Hatchet job! Need advice

Hello again Gordon

Going back to my first post and your reply, please could you clarify for me the part were you said, “Unless your issue was escalated to a manager within the DWP, the person you spoke to on the form was likely to be a member of the ESA Call Centre, even if they have access to the information about whether a re-assessment is in progress, they have no authority to tell a claimant that they should not complete an ESA50”.

And, “Whilst there was confusion between ATOS and the DWP, the fact that you were told, albeit in the end, that a re-assessment was in progress will count against you”.

My question being, I doubt that the DWP had a re-assessment against me in progress at that time. I concluded this by the first call I made to ATOS, when the lady replied to my telling her that I was, “already in receipt of the new benefit in the support group”, to which she firmly told me that, “Yes, but You still have to fill it in”, (the ESA50).

After telling me that it was authorised by the DWP, and I made the call to them and was speaking directly to a gentleman (his name was Paul with an Irish accent) at the Belfast office who deal with all my benefits, he was adamant that no re-assessment was in progress, also confirming that I was in the support group and that my review date was for on or after Feb ** 2013 not Dec 2012.

What I’m angry over Gordon is the ATOS lady who I spoke with last, on the 2nd Jan 2013 who said: “I have now spoken to the DWP and they have said it is ok for us to do your assessment”, “earlier”! Which to me indicated that ATOS were not authorised by the DWP to re-assess me at the outset in Dec 2012.

This is what gets my mad up Gordon, the ATOS HCP sank me on the assessment all to easily. There was no computer in the interview, it was very informal and the HCP only put pen to paper like a crash of metal at the slightest use of my wording any sentence with words like: “feeling a little better”, “has improved”, “appeared to be” and “advised the HCP the problem was getting better”? Which I read in the HCPs descriptors with umpteen repetitive answers.

Worse still, the HCP wrote absolutely nothing about how I explained the effects of the various illnesses to the HCP who answered them in a trivial manner as if I had no illness in the summing up of 80% of the HCPs descriptors.

This is why Gordon I want this cock up pointed out at the tribunal, and the effect it had upon bringing a greater lack of information than what I gave at my last appeal and the distress caused by my completing the recent and rushed ESA50 questionnaire.

Anyway Gordon lastly I called the clerk to the court the other day who kindly informed me that I can still proved info up to 7 days before the hearing which confirms the written word. And I can still bring evidence not more than a page and one half of a page of A4 on the day of the hearing.

Again thank you for your advice Gordon, regards. Tommy.

Tommy wrote: Hello again Gordon

Going back to my first post and your reply, please could you clarify for me the part were you said, “Unless your issue was escalated to a manager within the DWP, the person you spoke to on the form was likely to be a member of the ESA Call Centre, even if they have access to the information about whether a re-assessment is in progress, they have no authority to tell a claimant that they should not complete an ESA50”.

And, “Whilst there was confusion between ATOS and the DWP, the fact that you were told, albeit in the end, that a re-assessment was in progress will count against you”.

My question being, I doubt that the DWP had a re-assessment against me in progress at that time. I concluded this by the first call I made to ATOS, when the lady replied to my telling her that I was, “already in receipt of the new benefit in the support group”, to which she firmly told me that, “Yes, but You still have to fill it in”, (the ESA50).

After telling me that it was authorised by the DWP, and I made the call to them and was speaking directly to a gentleman (his name was Paul with an Irish accent) at the Belfast office who deal with all my benefits, he was adamant that no re-assessment was in progress, also confirming that I was in the support group and that my review date was for on or after Feb ** 2013 not Dec 2012.

What I’m angry over Gordon is the ATOS lady who I spoke with last, on the 2nd Jan 2013 who said: “I have now spoken to the DWP and they have said it is ok for us to do your assessment”, “earlier”! Which to me indicated that ATOS were not authorised by the DWP to re-assess me at the outset in Dec 2012.

This is what gets my mad up Gordon, the ATOS HCP sank me on the assessment all to easily. There was no computer in the interview, it was very informal and the HCP only put pen to paper like a crash of metal at the slightest use of my wording any sentence with words like: “feeling a little better”, “has improved”, “appeared to be” and “advised the HCP the problem was getting better”? Which I read in the HCPs descriptors with umpteen repetitive answers.

Worse still, the HCP wrote absolutely nothing about how I explained the effects of the various illnesses to the HCP who answered them in a trivial manner as if I had no illness in the summing up of 80% of the HCPs descriptors.

This is why Gordon I want this cock up pointed out at the tribunal, and the effect it had upon bringing a greater lack of information than what I gave at my last appeal and the distress caused by my completing the recent and rushed ESA50 questionnaire.

Anyway Gordon lastly I called the clerk to the court the other day who kindly informed me that I can still proved info up to 7 days before the hearing which confirms the written word. And I can still bring evidence not more than a page and one half of a page of A4 on the day of the hearing.

Again thank you for your advice Gordon, regards. Tommy.

Hi T,

Gordon is not online tonight.

"Going back to my first post and your reply, please could you clarify for me the part were you said, “Unless your issue was escalated to a manager within the DWP, the person you spoke to on the form was likely to be a member of the ESA Call Centre, even if they have access to the information about whether a re-assessment is in progress, they have no authority to tell a claimant that they should not complete an ESA50”.

What Gordon was basically saying, is that when you ring the 0845 number, initially you will speak to a DWP "Call Responder" in a Call Centre.

These Call Responders have very little knowledge of the benefits system and are infamous for giving out errant information, and have very little executive powers.

Therefore, unless you requested a escalation to a Supervisor/Manager, you should not rely on what you have been told.

Assessments/ Reassessments have to be instigated by The DWP WCA Team that deal with ESA in your catchment area, and they have to refer/re-refer you to ATOS, who will then send out The ESA50 and carry out The WCA (reassessment)

Unless you actually spoke to a member of The DWP WCA Team, then again you cannot rely on what has been said on the phone.

I would highly recommend that any important communications to The DWP are made in writing :

Sending Documents to the DWP or ATOS

Communications with ATOS can be made by e-mail :

This email address is being protected from spambots. You need JavaScript enabled to view it.

You will then have a paper trail, which is far better than relaying what has been said over the phone.

bro58