ESA Issue waiting over 9 months

[CuriouslyGeorge]

I put in a claim for ESA in November 2013 for Chronic Pain, Chronic Fatigue, IBS, Chronic Asthma and other issues, over the last few months I've also been diagnosed with Fibromyalgia and COPD.

 

I filled in a very thorough ESA50 and sent a lot of medical evidence with it and stated sections 29 and 35 stating it would be a risk to my mental and physical health if I was found not to have a limited capacity to work after a WCA.

 

I also requested that if I had to have an assessment then I wanted it at home and recorded.

 

Haven't heard anything, I have complained to ATOS who said it would be passed onto the customer relations manager or something, my MP contacted the DWP and was basically fobbed off.

 

My Asthma Nurse and Respiratory Consultant say I shouldn't even have an assessment.

 

Can I send in more evidence? If I get some more supporting letters from my Asthma Nurse and Respiratory Consultant is there any chance that this could prevent me from having an assessment? I do have copies of two letters from my respiratory consultant already but waiting for another one to arrive.

 

My main concern though is the fact it' nearly 10 months now and II've not heard anything.

 

Does anyone have any email addresses for the DWP or ATOS where I can send them more evidence? I don't trust them to get it by post even via recorded delivery, too much stuff seems to go missing.

 

Thank you for your time.

[CuriouslyGeorge]

Does anyone know of a DWP email address where I can complain? I tried this one: [email protected] but it was invalid, thanks.

[reallymadwoman]

DWP don't accept complaints really via email, you'd be better off using snail mail. Get proof of posting at least as DWP also lose things.

 

If you're complaining about the delay, 9 months isn't unusual. I waited 6 weeks short of 2 years for my home assessment.

 

Do complain however, as it's still utterly unreasonable.

[PomBlue]

Your MP should have received an adequate response by letter from the JSA/DWP which he/she would then have relayed to you in a letter. The JSA/DWP letter would then have a phone number and an address you can use to further your case if you were not happy by the response.

 

 

This is what happened for me for my case and the letter I wrote to further my case got me into the Support Group.

 

 

These are (I'm in the London area so they may be different for you?)

 

 

Genna O'Connor at Glasgow Northgate Benefit Centre on 0141 207 0543

 

 

or

 

 

DWP Director General, Operations, Noel Shanahan, PO Box 50101, London, SW1P 2WU.

 

 

If you are not in the London area then you could ring O'Connor in the hope of getting your specific area details. What I found was that it is these people who actually have the clout to get things done and those below them are just pen pushers just following the rules so ringing O'Connor can't do any harm.

 

Actually, rereading your OP I'm not too sure my post is too applicable. Your issue seems to be one of time and of having to wait? To get a home visit you will need a doctors note which they will ask for in due course when you request for one. This site doesn't seem to have an erase button for misdirected posts.

[CuriouslyGeorge]

Thanks for the replies, I've just got a copy of the letter that the DWP sent my MP and it isn't adequate, it's a fob off letter, I have emailed and requested a supportive letter from my Rheumatologist and Respirator Consultant, hopefully they will help, when I see my Asthma Nurse again this week, I'm gonna ask her for a supportive letter too and ask her to state my problems and how they are affecting me.

 

My lung function is now 51%, I'm in my 30s and due to chronic asthma and COPD, I've lost half of my lung function plus I suffer from chronic fatigue, Fibromyalgia and IBS.

 

Waiting almost 10 months is so frustrating and I've already sent enough medical evidence but I'm going to be sending even more.

[CuriouslyGeorge]

I got an email from an ATOS customer relations manager today saying:

 

"Further to my letter to you yesterday I have just been forwarded your email below together with the attachments you sent.

 

I have sent the additional information you have provided to our Bristol office and have requested that it be linked with your file and considered when the information from your GP is returned.

 

I hope that this is helpful"

 

I haven't got their letter yet but is this usual?

 

Thanks.

[reallymadwoman]

It would appear that they are requesting further evidence from your GP or perhaps asking his opinion on whether you need a home assessment. They do sometimes contact GPs, it's not unusual. It would imply however that you're getting to the top of the waiting list.

[CuriouslyGeorge]

My GP practice manager emailed me yesterday to say they received an an ESA113 form which has been completed and sent back.

 

My worry is that I haven't had much support from the GPs there and that I've seen 6 or 7 different doctors there this year and they are not fully aware of all my problems due to the fact that I am being dealt with by specialists such as Rheumatologists, Asthma Nurses and Respiratory Consultants.

 

My Respiratory Consultant has done me a letter stating I have COPD and Chronic Asthma and how they affect me, I should get this letter through the post by Wednesday so I can send that to ATOS as additional evidence, I also have letters from a Neurologist from last year stating I have memory issues, fatigue, pain and other issues, a Gastroenterology letter saying I have digestive issues such as IBS and GERD.

 

Also my Rheumatologist is hopefully going to do me a supporting letter, would all this count for more than the ESA113?

 

Thanks.

[CuriouslyGeorge]

I saw my asthma nurse today and I'm not happy as I got a glimpse of the ESA113 form, the GP it was addressed to did not fill it out, it was filled out by a GP who I've never seen before regarding my health issues. I am getting a full copy this week and although he stated I suffer from Asthma, COPD and Fibromyalgia he missed out IBS, GERD, Hiatus Hernia, Unilateral Migraines, Chronic Fatigue and other issues and I'm not happy that because the GP it was addressed to was on holiday that this GP has filled it out, why not just wait? Although I've not seen the GP it was addressed to since March she knows my history much better.

[CuriouslyGeorge]

My Respiratory Consultant has done me a letter to say that I have chronic Asthma and COPD and my peak flows are 50% less than normal and that I am out of breath which limits my ability to perform physical tasks and that I have chronic fatigue and Fibromyalgia which further limits my ability to perform physical tasks.

 

I've sent this to the customer relations manager at ATOS who will add it to my file, will they actually take notice of this?

[reallymadwoman]

I've sent this to the customer relations manager at ATOS who will add it to my file, will they actually take notice of this?

 

Who knows? I ended up sending ATOS about 50 pages of additional evidence since my condition kept getting worse whilst I was waiting but the doc had clearly not read any of it when she finally turned up. All you can do is keep hassling them and complaining.

[CuriouslyGeorge]

Sorry to hear that, what happened with yours then?

[reallymadwoman]

6 weeks short of 2 years I finally got assessed, put in support group.

 

From my file it's obvious that everything I sent in just got filed and no one actually looked at it or reconsidered if I needed to have a face to face assessment.

[Sick1]

I sent my Atos form off in June 2013, haven't heard back yet. Frankly I thought Atos was not working now. So, I too am wondering what is going on?

[reallymadwoman]

Complain to ATOS, DWP and your MP.

[CuriouslyGeorge]

My MP contacted the DWP last month and I contacted him again last week and he said he was going to contact ATOS. I received an email from ATOS today stating:-

 

I can confirm that a Health Care Professional (HCP) reviewed the available evidence and advice was provided to the Department for Work and Pensions (DWP) on 19th September 2014 that you meet the criteria for the Support Group for Employment and Support Allowance (ESA). Your file is in the process of being returned to the DWP and you will not be required to attend a Work Capability Assessment at this time.

 

Atos Healthcare is contracted to provide independent medical advice to the DWP. However, the DWP may choose to accept or reject this advice. Ultimately, the decision on benefit entitlement and whether or not a customer is entitled to benefit and is placed in a group rests with the Decision Maker at the DWP. The DWP will contact you in due course".

[hatsanman]

well done George at least its kind of sorted now. ive now been waiting just over a year and still nothing.