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NEED ADVICE ! problems with ESA assessment doctor.

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10 years 1 month ago - 10 years 1 month ago #116636 by Scott
Hi,

Please can anyone tell me, do I have any right to request a different Doctor or 'Healthcare Professional' if I go to my ESA assessment and find that the person I am confronted with is someone I previously had problems with ?.

I'v been called to an Atos assessment in connection with my Incapacity Benefit being transferred to ESA and I'm dreading it because I had my IB stopped previously when the Atos Doctor ignored all the evidence I provided and everything I said. He basically wrote a pack of lies in his report and stripped me of the points I required to qualify for benefit and I had to go through the whole appeals process because of him !

What should I do if I get the same Doctor this time ?, should I refuse to deal with him and ask for someone else ? and if so, would this affect my benefit ?. Also, is it likely Atos would accommodate any such request 'on the day' or would I have to go back to the assessment center another day?.

I'm dreading the assessment as it's at the same office as before and I don't know what I should do if I get the same Doctor as I'v since heard that others have had similar problems with him.

Thank's , any advice greatly appreciated.
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago #116638 by Gordon
Scott

In principle you can do this, but there may be problems associated with you doing so.

First, unless you made a formal complaint against the original ATOS assessor you are unlikely to be seen as having good reason for this request, but this does not mean you should not try.

If you refuse to accept the assigned assessor on the day then it will likely be taken as a refusal to attend, so you need to contact ATOS in advance of any assessment and raise your concerns, hopefully this will result in another assessor being assigned.

You are allowed two "no shows" and then ATOS will return your file to the DWP which can result in your claim being closed, so think carefully before refusing to attend or participate.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 1 month ago #116686 by Scott
Thank's Gordon, good advice, I probably will just go to the assessment and hopefully I get a different HP this time. I can always appeal if I have any problems.

Thank's

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