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ESA reassesment issues
- rococo
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9 years 2 months ago - 9 years 2 months ago #129730 by rococo
ESA reassesment issues was created by rococo
Hi,
long time member who you have helped in the past ( thanks!) - its that time again and a new round of dealing with the DWP and ATOS some issues have come up and im worried...
Heard from ATOS just before new year ( 2014) calling me for 'reassesment' February 2015, ide only been assessed for ESA moving from IB about 14 months ago - that had been turned down - I had appealed and was moved to the Support Group, in December 2013 just 2 months after the appeal they tried to put me through another reassessment claiming they had sent an ESA50 that I had ignored ( they never sent one) I wrote a formal complaint and everything went quiet, the ATOS appointment was cancelled.
Exactly a year to the day I was sent this 'new' reassessment invitation - again no ESA50 the last they had had from me was 2 years old - I queried the calling for interview without an up to date ESA50 - they claimed again that they had sent me one, that I had ignored ( they didn't) it later transpired they were reffering to the one they claimed they sent in December 2013! they said they were basing me need for reinterview on the fact I had ignored my form and my GP hadn't given enough information about my illness ( which he wouldn't as I never see him as I have intractable long tern conditions)
Despite me formally complaining again they have still not sent me an ESA50, though they expect me to have filled one in for them for the new appointment in 2 weeks - they are also saying they cannot move the date again despite it being their mistake, they also will not confirm if they will record or not - which is making me very anxious as I may have to go alone with the new date.
Ive checked my Appeal letter - it doesn't say when I should next be called in for reassessment, but this appears to be part of their 'backlog' for reassessment from last year that I wasn't eligible for anyway as I had just appealed and won.
Could you tell me what my position here is? also why am I still being called to ATOS? ( they have taken their name off their paperwork but its still ATOS building etc)
long time member who you have helped in the past ( thanks!) - its that time again and a new round of dealing with the DWP and ATOS some issues have come up and im worried...
Heard from ATOS just before new year ( 2014) calling me for 'reassesment' February 2015, ide only been assessed for ESA moving from IB about 14 months ago - that had been turned down - I had appealed and was moved to the Support Group, in December 2013 just 2 months after the appeal they tried to put me through another reassessment claiming they had sent an ESA50 that I had ignored ( they never sent one) I wrote a formal complaint and everything went quiet, the ATOS appointment was cancelled.
Exactly a year to the day I was sent this 'new' reassessment invitation - again no ESA50 the last they had had from me was 2 years old - I queried the calling for interview without an up to date ESA50 - they claimed again that they had sent me one, that I had ignored ( they didn't) it later transpired they were reffering to the one they claimed they sent in December 2013! they said they were basing me need for reinterview on the fact I had ignored my form and my GP hadn't given enough information about my illness ( which he wouldn't as I never see him as I have intractable long tern conditions)
Despite me formally complaining again they have still not sent me an ESA50, though they expect me to have filled one in for them for the new appointment in 2 weeks - they are also saying they cannot move the date again despite it being their mistake, they also will not confirm if they will record or not - which is making me very anxious as I may have to go alone with the new date.
Ive checked my Appeal letter - it doesn't say when I should next be called in for reassessment, but this appears to be part of their 'backlog' for reassessment from last year that I wasn't eligible for anyway as I had just appealed and won.
Could you tell me what my position here is? also why am I still being called to ATOS? ( they have taken their name off their paperwork but its still ATOS building etc)
Last edit: 9 years 2 months ago by bro58. Reason: Tick.
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- Gordon
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9 years 2 months ago #129775 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reassesment issues
rococo
The DWP can initiate an assessment at any time, once one has started you must participate or risk your claim being closed.
We have seen a lot of claimants being summoned to assessments without the issuing of an ESA50 recently, it is of course possible that it has gone missing in the post.
You can download an electronic copy of the form which you can complete on your computer. See
Using The PDF Version Of The ESA50 Questionnaire
With regard to the appointment, you are entitled to re-arrange the interview once but must attend any second appointment or your file will be returned to the DWP as a "no show".
Assessments are not recorded by default, so if you have not requested it be done it won't be, there is template letter in the ESA section for to request it is, but there is still no legal requirement for ATOS to provide this service and you cannot refuse to attend if it is not.
Our ESA guides are available on the following link.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any more questions, please reply to this post.
Gordon
The DWP can initiate an assessment at any time, once one has started you must participate or risk your claim being closed.
We have seen a lot of claimants being summoned to assessments without the issuing of an ESA50 recently, it is of course possible that it has gone missing in the post.
You can download an electronic copy of the form which you can complete on your computer. See
Using The PDF Version Of The ESA50 Questionnaire
With regard to the appointment, you are entitled to re-arrange the interview once but must attend any second appointment or your file will be returned to the DWP as a "no show".
Assessments are not recorded by default, so if you have not requested it be done it won't be, there is template letter in the ESA section for to request it is, but there is still no legal requirement for ATOS to provide this service and you cannot refuse to attend if it is not.
Our ESA guides are available on the following link.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any more questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: rococo
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- rococo
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9 years 2 months ago #130028 by rococo
Replied by rococo on topic ESA reassesment issues
Hi Gordon,
thanks - they claim to have sent this esa50 4 times in the last 14 months - even the Royal Mail isn't that bad! Also ive heard that Atos isn't even supposed to be doing assessments as their contract has stopped?
Ive asked for a recorder and they have agreed but I don't trust them - what can I do if they don't have it on the day? Has the Law changed since I ws last on this website? im sure you were saying they couldn't refuse to record?
The first appointment was rearranged because I asked for the recorder -they are claiming that was my 'one' opportunity to move dates, but it ATOS that changed the date?
thanks - they claim to have sent this esa50 4 times in the last 14 months - even the Royal Mail isn't that bad! Also ive heard that Atos isn't even supposed to be doing assessments as their contract has stopped?
Ive asked for a recorder and they have agreed but I don't trust them - what can I do if they don't have it on the day? Has the Law changed since I ws last on this website? im sure you were saying they couldn't refuse to record?
The first appointment was rearranged because I asked for the recorder -they are claiming that was my 'one' opportunity to move dates, but it ATOS that changed the date?
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- Gordon
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9 years 2 months ago #130039 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reassesment issues
rococo
It is extremely unlikely that ATOS would issue an ESA50 four times with no response from the claimant. Their procedures are to either continue with the assessment process if they believe that the claimant has mental health issues (and that is why they have not returned the form) or return the claimants file to the DWP for failing to participate, the DWP may then write to the claimant for an explanation.
ATOS are still performing assessments, they are due to hand over to Maximus in late March although we do not currently have an understanding of how this will be done.
The rules for recordings have not changed, claimants have no legal right to require their assessment to be recorded, nor will a lack of recording equipment on the day be accepted as Good Cause for a claimant refusing to participate in the assessment process.
Requesting the assessment be recorded should not count against the claimant, but I would be cautious to test this as it can be difficult and long winded to challenge this if needed.
Gordon
It is extremely unlikely that ATOS would issue an ESA50 four times with no response from the claimant. Their procedures are to either continue with the assessment process if they believe that the claimant has mental health issues (and that is why they have not returned the form) or return the claimants file to the DWP for failing to participate, the DWP may then write to the claimant for an explanation.
ATOS are still performing assessments, they are due to hand over to Maximus in late March although we do not currently have an understanding of how this will be done.
The rules for recordings have not changed, claimants have no legal right to require their assessment to be recorded, nor will a lack of recording equipment on the day be accepted as Good Cause for a claimant refusing to participate in the assessment process.
Requesting the assessment be recorded should not count against the claimant, but I would be cautious to test this as it can be difficult and long winded to challenge this if needed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: rococo
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9 years 2 months ago - 9 years 2 months ago #130322 by rococo
Replied by rococo on topic ESA reassesment issues
Re the 4 ESA50's - this has been on going for 14 months - they claimed I didn't respond to a form last December, then contacted my GP without checking in with me at all - this was only 10 weeks after a successful appeal so I challenged it and put in a formal complaint to ATOS - suddenly my assessment was 'cancelled' - I heard nothing - moved house but there was a period when mail was not being redirected. I am presuming it was a combination of complaint/appeal recently and their backlog but I never got the complaint dealt with.
When they contacted me this time saying I had failed to fill in the form again ( and that it was the third time) the said they had contacted my GP again - except it turned out they meant December ( 2013) not 2014 - so it appears they started a process in December 2013 - dropped it - without explanation then claimed I hadn't filled in a form this time - which I now suspect was actually the form from 2013! and they were just picking up my file from the backlog pile?
Just letting you know this as im sure it helps to see different cases - im resigned to having to go in March, but I have very severe anxiety when things are dropped on me and worried about the lack or recorder on the day.
Another quick question if that's ok - I got your email today saying its harder for women with mental health issues ( which I am) to get in ( and stay in ) the support group which I am in now - im horrified surely this is direct discrimination? Could this mean that having passed before I could now fail the assessment?
Many Thanks
When they contacted me this time saying I had failed to fill in the form again ( and that it was the third time) the said they had contacted my GP again - except it turned out they meant December ( 2013) not 2014 - so it appears they started a process in December 2013 - dropped it - without explanation then claimed I hadn't filled in a form this time - which I now suspect was actually the form from 2013! and they were just picking up my file from the backlog pile?
Just letting you know this as im sure it helps to see different cases - im resigned to having to go in March, but I have very severe anxiety when things are dropped on me and worried about the lack or recorder on the day.
Another quick question if that's ok - I got your email today saying its harder for women with mental health issues ( which I am) to get in ( and stay in ) the support group which I am in now - im horrified surely this is direct discrimination? Could this mean that having passed before I could now fail the assessment?
Many Thanks
Last edit: 9 years 2 months ago by bro58.
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- bro58
9 years 2 months ago - 9 years 2 months ago #130323 by bro58
Thanks for the update r,
We have heard from other members who have similar concerns, see : Here. and the the link to the other topic therein.
As we have stated, it is the Guidance that has changed, not the actual ESA Legislation, so if you can prove that you still qualify for The SG, there should not be a problem.
bro58
Replied by bro58 on topic ESA reassesment issues
rococo wrote: Re the 4 ESA50's - this has been on going for 14 months - they claimed I didn't respond to a form last December, then contacted my GP without checking in with me at all - this was only 10 weeks after a successful appeal so I challenged it and put in a formal complaint to ATOS - suddenly my assessment was 'cancelled' - I heard nothing - moved house but there was a period when mail was not being redirected. I am presuming it was a combination of complaint/appeal recently and their backlog but I never got the complaint dealt with.
When they contacted me this time saying I had failed to fill in the form again ( and that it was the third time) the said they had contacted my GP again - except it turned out they meant December ( 2013) not 2014 - so it appears they started a process in December 2013 - dropped it - without explanation then claimed I hadn't filled in a form this time - which I now suspect was actually the form from 2013! and they were just picking up my file from the backlog pile?
Just letting you know this as im sure it helps to see different cases - im resigned to having to go in March, but I have very severe anxiety when things are dropped on me and worried about the lack or recorder on the day.
Another quick question if that's ok - I got your email today saying its harder for women with mental health issues ( which I am) to get in ( and stay in ) the support group which I am in now - im horrified surely this is direct discrimination? Could this mean that having passed before I could now fail the assessment?
Many Thanks
Thanks for the update r,
We have heard from other members who have similar concerns, see : Here. and the the link to the other topic therein.
As we have stated, it is the Guidance that has changed, not the actual ESA Legislation, so if you can prove that you still qualify for The SG, there should not be a problem.
bro58
Last edit: 9 years 2 months ago by bro58.
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