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sparky1966

Not entitled to benefit urgent advise please needed please please

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I apologise for this I thought I had posted in wrong section when I seen there was a atos category

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Hi sparky

 

For the assessor it's a get out of jail card, two things you shouldn't hand them is being uncooperative or aggressive. You had the Recording which you could transcribe afterwards. The best thing is to be as cooperative as possible, they make so many errors, infact the whole system stinks especially as they and the DWP are failing people on purpose, they know a lot of people haven't got the fight, so their they think the system is producing results.

You are quite correct that your claim date should be available to them, that's basic info the assessor should have at hand. I would complain to ATOS and the DWP in writing, ask the question? what was the point of filling in the form if nobody even bothers to look at it? Just explain that you weren't aggressive but were assertive as they should of had that information. Explain that you forget things very easily, so dates are challenging.

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:sparky1966:

 

Oh dear! You're on the wrong end of more than the usual grief from Atos, although it seems that Social Security accepted good cause, at reconsideration, for the alleged 'failure to attend'. Unfairly, your current scenario is almost certainly going to be harder to resolve and you need to make a start on it, like yesterday!

 

The normal course of events following termination of an Atos assessment under the circumstances you describe is;

 

The assessor will complete a report (ESA85A min) with her version of events, which will be added to your file and the file returned to Social Security for consideration of disallowance on the grounds that you were an uncooperative claimant.

 

1. You failed to answer her questions. The assessor should have read your file, and your ESA50 if you completed one. But Atos are very good at losing both. Also, assessors have access to previous ESA85/85A reports. Either your paperwork wasn't available, or she couldn't be bothered/didn't have time to read it. Either way, an approximation of the duration of your illness should have sufficed. Atos don't have access to technical details of claims (dates, rates, etcetera) cos they don't need them.

 

2. The assessor will probably accuse you of recording the interview. For Atos, the eighth deadly sin and illegal. It's neither, but assessors are so wary of audio recorded assessments they go bananas if they believe anyone's tried to record one by other than an official process.

 

The best advice I can offer for the moment, and what I'd do in the circumstances, is to have a very detailed statement of what happened on the decision maker's desk before s/he gets around to consideration of disallowance. Include everything;

 

That the assessor said she didn't have access to your notes. Consequently she hadn't read the documentation in preparation for your assessment.

Her mood as it appeared to you. (She seemed upset rather than she was in a bad mood.)

The previous claimant in tears.

The timings.

That you couldn't cope. Especially if your disability compromises your coping strategies.

 

By all means complain after you've submitted your evidence to your benefit delivery centre. Complaints to Atos are hard work, and won't keep your employment n support in payment. Far more important, in my opinion, to try to pre-empt disallowance. If you're unsuccessful at this stage, it's the GL24 appeal route.

 

The only Northern Ireland address I can find for complaints is;

 

Royston House, 34, Upper Queen Street, Belfast, BT1 6FD.

 

Sincerely, Margaret. :panda:

Edited by **Margaret**

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:antone:

 

Do you know whether Jobcentreplus/Social Security send out a form (I'm almost certain Tatos don't) to claimants in this situation to present their side of the story before a decision maker pronounces sentence?

 

The one previous instance I've had of this, the claimant's papertrail and a chaperone's statement won the day before we needed to find out.

 

Margaret.

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Well, they certainly used to when I worked there. We'd get a report from Atos that someone had failed to attend and send out the letter asking for "Good Cause". Only when that was received back (or the time limit expired with no reply from the claimant) was the case passed to a DM. For a first FTA, the DMs would nearly always rule in favour of the claimant if they responded with any vaguely believable reason, and a letter not arriving is certainly believable.


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:antone:

 

Thanx for your answer, but what I'm actually wondering on behalf of :sparky1966: is whether Jobcentreplus/Social Security give a claimant an official chance to rebut an ESA85A min. The form that Tatos send to Jobcentreplus with allegations of everything from non cooperation to potentially violent behaviour.

 

Whether or not there's a form won't change my suggestion that he should contact Social Security with his side of the story, like yesterday, but some people find forms easier than letters/statements.

 

Am sort of thinking that if you're not aware of the chance to rebut allegations of non cooperation, pre formal appeal, there isn't one. Very unfair if there isn't. :mmph:

 

Margaret.

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Yeah, sorry, I was thinking of a different thread, so my answer was nonreponsive :oops:

 

As far as I know, the first chance to rebut allegations made on ESA85A are at the recon stage, which I agree seems unjust.


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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:antone:

Thanx for your thoughts.

Margaret.

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:sparky1966:

 

Courtesy of Atos, through no fault of your own from what you've written, you've found yourself in a very unjust situation, again! You're not the first, and you won't be the last. But your best defence is to be pro-active and 'get in first' with your side of the story. No guarantees, but it's worked for me in the past against an alleged 'failure to attend'. And more recently, for the claimant I mentioned in #9.

 

Best wishes, Margaret.

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Hi all

 

Could I ask is it normal to get a visit to your home to discuss my ESA

 

Have been on ESA a while and on 2 occasions someone arrived at my house to chat to me about my ESA the first time I was away with wife and 2 nd time I was away this woman spoke with my wife but could tell her nothing as I claim ESA

Is this normal

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Hello Sparky.

 

Did you have advance notice of these visits please? If you did, who was the letter from?

 

HB


Illegitimi non carborundum

 

 

 

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Hello Sparky.

 

Did you have advance notice of these visits please? If you did, who was the letter from?

 

HB

 

Hi no nothing at all on 2nd visit she stated to wife she wanted to chat me on my ESA but have never had a phone call, letter from anyone and before she left she said she would call again next week

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I personally think that if any authority were just to turn up then I would question there right under human rights issues..

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Just an update on this

 

I received a letter today telling me that the person that called was from the benefits office it states they called to discuss my ESA claim to make sure I am getting the right amount ( do they think I believe that )

I'd say they calling to check up on me, has anyone else had thus experience

I wouldn't mind they state I must produce 2 forms of identification when they call next week

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Hello there.

 

This sounds like Compliance which is nowhere near as scary as it sounds. Is that who contacted you please?

 

From what I've seen here, compliance visits aren't a problem and sometimes they do find that you are entitled to more than you're claiming.

 

HB


Illegitimi non carborundum

 

 

 

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Hello there.

 

This sounds like Compliance which is nowhere near as scary as it sounds. Is that who contacted you please?

 

From what I've seen here, compliance visits aren't a problem and sometimes they do find that you are entitled to more than you're claiming.

 

HB

To be honest it doesn't say compliance officer just gives the number of our nearest dhss office but they have stated I must be there for next visit

 

Is this normal to give surprise visit no contact at all on two occasions

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Sorry, I don't know.

 

Hopefully someone else will. I wouldn't worry for now. :)

 

HB


Illegitimi non carborundum

 

 

 

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Have today received a letter asking me to attend a medical on 19th august letter was done on the 6th into much time to prepare

 

Can anyone tell me are they able to record in N, Ireland as I would like it done, after last time I was there the girl got up and walked out telling me I was not helpful enough with my answers

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Hi guys

Can anyone give me info on this. I was asked to atten a medical I have been on esa a while now so I'm taking it this is a review

The date I was given wasn't any good to me as had a hospital appointment the same day. I phoned and got this cancelled I recieved a new appointment a couple of weeks later all geared up for this to be phoned an hour before to have it cancelled. I recieved another appointment 3 weeks later I attended the medical centre to be told doctor hadn't turned up and I could cancel or wait 3hrs for him to show. As someone brought me there I couldn't make them wait

I have just recieved another appointment this time asking me to travel 55 mile to another centre which I find unacceptable the first centre is only 10 mile away and easy enough to get to

They have also asked me to be there at 9am which I will have to leave at 6am as I live out in country our buses don't come regularly and by bus it will take 2.5 hrs with 3 bus changes

Could I ask anyone for advice on this

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They should only be sending appointments where travel by public transport would be less than 90 minutes, so this is unacceptable. Phone them again and get them to change it, make a note of the date, time and persons name/record the call if you can. Then follow up in writing confirming what was said/agreed with a copy to DWP.

As you have already cancelled one appointment they may tell you that you can't cancel another, but that is their rules and isn't part of the regulations so insist that this one is unacceptable. If they won't change it, say you want the appointment audio recorded which will pretty much guarantee that they'll have to change it.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi guys hopefully someone will be able to advise

Any way I am on ESA have been for a while and will say I'm from N, Ireland too so don't no if this is any different

My problem is I did a assessment back in Nov 2014 and today yes today 14 months later have got a letter to state I got 0 points on that assessment although nothing had changed and in this 14 months I have had another operation to rectify a problem in my hand to which has not been very successful

Can I ask can this be right the letter stated it was end the day before

Any help or info greatly appreciated

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Hi guys just to ask as well have I put post I right section

Any advice greatly appreciated

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It is slightly different in NI. When you say you did an assessment in 2014 do you mean you filled in the form they gave you giving your health conditions etc? Have you had a WCA where you have had to attend a meeting with a health professional who asked you questions yet?

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Recently the Northern Irish Assembly voted to accept most of the reforms set out in the Welfare Reform Act 2012. They did this after prolonged discussion and debate and despite determined opposition to it by many in the N.I. Assembly. It almost brought the Assembly down as I recall. Apart from that there may have been some 'fine tuning' of the welfare policies in N.I. that I am not aware of.

The delay in getting confirmation of your ESA Assessment might have been due to all that was going on with regard to the above and they are only now catching up with the backlogs caused by uncertainty around the issues involved.

The first thing I would suggest would be to start by checking out this link:

http://www.nidirect.gov.uk/index/information-and-services/money-tax-and-benefits/benefits-and-financial-support/ill-or-injured/employment-and-support-allowance-people-with-disabilities.htm

Specifically the section under the heading "After your medical assessment examination"

You might also seek out any advice centres near to where you live and have a chat with them. Alternatively you could contact your local Assembly Member.

You might also get some details of what is supposed to be happening by searching for information on the N.I. Assembly, the N.I office of the Department of Work and Pensions or the N.I. Jobcentre Plus websites.

Once you get a good idea of what is supposed to be happening, the next step would be to decide on what you wish to do and then how to go about doing it. If you have any questions, ideas, propositions on what action to take next, feel free to share and we will try our best to respond.

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Hi all

Just to clarify this was after a medical at the assessment centre they use near to me I have been on ESA a few years and previously scored 0 points but went to appeal and won

So this was another medical down the line from that one in sept 2014 and. The result of that in 2016 is 0 points

So can I get this right that regardless of when you do medical they can put you of ESA if this was the case they would never need to do follow up medical

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