can be found to do repeat work capability assessments (WCAs).

 

Therefore, with effect from 20 January 2014, further routine repeat assessments referrals to Atos will be deferred until further notice.

 

so how come i got a letter recently from ATOS saying they booked me for a medical assessment on the 19th of May?

 

this is my post about my ATOS assessment: http://www.consumeractiongroup.co.uk/forum/showthread.php?424525-Atos-medical-on-Monday-19th-May-please-help!&p=4534660#post4534660

[liverbird37]

My part of East London, appointments are sent out very quickly. Only takes about 4wks from them receiving completed ESA50 to them sending medical appt. I too have received my renewal for May. Business as usual according to Atos and DWP so don't rely on being left alone for 2yrs as many are now finding out this isn't happening. Stay prepared and get all your evidence together. I stupidly believed the 2 yr deferral and had to scrape together all my evidence at the last minute. The DWP are still referring people to Atos for ESA renewals and not just for new claims or change of circumstances.

[worried33]

so how come i got a letter recently from ATOS saying they booked me for a medical assessment on the 19th of May?

 

this is my post about my ATOS assessment: http://www.consumeractiongroup.co.uk/forum/showthread.php?424525-Atos-medical-on-Monday-19th-May-please-help!&p=4534660#post4534660

 

Hello

 

This is because you was already referred, you got the ESA50 before they made the changes, so you are someone else who has misunderstood what happened, people already referred will stay referred.

[worried33]

My part of East London, appointments are sent out very quickly. Only takes about 4wks from them receiving completed ESA50 to them sending medical appt. I too have received my renewal for May. Business as usual according to Atos and DWP so don't rely on being left alone for 2yrs as many are now finding out this isn't happening. Stay prepared and get all your evidence together. I stupidly believed the 2 yr deferral and had to scrape together all my evidence at the last minute. The DWP are still referring people to Atos for ESA renewals and not just for new claims or change of circumstances.

 

 

Yes I suspect this automatic deferral is not nationwide, I think its possible they may only be doing it in areas overloaded, my area also sends out appointments very quickly, so we may have a new postcode lottery on our hands. I said before if they applied this nationwide then areas not overloaded will have atos staff sitting twiddling their thumbs.

[geriann]

oh i see.

lucky me!

[worried33]

yes this is a luck game, you rolled the wrong dice

 

likewise eventually they will reverse this operational decision and people who's referrals fall after that point will end up having earlier WCA's than those who should have done before them but were lucky to fall in the deferral time period.

[Zarbafi]

I wonder if anyone can clarify for me,

 

as I understand all ESA claiments who were being dealt with by ATOS

if they did not have their renewal started (new ESA 50 sent out) before the 20th of January this year

had their ESA reassessment automatically deferred.

 

I believe even ATOS on its website stated that it would no longer be carrying out reassessments due after the 20th of January 2014

and that it would only be doing PIP and new claims from that point.

 

Are the people who are saying they have been called for reassessment after the 20th of January this year definetly being processes by ATOS?

 

Other than that I think that the DWP can still manually refer individual cases for reassessment

which would then go though as usual but that for the most part people were being automatically defered for the time being.

 

I myself am in Scotland and was due to get an ESA50 in septemeber from ATOS

but I've recieved nothing so assume I have been deferred.

 

I have not contacted ATOS or the DWP as I am aware of why I haven't heard from them.

 

Do you think those saying they are being reassesed have either been manually referred for some reason

or are not being seen by ATOS but rather another provider?

 

It would be good if ATOS & the DWP were clear on exactly what is happening

instead they insist on being vague about what they are doing which isn't helpful at all.

 

With that in mind I do agree with the others who say keep up to date with all your record keeping etc!

[liverbird37]

My re-assessment is with Atoos and is a bog standard run of the mill re-assessment. As mine was due in May, I expected to be deferred, but was referred to Atos bang on my re-assessment due date.

 

I phoned through to Atos to check when I was referred to them, thinking it may have been done in January, but it was done in May. I know of many that are finding it's business as usual.

 

When I questioned both Atos and the DWP about the deferrals, I was told that re-assessments were going ahead as normal, and the DWP confirmed that they were still referring people to Atos for re-assessments as normal.

 

This has also been confirmed by many others on the B&W site, others who expected to be deferred, but were also referred on to Atos by the DWP very recently, also for bog standard re-assessments.

 

These claimants were also all told the same information as myself, that it's business as normal and the DWP were continuing as normal. None of us reported any changes in circumstances. Atos have also taken the info about only dealing with new cases etc off their website.

 

I was a bit miffed at first, but am at least glad I'm now not in limbo wondering if or when the dreaded form was going to make an appearance. Forewarned is forearmed as they say.

 

I am in the East London area and doesn't appear to have many delay issues, so am guessing that this was meant as a temporary measure in severely backlogged areas, as a way of getting claims dealt with quicker.

[geriann]

i'm having my medical Thursday.

does this mean after that medical i wont get asked for anymore medicals?

i'm guessing i'll still get the ESA50 form? yearly?

[Zarbafi]

My re-assessment is with Atoos and is a bog standard run of the mill re-assessment. As mine was due in May, I expected to be deferred, but was referred to Atos bang on my re-assessment due date.

 

I phoned through to Atos to check when I was referred to them, thinking it may have been done in January, but it was done in May. I know of many that are finding it's business as usual.

 

When I questioned both Atos and the DWP about the deferrals, I was told that re-assessments were going ahead as normal, and the DWP confirmed that they were still referring people to Atos for re-assessments as normal.

 

This has also been confirmed by many others on the B&W site, others who expected to be deferred, but were also referred on to Atos by the DWP very recently, also for bog standard re-assessments.

 

These claimants were also all told the same information as myself, that it's business as normal and the DWP were continuing as normal. None of us reported any changes in circumstances. Atos have also taken the info about only dealing with new cases etc off their website.

 

I was a bit miffed at first, but am at least glad I'm now not in limbo wondering if or when the dreaded form was going to make an appearance. Forewarned is forearmed as they say.

 

I am in the East London area and doesn't appear to have many delay issues, so am guessing that this was meant as a temporary measure in severely backlogged areas, as a way of getting claims dealt with quicker.

 

I think you and the others getting reassessed but be very unlucky. As far as I can tell in general assessments after January 20th have been defered. I did read of another couple of people on another forum who had been unexplainedly reassessed after the cut off point and who were also told that referals were taking place as usual. However another poster said the first memo that the DWP sent out internally to staff apparently told staff to be vague about the deferrals. I would guess this is because the 2 year deferral length is ball park and could alter at any time. Also the DWP are perhaps randomly selectng cases to be reassesed? I have a letter here from the DWP which states that as off the 20th of January 2014 the decision was taken to temporarily defer routine assessments for those already on ESA in both groups. My reassessment was due a few months ago and currently I have had nothing from them. The deferral is well known to most of us on ESA and I am sure that if most people were still getting reassessed as normal then the various benefit sites would be swamped with people querying their reassessment, as it is only a few unlucky ones seem to be getting reassessd at present.

 

It is very unfair and it would seem none of us can really relax and forget about the reassessment process as it make still hit anyone of us at any moment.

[Belfaster]

I don't think there will be any deferrals here in N Ireland, I am due to be reassessed in November, so will be expecting the dreaded envelope through my door in September.

[worried33]

There has been nothing to state its a blanket policy across the country, its logical that they are only doing it in areas where the waiting lists are long.

 

That leaked memo stated they starting to automatically defer people, it didn't say they are doing this for everyone.

 

Also this will be why there will be no official communication from the DWP on this, they are not going to be sending out letters or making public statements because when they do that everyone will want the deferral as if it is their right. Given my area has no delays I am fully expecting to be referred when its my time, I will be very surprised if I am deferred. Sadly this is a new postcode lottery added to the already existing postcode lotteries in place.

[liverbird37]

I completely agree with Worried. I called the DWP & Atos again yesterday to see what their official line is now. Well, the DWP cut me off twice after I mentioned the 2yr deferral. The 3rd guy I got was very aggressive, & stated that it was only exceptional cases that were being deferred, and not applicable to all re-assessments.

 

Atos confirmed this, and still continue with the "business as usual" line. They added that referrals for re-assessments are coming through to them as normal, and the percentage being deferred is very tiny.

 

It doesn't help when websites (not this site) are informing members that there is no need to worry about being re-assessed as they have been cancelled for the time being. When this was questioned, and members explained that they weren't being deferred, this was put down to a one- off error and nothing to worry about.

 

This is the only site that has been realistic about the possibility of "business as usual" and has kept people informed that the chances of being deferred are not a fore-gone conclusion. Certainly with the Romford office, deferrals don't appear to be happening, and i'd advise anyone who uses that office to be prepared to NOT get a deferral.

 

I was so chuffed when I read that memo from DWP on the B&W forum. It unfortunately gave me a false and inaccurate sense of security. I have been in the support group for 2yrs (2 assessments) with progressive chronic incurable illnesses, so not likely I'm being picked out on the off chance I may be getting better. As worried has already said, please please prepare as if it is business as usual, that way you won't get yourself into the same state of stress and panic I did when the unexpected ESA50 arrives

[osdset]

The blanket deferral thing just had to be too good to be true. This is just one of the reasons I avoid the B&W site, I don't agree with charging for advice for a start, but if you're going to dole out advice or news then at least make sure it's valid.

[liverbird37]

You couldn't have put it any better. I no longer subscribe, but checked out their view on the deferrals, and even yesterday they were still informing that no re-assessments were going ahead.

I pity the poor claimant whose ESA50for re-assessment has got lost in post, claimant believes due to advice given, that they have no need to worry, there are no re-assessments happening. Claimants money gets stopped as they failed to get form back in time, blissfully unaware of the mess they are now in.

 

Believing this advice very nearly got myself up the creek without a paddle or boat, and stressed the absolute life out of me, more so than if I had been expecting the form to arrive

[delilahsahb]

I wouldn't trust the DWP as far as I could throw them. My husband finished work due to ill health and tried to claim ESA, we filled in the forms and sent them back and didn't hear anything from them so I phoned them and they said they had sent a letter out asking for further info but we never received the letter (despite me collecting my post daily from the post office and knowing my postie personally). They cancelled my husbands claim as they were adamant that they had sent the letter which we mysteriously never received.

Its due to my experiences with them in the past that I phoned them when I didn't receive my renewal form or assessment date in May just to double check that they weren't going to say it had been sent. I would advise anyone due a renewal form or an assessment to keep themselves right and check with the DWP because their letters appear to sometimes get abducted by aliens.

[Zarbafi]

I went though offical channels and got a letter from the DWP which says that from the 20th of January routine reassessments are being deferred it doesn't give a time span but it does confirm the deferrals. However this could just perhaps apply to my area. This is on atos's own website which also says "routine" deferrals have been stopped for the time being.

 

Again I do agree that nobody can be complacent, thinking that they will not be assessed again for 2 years as far as I can remember I haven't seen anything offical in writing about the actually time scale of the deferrals and of course any one individual person maybe referred at any time by the DWP and perhaps depending on where you live in the UK the amount of reassessment referals varies quite a bit, a postcode lottery as others suggest.