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ESA direct complaints 9 years 8 months ago #30741

Has anyone on here every made one to the office where the health care assistant taking the medical works? I was at the medical office the other day and I noticed on the board a way to complain directly about any member of staff.
Recently a friend of mine went for her ESA medical and the interviewer was a nightmare. He didn't listen to half her answers stopped her half way through her saying something continued to type as she talked. I know because as there was on one else at the time who could go with her, I did.

She got the ESA decision back and she scored no points. She is appealing and I have helped her go through the very depressing completely incorrect info he has typed up. There is one glaring mistake in the medical report and that was he said she attended on her own when she didn't as I went with her.

She doesn't know whether to put in a direct complaint or wait until she has had her ESA appeal for fear of any reprisal. Has anyone else been in this situation and surely this is beyond misinformation as that is deliberately lieing though I am sure he will have an excuse for it.

As anyone else here ever directly complained about a health care worker doing the medical and have you found it worth it. My apologizes if this should be in questions as I wasn't sure as I was making a statement and wondered if anyone else has experienced this

I still can't believe he said that. I am horrified :huh::huh:

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Re: ESA direct complaints 9 years 8 months ago #30769

I would think this situation applies to almost eveyone who has had a medical. The ATOS personel are simply not interested in you as a person. They just "tick the boxes". My own medical stated that I have a colostomy. Where on earth he got that one from I've no idea. I am taking the line of appeal, in the hope that the tribunal will overturn the refusal.

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Re: ESA direct complaints 9 years 8 months ago #30783

  • Catherine
Hi Kefkat

Such a blatant error as stating that a claimant came to the medical by themselves when they didn't is unacceptable.

One can complain to Atos direct - the centre itself will send details of who to write to if your friend enquires, or Jobcentre Plus would be able to point you in the right direction.

Am not sure if such a complaint could have a positive influence on a reconsideration - but maybe worth a go. I would suggest to your friend that she also highlights where the qualifying points should have been awarded, with any supportive medical evidence, and also send a copy to the decision-maker.

What do other people think?

I think your friend is right to complain even if she still has to go on to a full appeal.

Good luck

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Re: ESA direct complaints 9 years 8 months ago #30784

  • Survivor
It is not necessary to make a complaint in order to have a decision reconsidered. I don't know whether a complaint would even work its way through the system before the reconsideration took place.

That isn't to say that one shouldn't make a complaint, however.

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Re: ESA direct complaints 9 years 8 months ago #30811

I made a complaint about my medical. Although I was able to show that notes in her ESA85 (the medical examiner fills it in, I had already asked for a copy of it prior) were incorrect and I could prove it) they simply said it was a matter of one persons word against the other! My husband was present and can clarify everything that I had complained about was true but they said he wasn't an independent witness. I think it's a complete waste of time to complain against the actual medical examiner. It seems all they have to do is to deny everything and that's that! Personally the sooner all medical are recorded the better.

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Re: ESA direct complaints 9 years 8 months ago #30820

  • jules Baggs
Katykat, that's exactly what happened to me, the assessor said I have a stoma, and I don't - I think they are in such a hurry they tick the wrong box! I mentioned it in my form to the appeals service, and it didn't appear in the copy WCA form they sent back to me with the DWP's papers. I lost the appeal.

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