Hatchet job! Need advice

Hello everyone who use this incredible website. This is my first day I’ve managed to keep my stress anxiety and depression at bay. And want to share my experience to ask if anyone else has had a similar experience. I’m going to summarise my present dispute. It would take too long to put all details in.

Due to my failing the assessment in March this last year I was told to seek JSA as I was deemed fit to work a 40hr week. My case is very complicated, due to my doctor of 5 years, leaving the practice less than one month after my assessment, thus not able to get a letter from him for the appeal.

Without going into what illnesses I have (all genuine) my dilemma is of the abusive and the despicable conniving between Atos and the DWP.

The tribunal papers plus the DWPs file are now in my possession. (the date is set for late Jan 2014 and I’m still gathering evidence due to moving home) All the descriptors about my illness have been written in a very sloppy form, leaving out all the valuable information that I gave to the HCP that should have convinced the HCP to write and disclose my serious disability as I explained it. The HPC has (in my opinion) deliberately did not enclose evidence I spoke of
.
All that aside here is what I wish to tell you all in case it happens to others in the future, as I have not come across a similar case in this forum.

January 2012 I take my now 3rd assessment in 20 years as the new Govt comes in with it’s new standards of regulation (I failed the first assessment 1980s but passed the second one 1990s) to assess people fit for work and get them off benefits. In February 2012 I pass and get put into the “support group”, (now comes the dilemma) with a letter I still possess (Atos has lost the original which they have not returned) with a review date of late February 2013.

Then the serious and indisputable reputation of Atos shows it’s negligence and cunning ways to get results for the new system. In my case it all started with a letter (which to my everlasting sadness and dismay got lost) asking me to:- “complete this ESA50 questionnaire because the benefits are now changing from ‘Income support’ / ‘incapacity benefit’ to the new ‘Employment support allowance’

I could not believe my eyes at what I was reading, (to cut a very long story down with all the detail) I immediately called the Atos offices (where I had the assessment in January 2013) and told them that I’ve had an assessment in Jan 2012 and "I was placed into the support group in receipt of ESA", ongoing, so why have they sent this new claim to change a benefit I’m already in receipt of?

They told me “You still have to complete the questionnaire and send it in within the 1 month limit”. I immediately said “ who has authorised this”? To which they replied. “The DWP”. So I later spoke with the DWP who deal with my benefits claims to ask. Firstly, A), “did they authorise this”? Answer, “NO”! , “Why has Atos said that you have authorised this”? Answer, “We don't know” C), “should I fill in this questionnaire which you didn't authorise”? Answer, “NO we do not know anything about this claim and did not give any authorisation to them
Again to my deepest regret to this day I did not get this in writing, I was in shock! (I have since written on three occasions requesting the transcript of this call, Guess what?) So with a suggestion from the DWP to inform Atos of this new information I wrote to them after mid December 2012 now with a ruined Xmas, explaining the situation.

Commencing the New Year, January 2013, I received NO REPLY from Atos to the letter I sent, but I do get a reminder to fill in the ESA50 with only 11 days to it’s deadline. Now I was very angry and agitated so I called Atos to explain that the DWP had gave no such request to Atos to “CHANGE A BENEFIT I WAS IN RECIEPT OF”!

This sent shock waves through the lady I was speaking to, and was told “oh dear we’ll call you back Mr *******”. After about an hour a different woman called me back (with a definitive orwellianic powerful voice) to say. Quote: “we have spoken to the DWP and have got permission now to do your assessment EARLIER than the review date”. After now getting a thrashing of my own, I went into a live coma (I’m still in it).

With only 5 days now to complete such a complicated form I missed out so much information that would have been added and as I have said I end up loosing the assessment. For the record I will say this, at the assessment, the HCP wrote any small point on her pad where I indicated the slightest change for the better in my health, but as I said earlier the HCP wrote nothing to indicate my present illnesses in the descriptors in my favour. Hence I was awarded 0 points!

As I now struggle to get letters and information from new doctors and old friends to help at my Tribunal, please let me know if anyone has had a similar experience. As I write this, I’ll write again to this forum to let you all know how I get on.

Lastly as a help to anyone, I’m personally going to ask the tribunal to subpoena both Atos and the DWP for that request date. (using a rule pointed out in the ‘ESA appeals section’ of this web site I’m going to do it come what may) Regardless that I have done what they asked of me. I have personally sent over 8 requests for that information. I want to show at the tribunal how breaking the law breaks peoples lives

Thanks for listening everyone. Tom

Dear Gordon thanks for your most welcome info, now I need to get off my ass, some of the evidence I will need (concerning important dates) i will have to access from my medical files!! Since learning that my assessment failed one month after my doctor of 5 years left his practice and cannot be found who would have gladly provided all the much needed evidence, i've since had two changes of doctors since may of last year which anyone knows is like loosing a lifelong friend.

Doctors are like family. After constantly chasing up my medical files, with the new doctors (paper ones) two weeks ago they have finally turned up at my new Doctors surgery.

After reading up on some of the other stuff on this brilliant site, concerning medical files, i've learned that it can take up to 40 days after a request has been put in to receive a personal copy of my medical files and will cost up to £50. my letter for the 'appeal to be heard' date was posted to me by the clerk to the court on the 11th Dec 2013.

My case is to be heard in just under 3 weeks time, could you or anyone advise if I should call them (the clerk to the court) and ask to postpone for a later date and explain the reasons given above? or try my luck with only half of the evidence i can provide at this time?

And just for the record it took my case worker at Harrow council environmental dept 'two and a half years' to update their progress for me with one of my illnesses!!!! And even then I had to chase them up for copies of that evidence from June-November 18th 2013. And only got half of it!

Alas once again thank you Gordon for your advice, hope to hear from you or anyone else soon.

Regards Tommy.

Once again Gordon thanks for your help. I'll do that first thing tomorrow morning, will keep you notified
I was also thinking they may refuse the postponement due to the time span. but I'll ask anyway no harm in trying.

Another thing I ask is apart from medical evidence, would reference letters help from people who have known me for many years and have seen how my illness affects my health?

many thanks Gordon Regards. Tommy.