I read on my ESA claim form that an ATOS medical may be required and should take place within 13 weeks of making a claim. It has been 7 months now and I have not heard anything. I have called ATOS a couple of times to be told they will be in contact soon.

Two questions really.....is this normal to wait so long? And, are they not in breach of some law / duty of care for failing to conform to the timescales as set out ? If we don't send our forms in on time we are penalised......

plankgirl wrote:
Hi pg,

The 13 Week Assessment Phase is pertaining to "Fresh Claims" of ESA, not for when a claimant is being migrated over to ESA from IB, SDA or IS.

Is yours a "Fresh Claim" or are you a "Migrant"?

bro58

plankgirl wrote:I'm posting this now, in advance of your answer, as the forum is about to close.

If this is a new claim, and only if it is a new claim, and you have have not yet attended a Work Capability Assessment, then you should get face to face advice from your local CAB or Welfare Rights office, new guidance to the DWP may mean that you should be in receipt of the Work Related Activity Component in addition to the assessment rate you will be receiving currently.

Gordon

bro58 wrote:
As the forum closes to new posts at 10PM, if it is a "Fresh Claim,and not a "Migration" then YES, you should have been assessed by ATOS, by the end of the 13 Week Assessment Phase, and been given a decision of an award of ESA (Or not) by the DWP DM.

If you have only been receiving assessment rate of ESA for all this time, this is truly disgusting, and wrong, see :

Understanding Employment and Support Allowance
Our 42 page introductory guide to ESA.

Which is the 2nd link on this page :

ESA Guides

You may wish to involve your M.P., see :

Contacting your MP

And make an official complaint to the DWP and/or ATOS, see :

Complaining to the DWP

Complaining to ATOS Healthcare

If you are eventually awarded ESA in The WRAG or SG any Components owed should be backdated to the start of week 14 of your claim.

You should also seek face to face profession advice on this issue as this ridiculous delay is clearly wrong,and may be errant in law, see :

Where to get advice? .

If you are being "Migrated" over to ESA from IB, SDA or IS, and you have returned your ESA50 when required, and are still in receipt of your IB, SDA or IS, the ball is firmly in their court.

bro58

bro58 wrote:
See also : ESA40

The rates of benefit etc, included in the above, are not current, pertaining to 2012/13 rates.

bro58

Hi pg,

Again, only if it is a "Fresh Claim" for ESA, and not a "Migration", and you have not yet received an ATOS "medical" assessment, this actual scenario has been discussed for some time in this very long thread on rightsnet, here :

www.rightsnet.org.uk/forums/viewthread/2810/

Of course, it may all seem "Gobbledegook" to the normal lay person, however if you manage to gain contact with an advice service, it may well be worth your while bringing the above rightsnet thread to their attention.

bro58