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Just a question,

as after week 13 the amount paid each week is supposed to increase according to info on the DWP web site,

but it gives the 2 rates for the 2 groups ,

 

it would appear to assume that everyone will of been thrown to the big bad wolves (ATOS WCA) before that time,

or been placed into one of the groups without a WCA ,

 

But what happens if neither of the above have taken place after week 13,?

Are you just paid the same pre assessment rate until one of the above happens and then your money is backdated from week 14 , or do they still duck out of paying the extra money ?

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It's not supposed to happen at all - officially, all the Atos assessments should be done within 13 weeks.

Of course, in practice, that's often not how it works.

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It's not supposed to happen at all - officially, all the Atos assessments should be done within 13 weeks. Of course, in practice, that's often not how it works.

The 13week rule has been scrapped.

 

the assessment phase is to end when it is determined whether the claimant has limited capability for work.
http://www.legislation.gov.uk/uksi/2013/2536/made

 

Background on this here http://www.rightsnet.org.uk/forums/viewthread/2810/P195

 

Corruptissima re publica plurimae leges

 

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  • 2 months later...

Got the standard dreaded letter of impeading doom today with and an appointment date only 3 weeks away, at the nearest medical centre to me & which is situated on the 1st floor, there is a lift , but in the event of a fire , i would have to negotiate stairs , which i could do but at slower pace than others, plus it would cause me pain,as well as subjecting me to risk of a fall

 

I'm quite certain that i put on the so called questionnaire book(ESA50) that i struggled with stairs/Steps and one of the existing medical conditions is osteoarthritis of the knee

 

The assessment centre is around 0.5 of a mile walk from the nearest rail station, and the same distance from my home to my nearest rail station, as they provide a suggested travel plan by rail and list a route itinerary, they seem to think i'm going to walk 2 miles as well

 

And they then add insult to injury by the appointment time is just after 9am, which means that i would have to pay peak fare prices, as all the daily saver travel cards that cost around 50% less than what a standard return journey would cost And those saver cards cannot be used until after 9 9.30am (peak time) ,

Yes i know that they refund your travel expenses , but it takes them several weeks to do so, and faced with a pause in payment of benefit whilst my claim JSA or income support gets processed i'll need that money to live (buy food) because nearly Everyone knows that they will give you 0 points and find anyone fit for work regardless of their health conditions

or what their GP or consultant says , because that's what the government want and pay them to do,

 

Plus i'll have to endure some time on JSA due the recently added rules used as delay tactics called a mandatory decision, by the DWP before you can apply to appeal , done in some lame attempt to reduce the numbers of people appealing their corrupt decision's made by a private corporation employed by government

 

So with the above outcome likely i'm going to add my own delay tactics, as i have 0 to loose, starting with requesting that the assessment centre is changed to one that one the ground floor, there does happen to be one at least in the area which isn't that much further away from my home,

Then before but close to the next appointment date at the ground floor assessment centre I could further delay the process with a request for an audio recording of the farce that they call the WCA, because they the so called HCP lied the last time, and were believed by the appeal tribunal

 

I suppose i could go one or two steps further use the fail to show or re arrangement or both , Yes i', going to play them at their own sad game, Using their own system against them, if it goes wrong I'm past caring tbh,

And The government the Queen, DWP and ATOS all have never cared about the poor and vulnerable the sick & disabled , I bet they government even secretly pay some of the mainstream media (daily mail ) is one to print their propaganda Cameron has lost the plot

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RE the Farce AKA the WCA What would the likely outcome be if when they ask about your typical day ,you decided to reply no comment to their interrogation ,?

Based on the fact that whatever you said would be used in some way to find you fit for work , and that what you do during any day is your business and not theirs, in fact it could be an seen in some ways as an invasion of your privacy,

And then their is the examination is this legal ? as they are not employed as doctors and nurses but as "disability analysts" and we are not patients we are claimants , To put another way someone who is not qualified cannot legally play doctor or nurse , why should they be allowed to?

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Hi

While I can't really advise on ATOS themselves, my thread about ATOS and stairs is here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?409175-My-ordeal-with-ATOS

 

You need to make them aware of your issue with stairs as otherwise you will turn up at the centre and be refused access.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Yeah i remember reading that , what a shambles , I don't have any intention on going to the arranged appointment as I've been to that centre before i know there are steps as it's on the 1st floor, I know that i said that i couldn't repeatedly use steps without pain/discomfort one of their descriptors, And think that i also mentioned about problems with stairs/steps ,i can't remember as it was around 6mths ago,

 

I also think that they have a nerve to expect someone who lives miles away to attend so early in the morning , trains,buses will be full, the roads gridlocked ,

 

They tried similar tactics on the second appointment last time around,but i told them about the extra travel costs involved and they gave a slightly later time,

 

My plan will be to arrange an new appointment at a centre on the ground floor, Wait until they offer said appointment and delay the process further by asking for a recorded interview ,

 

Some may think this is just delaying the inevitable , and it probably is, but why should i or infact anyone else make their job any easier for them. not only this but if you do have issues with stairs they have a duty of care to give you an appointment at a ground floor centre ,and seeing as they like to twist the truth and basically lie about you , i'm going to go down the audio recording route,

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  • 2 weeks later...

Well i re arranged the appointment for the farce AKA WCA @ at a centre that is on the ground floor, they gave me a choice of 2 centres, So now waiting for them to give an appointment date, then i'll tell them i want the assessment audio recorded ,

 

As it turns out it was lucky for me that i had done the above, because even though the DWP had received my latest MED3 They for some reason hadn't updated their system with the dates from & to ,

 

i haven't been paid as yet,and if they don't get the money into my account today, they will be paying my bank charges too I wonder what the dwp could of done if i had not of changed the appointment with ATOS as it was today ,

 

i would of had the perfect excuse for not being able to attend, no money for bus/train fares, although no doubt they would of dragged their heels restoring my benefit

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Hi tommy456

 

I think all your efforts need to be focused on putting your case forward, the whole system is pathetic and 'not fit for purpose' as documented everywhere by everyone.

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Well i will be asking my GP for a letter or report on his findings regarding my medical issues, but apart from that there isnt a great deal more that i can do, should the gp not wish to give a letter for free , i'll have to go down the FOI request to the practice manager , and get the data they hold on me that way, though what good it will do is another matter ,

 

they have been known to ignore what your gp has to say,

That being the case i may as well be as difficult as possible,

nothing to loose IMO ,

 

Such as even answering no comment to questions that i feel are intrusive or irrelevant ,

because the way i see it, is this ,

if i'm regarded as the customer or claimant,

and not a patient and the person conducting the charade is not acting in their qualified capacity of a Doctor or nurse,

 

they able to ignore their Hippocratic oath ect,

then they as a disability analyst don't have any right to know about what i do daily in the privacy of my home,

They only need to know about the medical conditions that have been diagnosed by my GP and how they affect my mobility ect,

 

Not can you do go shopping,?

if you can where do you shop ?,

do you use supermarkets, ?

how do you spend your day?,

do you watch tv,?

what do you watch soaps dramas films,?

 

all the other trick questions they ask in order to paint a picture that you are in good health and therefore fit for work, that is their sole purpose,

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I just wanted to give you all a glimmer of hope - I have won my Appeal Tribunal today so please please dont ever give in. I was convinced I was going to lose before we attended especially with the rather poor evidence given by my GP but I plead my case and won so there is hope for all of us.

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I suggest reporting the GP for her comments, no way should a GP's personal opinion on taxes affect a medical decision, its irrelevant if she should pay taxes to fund benefits or not, the decision is a medical one, clearly your GP has been successfully manipulated and now cant do her job properly.

 

Sadly this is the modern world now, many GPs have become hostile to writing sick notes.

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I think there is a definite art to filling in the ESA50 and attending the medicals. It helps if you get info about what exactly they give you points for. I would always advise someone to be accompanied to the assessment . Another thing is to actually take all you medication with you to show them .

 

There are some very good support groups around that give free advice and will even proof read your ESA 50 .

Any opinion I give is from personal experience .

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one thing that confused me on Thursday was my brother was allowed to speak for me but at the first Tribunal ( it was postponed for the GP to actually bother his ass to fill in the medical questionaire) I was told that whilst he could be ppresent he would not be allowed to speak up on my behalf. seems that somebody doesnt know the rules.

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  • 4 weeks later...

I just found an old ESA 65 form from the last WCA in Jan last year

 

Just thought that i would query a point or two , One of the conditions that had been diagnosed by my GP was IBS , And it can and is problematic some of the time, and i can get very little warning, and if i cannot get to the toilet very quickly, it's a major clean up operation shall we say, not something that would be acceptable in many work places , in fact most work places have very basic WC facilities ,some you wouldn't use, others have no toliet paper, ect,

 

The so called "disability analyst" who was trained as a nurse, asked if i used pads,to which i said no, Pads wouldn't be a satisfactory alternative to being able to have unhindered access to a toilet , Here's some of what they wrote

 

The descriptors relate to a substantial leakage of urine or faeces- such that there would be a requirement for that person to have a wash & change their clothing, the descriptors do not refer too minor leakage, that could be managed by the use of pads,and do not necessitate a full change of clothing, if a person is not using pads ,they are to be considered as if using pads, as these are a widely available aid, Poor mobility (ie continence problems are as a result of time taken to get to toilet facilities ,because of mobility issues are not taken into account )

No points awarded

 

My points a full change of clothing,really ? not being able to access the toilet quickly enough due to poor mobility isn't considered an issue, that same poor mobility that they dismissed i may add , how do they sleep at night, and why should someone who doesn't use pads be regarded as someone who does use them ? When i asked my current GP about prescribing pads , he said that they wouldn't be suitable for me,as they would be too restrictive, that was his advice

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  • 2 months later...

Well just an update on the recent farce aka WCA which was on a ground floor centre and the interview was recorded as per my request,

however the result was that all too familiar ZERO 0 points scored !!!

 

my current GP no longer can write letters for patients,

infact none of the GP's in the practice do so any longer ,

 

apparently due to the amount of patients wanting letters to help fight ATOS ect and the amount of time this takes up so they made a decision at practice level to no longer provide letters, and for me to get my medical records via a FOI request would cost £50

 

currently claiming JSA

But am looking into getting a disability adviser to manage my claim for JSA as their agreement is unrealistic,

whilst i await the mandatory reconsideration (aka deter/delaying process for appeals) which i have had a letter back to acknowledge my request via telephone for it, saves the cost of sending a letter by recorded post ,

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As far as I'm aware, requesting a copy of your records costs £10.

 

http://www.nhs.uk/chq/Pages/2635.aspx

 

the £50 maximum only applies in certain cases of combined electronic and manual records, I think. If you don't need the manual records, be date specific about what you want from your gp.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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On the subject of JSA whilst i wait for this mandatory re consideration to happen (probably not any time soon) on the subject about getting a disability employment adviser who should be able to re do the so called job seekers agreement which is just expecting too much , i found this FOI request on the subject of restrictions that a claimant can put in place on the job seeking activities and the types of work that they are able to do and still qualify for JSA

but reading through some of it i couldn't believe just how much they have distorted the truth regarding the WCA

 

https://www.whatdotheyknow.com/request/205501/response/509206/attach/html/4/annex%204.pdf.html

 

https://www.whatdotheyknow.com/request/205501/response/509206/attach/html/4/annex%204.pdf.html

 

Hopefully this maybe of some value to someone who has fallen fowl of ATOS and DWP aka UK PLC (government)

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  • 3 weeks later...

The DWP have processed my Mandatory reconsideration which agrees with ATOS comes as no surprise at all.

 

i am going to appeal,

i'm considering going to the CAB, to see if they can be of any help.

 

Once the appeal form is received will the ESA be reinstated automatically following the DWP receiving a new sick note from my GP , or will i have to make a new claim for ESA ?

 

I'm currently on JSA , and failed to attend an interview at the JCP due to not being well enough on the day to attend,

i have phoned the DWP and arranged to sort it out when i next sign on,

JSA= too many pointless hoops to jump through,

 

IMO, is it likely that they will suspend my jsa resulting in yet another mandatory reconsideration in a bit to get 2 weeks money

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No. Like many addresses for government departments, the PO Box address is actually that of a secure Royal Mail handling facility. There will be someone there to sign for it.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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