ESA Northern Ireland, yet another ATOS WCA

[obiter dictum]

Quick recap

 

Moved to Northern Ireland due to the Malevolent procedure of ATOS and the DWP due to my disability.

 

January last year in the UK i appealed to the HM Courts and Tribunal service which i was successful and that it was decided i would not be reassessed for a period of three years. Because of this i moved to Northern Ireland and carried on with my claim under the reciprocal agrreement. In reality i had to close my claim down and start it up the same day as the DWP and Northern Ireland to not speak to each other being on seperate systems.

 

Earlier this year the Northern Ireland assembly accepted the DWP Welfare Reforms and i received the ESA50

 

This morning i get a phone call by a chap saying he was ESA medical services. After pushing him it turns out he was ATOS Getting me booked into a WCA. As i cannot walk very far i requested a home visit. His response was i had to get a doctor to fax a letter to them. I informed him the doctor will charge me £50.00 and would the DWP refund me. The answer was no and if i did not attend my ESA would be sanctioned.

 

So my question is?

 

Can i be forced to attend this WCA with ATOS even after the HM Court and Tribunal appeal and that i would not be reassessed fopr a period of three years.

 

Why should i be forced to pay £50.00 for a doctors letter under threat of sanction?

 

Sorry for the long winded post but after my last experience with ATOS and the WCA, i doubt i can go through that inquisition again

[obiter dictum]

As well as my question above, just had to take an appointment

 

I asked for the interview with ATOS to be recorded, they ssaid they do not do it in Northern Ireland being Social Security not DWP

 

But Northern Ireland assembly has now accepted the UK Government welfare reforms so the contract ATOS operate under on behalf of the DWP must be the same with recording interviews

[WarrenBuffet]

Do they charge for Dr's Notes now!!!?? Our system is becoming more American by the day.

[Cpt Scarlet]

I'm afraid the Tribunal can only recommend how long the claimant can go before a reassessment it is not legally binding on the DWP / Social Security Agency. If you don't attend then your claim will be closed.

 

The recording of ESA assessments is a curtesy by the DWP and Maximus, claimants have no legal right to require their assessments are recorded. You can ask if they will allow you to record but I would expect you to gave to provide the equipment, two cassette recorders should be acceptable.

[obiter dictum]

http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm130606/text/130606w0002.htm#13060670000031

[obiter dictum]

Postman's just delivered a letter. This is in regards to my request yesterday to Record ATOS work capability assessment medical.

 

Further to your telephone call on 8 October 2016 I am writing to explain the process involved should a customer in Northern Ireland wish to record their assessment. I should explain from the outset that this process has been stipulated by the Department of communities and one we are required to follow.

 

The Department for communities never require that medical assessment for the purpose of advising on entitlement to state sickness or disability benefits be recorded on audio or video tape.

 

Any request can only be agreed with the prior consent of the healthcare professional and then only stringent safeguards are in place to ensure that the recording is complete and accurate.

 

Recordings must be made by professional operator, or on equipment of a high standard, properly calibrated by the qualified engineer immediately prior to the recording being made. The equipment must have facility for reproduction so that a copy of the tape can be retained by all parties.

 

The cost of the making the arrangement rest with the customer as recording is not a requirement of the Department of communities.

 

In the interim, an appointment will be made and you will receive confirmation of the date and time by post. Please contact the service delivery lead on 0126432XX70XX before your appointment to confirm whether you have managed to source and recording equipment to enable us to make arrangements to facilitate your request.

 

Yours sincerely

 

Blah blah.