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ESA Medical from Doctors report.
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9 years 6 months ago #125500 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Medical from Doctors report.
LL
The ESA guides are available from the Members Only Guides link the left of the page and then the [b[Employment and Support Allowance claims[/b] on the next page, you can also get to them from the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you are still having problems then let me know which guide you are trying to download and I will check it on my system.
Hopefully ATOS will see sense and offer you a home assessment once they have seen your GP's letter, but if they don't then I am afraid you are in a Catch 22, if you do not attend then your file will be returned to the DWP who will likely close your claim, until this happens you cannot legally challenge ATOS's view that a home assessment is not required, however the process will take a long time and there is no grantee that the DWP will find in your favour.
In case the worst happens, do you have any family or friends who could take you to the ATOS offices, their assistance may make it practical, but the H&S issues will still be an issue which is why I think you should pursue this angle as well, we have had other member with similar issues fight their way to the ATOS offices only to be refused entry due these H&S issues..
Gordon
The ESA guides are available from the Members Only Guides link the left of the page and then the [b[Employment and Support Allowance claims[/b] on the next page, you can also get to them from the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you are still having problems then let me know which guide you are trying to download and I will check it on my system.
Hopefully ATOS will see sense and offer you a home assessment once they have seen your GP's letter, but if they don't then I am afraid you are in a Catch 22, if you do not attend then your file will be returned to the DWP who will likely close your claim, until this happens you cannot legally challenge ATOS's view that a home assessment is not required, however the process will take a long time and there is no grantee that the DWP will find in your favour.
In case the worst happens, do you have any family or friends who could take you to the ATOS offices, their assistance may make it practical, but the H&S issues will still be an issue which is why I think you should pursue this angle as well, we have had other member with similar issues fight their way to the ATOS offices only to be refused entry due these H&S issues..
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 6 months ago #125505 by LadyLuna
Replied by LadyLuna on topic ESA Medical from Doctors report.
Thank you both for your replies. I will give that link a go in a minute, Gordon.
I don't know if my brother would help. He has some mental health issues too and is not very timely, unfortunately, so getting there for a time with him driving might be difficult. I am prepared to give this a go. I can't be the only person who couldn't get out because of being unable to use stairs in an emergency. I wonder what they do for people with wheelchairs?
Just a moot point, do they ever not do a medical? I have not changed since the last medical.
Would it be worth speaking to DWP?
Sorry I am usually very good with these sorts of things, but this is very worrying.
I don't know if my brother would help. He has some mental health issues too and is not very timely, unfortunately, so getting there for a time with him driving might be difficult. I am prepared to give this a go. I can't be the only person who couldn't get out because of being unable to use stairs in an emergency. I wonder what they do for people with wheelchairs?
Just a moot point, do they ever not do a medical? I have not changed since the last medical.
Would it be worth speaking to DWP?
Sorry I am usually very good with these sorts of things, but this is very worrying.
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9 years 6 months ago #125507 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Medical from Doctors report.
LL
As I mentioned before, we regularly see members having issues with H&S issues at ATOS offices.
ATOS can change their mind as to whether an assessment is required, but it does not happen very often and is most usually the result of some new and significant evidence or report being submitted.
I am afraid there is little point trying to involve the DWP at this stage, they defer all responsibility for the assessment to ATOS.
Gordon
As I mentioned before, we regularly see members having issues with H&S issues at ATOS offices.
ATOS can change their mind as to whether an assessment is required, but it does not happen very often and is most usually the result of some new and significant evidence or report being submitted.
I am afraid there is little point trying to involve the DWP at this stage, they defer all responsibility for the assessment to ATOS.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 5 months ago #125850 by LadyLuna
Replied by LadyLuna on topic ESA Medical from Doctors report.
Well I have heard nothing from Atos as yet and the original appointment is next week.
Should I ask for another appointment? (seems silly if I can't there next week)
Should I email them and find out what is happening?
I don't know what to do as I told them I couldn't get there and the appointment was no good and I have heard nothing.
I can confirm the Dr faxed them a week ago.
What would B&W Mods/helpers suggest I do from here please?
The main problem I have with this is even if I am bought to the from door by someone, depending on the day, I might not be able to get out of bed let alone get ready and even walk a few steps. I cannot weight bare at all when it is bad and I have no guarantee how it will be on the day.
Thank you for your continued help and support.
Should I ask for another appointment? (seems silly if I can't there next week)
Should I email them and find out what is happening?
I don't know what to do as I told them I couldn't get there and the appointment was no good and I have heard nothing.
I can confirm the Dr faxed them a week ago.
What would B&W Mods/helpers suggest I do from here please?
The main problem I have with this is even if I am bought to the from door by someone, depending on the day, I might not be able to get out of bed let alone get ready and even walk a few steps. I cannot weight bare at all when it is bad and I have no guarantee how it will be on the day.
Thank you for your continued help and support.
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9 years 5 months ago #125853 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Medical from Doctors report.
LL
I would start by contacting ATOS again, cancelling your appointment will simply mean that you will have to attend the next appointment they give your or risk having your claim closed, so I would leave doing this until the last possible moment.
If you have not done so already, try involving your MP, it may help if you mention that you are doing this to ATOS.
Contacting your MP
Gordon
I would start by contacting ATOS again, cancelling your appointment will simply mean that you will have to attend the next appointment they give your or risk having your claim closed, so I would leave doing this until the last possible moment.
If you have not done so already, try involving your MP, it may help if you mention that you are doing this to ATOS.
Contacting your MP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 5 months ago #125855 by LadyLuna
Replied by LadyLuna on topic ESA Medical from Doctors report.
Unfortunately our local MP is not really interested in such matters. I have spoken to someone else locally. He's a Government rep if you get me?
So what do you suggest I say to Atos please? Don't want to say the wrong thing.
So what do you suggest I say to Atos please? Don't want to say the wrong thing.
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