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ATOS assessment cancelled at last minute
- kizzie
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12 years 9 months ago #89747 by kizzie
ATOS assessment cancelled at last minute was created by kizzie
Hi
I have never posted before so hope I am doing this correctly!
I was due to have an ATOS assessment for IB to ESA transfer today at 2.40pm, at 1pm I got a phone call from ATOS to say they had to cancel as the doctor was not available! I have had 2 weeks of extreme anxiety and distress while waiting for today's appointment. The next available appointment is 21st August, so another 3 weeks of hell to come. Well,it will be more actually as my husband is not available to come with me on that date so I will have to change it.
What I am wondering is this - my ESA50 was actually completed and sent back to them in OCTOBER 2011. At that time I had no medical reports or letters that I could send with it. I have some now and was taking them with me today but now I wonder if I could maybe somehow get the assessment cancelled by sending this supporting evidence? If so, who do I send it to? ATOS or DWP?
I have never posted before so hope I am doing this correctly!
I was due to have an ATOS assessment for IB to ESA transfer today at 2.40pm, at 1pm I got a phone call from ATOS to say they had to cancel as the doctor was not available! I have had 2 weeks of extreme anxiety and distress while waiting for today's appointment. The next available appointment is 21st August, so another 3 weeks of hell to come. Well,it will be more actually as my husband is not available to come with me on that date so I will have to change it.
What I am wondering is this - my ESA50 was actually completed and sent back to them in OCTOBER 2011. At that time I had no medical reports or letters that I could send with it. I have some now and was taking them with me today but now I wonder if I could maybe somehow get the assessment cancelled by sending this supporting evidence? If so, who do I send it to? ATOS or DWP?
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- Gordon
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12 years 9 months ago #89751 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ATOS assessment cancelled at last minute
kizzie
With regard the cancelled appointment, you can make a complaint to
Complaining to ATOS Healthcare
Also, as it will be 10 months since returning the ESA50 I would also consider making a complaint to the DWP, whilst ATOS are in principle responsible for managing the assessment process, the DWP should not be able to divorce themselves entirely the delays you have experienced. See
Complaining to the DWP
You might also want to involve your MP, see
Contacting your MP
With regard your evidence, you can try sending a copy to the same address as you sent your ESA50 and a copy to the DWP office dealing with your claim, make sure your name and NIN is included on each page.
I think it will be unlikely that this will result in the requirement for an assessment being withdrawn, as the pre-board check that decides this will have been done when your ESA50 was received, and I am not convinced that this is repeated if additional evidence is received.
If you are still required to attend an assessment, make sure you take a copy of your new evidence with you and insist that the ATOS "doctor" reads it before starting (WCA Handnbook 3.1.2).
One last point, if you need to re-arrange the appointment, make sure that you state that you are doing so because they cancelled your previous one.
Gordon
With regard the cancelled appointment, you can make a complaint to
Complaining to ATOS Healthcare
Also, as it will be 10 months since returning the ESA50 I would also consider making a complaint to the DWP, whilst ATOS are in principle responsible for managing the assessment process, the DWP should not be able to divorce themselves entirely the delays you have experienced. See
Complaining to the DWP
You might also want to involve your MP, see
Contacting your MP
With regard your evidence, you can try sending a copy to the same address as you sent your ESA50 and a copy to the DWP office dealing with your claim, make sure your name and NIN is included on each page.
I think it will be unlikely that this will result in the requirement for an assessment being withdrawn, as the pre-board check that decides this will have been done when your ESA50 was received, and I am not convinced that this is repeated if additional evidence is received.
If you are still required to attend an assessment, make sure you take a copy of your new evidence with you and insist that the ATOS "doctor" reads it before starting (WCA Handnbook 3.1.2).
One last point, if you need to re-arrange the appointment, make sure that you state that you are doing so because they cancelled your previous one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- lily321
12 years 9 months ago - 12 years 9 months ago #89769 by lily321
Replied by lily321 on topic Re:ATOS assessment cancelled at last minute
Hi
I sent off my ESA 50 and had my medical late June, mine was also cancelled first time .
Lily
I sent off my ESA 50 and had my medical late June, mine was also cancelled first time .
Lily
Last edit: 12 years 9 months ago by slugsta.
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- carruthers
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12 years 9 months ago #90356 by carruthers
Replied by carruthers on topic Re:ATOS assessment cancelled at last minute
Gordon wrote:
If there's a 10-month gap between form submission and assessment clearly your health could have changed substantially in the interim and your medical reports would be out of date. OTOH the HCP can't tell how you were 10 months ago.
Oh yes, and how do you "insist" that the doctor reads it? If s/he just says, "I'll do it later," or "I don't need medical information, this is a functional assessment," (the standard DWP excuse for everything), what do you do?
You often stress that a tribunal will not look at health at the time of your tribunal, but an earlier period. Is the reference point the time when you submitted your form or the date of your assessment?If you are still required to attend an assessment, make sure you take a copy of your new evidence with you and insist that the ATOS "doctor" reads it before starting (WCA Handnbook 3.1.2).
If there's a 10-month gap between form submission and assessment clearly your health could have changed substantially in the interim and your medical reports would be out of date. OTOH the HCP can't tell how you were 10 months ago.
Oh yes, and how do you "insist" that the doctor reads it? If s/he just says, "I'll do it later," or "I don't need medical information, this is a functional assessment," (the standard DWP excuse for everything), what do you do?
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- Gordon
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12 years 9 months ago #90359 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ATOS assessment cancelled at last minute
Carruthers
A tribunal can consider evidence that would have been available to the Decision Maker when they made their Decision, or new evidence that clearly pertains to the time that the DM made the Decision.
There is nothing to stop a claimant submitting additional evidence between the submission of the ESA50 and their WCA assessment, especially if there is a significant gap and their condition has changed.
I doubt that you can insist the the ATOS "doctor" reads any additional evidence, but their refusal to do so can certainly be noted and might for example be something to mention when submitting an appeal.
Gordon
A tribunal can consider evidence that would have been available to the Decision Maker when they made their Decision, or new evidence that clearly pertains to the time that the DM made the Decision.
There is nothing to stop a claimant submitting additional evidence between the submission of the ESA50 and their WCA assessment, especially if there is a significant gap and their condition has changed.
I doubt that you can insist the the ATOS "doctor" reads any additional evidence, but their refusal to do so can certainly be noted and might for example be something to mention when submitting an appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- cdcdi1911
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12 years 9 months ago #90364 by cdcdi1911
Replied by cdcdi1911 on topic Re:ATOS assessment cancelled at last minute
carruthers wrote:
There is of course, no way of knowing before an assessment, whether or not the ADA has read all the documents. But it should become apparent during the course of the assessment.
For example, if you wrote at length on your ESA50 about your hobbies and were asked the question "do you have any hobbies?", and the ADA appeared to be completely unaware of any information you gave on the ESA50, that should set alarm bells ringing.
Equally, the content of the ESA85 medical report can indicate whether or not the ADA has read all the documents and medical evidence you submitted.
If you have reasons to believe that the ADA has not read the documents, or if the ADA bluntly refuses to read documents you provide at the assessment, you can raise this in a complaint to Atos or in an appeal.
WCA Handbook:-
Any evidence submitted to Medical Services after the ESA50 has been sent will be added to the claimants case file and visible to the Approved Disability Analyst. They are required to read it as well as any other documents a claimant provides at the assessment.Oh yes, and how do you "insist" that the doctor reads it? If s/he just says, "I'll do it later," or "I don't need medical information, this is a functional assessment," (the standard DWP excuse for everything), what do you do?
There is of course, no way of knowing before an assessment, whether or not the ADA has read all the documents. But it should become apparent during the course of the assessment.
For example, if you wrote at length on your ESA50 about your hobbies and were asked the question "do you have any hobbies?", and the ADA appeared to be completely unaware of any information you gave on the ESA50, that should set alarm bells ringing.
Equally, the content of the ESA85 medical report can indicate whether or not the ADA has read all the documents and medical evidence you submitted.
If you have reasons to believe that the ADA has not read the documents, or if the ADA bluntly refuses to read documents you provide at the assessment, you can raise this in a complaint to Atos or in an appeal.
WCA Handbook:-
3.1.2 Reading the Documents
In preparation for the interview, you should read carefully the documents in the file /on MSRS. All the medical evidence should be considered, including any medical certification, Factual Reports, previous papers and other documents, including Tribunal documents. Particular attention must be paid to the current claimant questionnaire [ESA50] and all areas where the claimant indicates that there may be a problem must be fully explored. At times the claimant may also bring additional evidence to the assessment. Any evidence bought by the claimant must be read and the report should make reference to the evidence that has been considered and justification provided if there is a conflict between the opinion of the HCP and the other medical evidence.
Any evidence brought by the claimant, should be copied for the Decision Maker (see section 4.2.5 for further guidance).
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