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Sent request for PA4 which i got today. Not good.

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8 years 1 month ago #152376 by Boomer
OK, this is not relating to my PIP thread above but its best not to start another thread?

Called DWP today to ask when my ESA (SP) is going to be renewed... answer? Should have been reviewed a year ago.

So... questions.

1) Talk on phone to DWP ended with me just saying, "ok then, I'll just wait for the letter at some point." However, im now worried that that mere call will have knocked my ESA reassessment to the top of the list as it were. Is that likely?? Really cant cope with going through that whilst still consumed with the PIP process.

1) Does "indefinitely" on a letter from DWP regarding ESA really mean no such thing? Im guessing it means, till rules change in reality?

Thanks for info.

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8 years 1 month ago - 8 years 1 month ago #152378 by Gordon
Boomer

I can't state with 100% certainty that an ESA re-assessment won't be initiated but there is no good reason why one should be, these decisions, if indeed that is the right word, are made by a computer scanning the claimant database and selecting those that match the criteria being used at that time.

Although ESA is an indefinite award we would expect all claimants to be regularly re-assessed, ignoring the deferral of re-assessments that we have had over the last couple of years, we would expect members of the Support Group to be re-assessed at least every three years.

For a very small number of claimants, re-assessments will be done without them being contacted, for some only an ESA50 will be needed.

ESA claimants cannot be found Fit for Work without a face to face assessment being done.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.
The following user(s) said Thank You: Boomer

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8 years 1 month ago #152382 by Boomer
Thank you Gordon,

Huge appreciation for the information as always.

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8 years 1 month ago #153367 by Boomer
Finally got my reply from ATOS about the complaints I made.

Most of them were glossed over or ignored entirely.

There was a very carefully worded apology at the end which masterfully manages not to be an apology when you read it carefully.

They also managed to copy and past a section into the letter from another reply to someone else's complaint, I kid you not! It goes on to mention a person by name and state that the reply is about this man who is "my son". Incredible ineptitude.

May I ask a few questions please regarding some items mentioned in the reply I got?

The reply was from a Mr Rodgers (please delete if not appropriate?) a PIP Client Relations Case Officer for ATOS.


1) Can ATOS be served with a SAR?

2) Much was made of the fact that the Alternative Health clinic I was assessed at had never dealt with a recording before and were unaware of procedures. This included the HP. Surely that in effect states that the HP and centre are not trained to the level ATOS themselves state they are? Contravening their own Charter and DWP guidelines no doubt?

3)They go on to state that as the recording was at my request, the fact that it was effectively "lost" for 2 weeks would not have prejudiced my claim if the DM at DWP had needed it. In effect, they say the DWP *never* request a recording from ATOS during the decision making process? That seems unlikely especially as the DWP are so strict on the methods of recording etc.

4) A "Management Team of the HP" is mentioned a few times. Is this entity based at the assessment centre itself or is further up from there? Some of the wording is odd and infers the Team is at the centre on one occasion and not in another?

5)The Management Team again.... the reply says the Management Team were given the tapes right after the assessment and stored them in a safe at the centre. If that's so, then they must be at the centre? He didnt give them to anyone in reality but that's a moot point at the moment.

6) The letter end by saying the complaint is closed effectively but if I am "unhappy with the response" I can contact him. It goes on to give his email address and standard PO Box number etc. Can the complaint be taken above the head of this gentleman within ATOS?


General notes not requiring an answer as such but might interest people going through the PIP complaint process... most of below is in contravention of the DWP guidelines and/ or ATOS own Customer Charter as I highlighted in my complaint letter to them:

My complaint regarding the HP looking at his mobile during the assess was totally ignored.

Complaint about his seating position (sat away from me) and constant typing making assessment of eye contact etc somewhat ridiculous was ignored.

The fact the HP hadn't read my medical paperwork before the assessment was ignored.

My complaint about the HP constantly cutting me off during describing my daily living was ignored.

My concern over the HP making assumptions about how OCD effects cognitive functions were ignored.

In summary, much of the reply was copied and pasted "its not ATOS making the decision" etc etc "well trained as a Disability Analyst" etc etc

Things more difficult to answer were spun in typical corporate speak to evade answering a complaint directly. Most of my complaints, even quoting how they go against DWP guidelines were... totally ignored. Simply as if I had not even mentioned them.

As ever, thanks for any help given. I shall be pressing ATOS on this, just some extra info would be of great help.

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8 years 1 month ago #153369 by Boomer
I now realise what has happened, ATOS replied to an email I sent rather than the actual complaint letter I sent recorded delivery and email! ..... Ive sent him an email pointing out they reply is in response to the wrong correspondence and also pointed out he is copy and pasting confidential client data in a seemingly haphazard way to ATOS "clients".

The above questions in first post are still relevant though.

Also, how long do ATOS have to reply to complaints,. cant seem to find it on their site?

Thank you!

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8 years 1 month ago - 8 years 1 month ago #153416 by Gordon
Boomer

To try and answer your questions

1. Yes you can send a SAR to ATOS, they may charge you for doing so. I'm not sure what customer information they hold that you do not have access to via the DWP.

2. I'm afraid I don't agree with your conclusion, their role is to provide disability assessments (I'm deliberately not commenting on their ability to do this), I would see validating that recording equipment is set up correctly and managing the recording process as being outside of this.

3. I can't comment on the DWP's management or not of the recording tapes, as far as I can remember (and my memory is no longer perfect), I cannot recall a single case where the DWP have reviewed the recordings made at an assessment, .

4. I would expect there to be local line management at the office and more senior management either regionally or centrally.

5. Can't comment

6. You would need to ask what their complaint procedures offer, they may include you escalating to the Independent Case Examiner.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.

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