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Assessment 11 Months after submitting ESA50

  • george
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11 years 10 months ago - 11 years 10 months ago #105854 by george
I have been called in for a medical by Atos, eleven months after sending off my ESA50. During that time my medications and conditions have changed and I have new diagnoses in addition to the problems I had a year ago.

Also they have ignored completely my request to be assessed at a specific centre, because I cannot travel alone and need someone to drive me right to the centre and to accompany me to the actual assessment.

My requested centre is completely on ground level whereas; the centre to which they are sending me is mostly upstairs, even though I stated on the ESA50 that stairs could prove dangerous to me.

There is also no mention of my request to have the assessment recorded.

I am concerned that if I try and make further efforts to get the assessment recorded, or if I attempt to change the assessment centre to the one I requested on my ESA50, that this will count as my one re-arrangement.

I am most unwilling to give up my single chance to alter their arrangement, as I am often too ill to even get out of bed, and therefore, a change of appointment is always liable to be needed.

Another crucial factor that is making me feel that I must accept the centre that I have been given is that the person who will accompany me during my ‘medical’ has a month’s holiday booked for just five days after the date that I have been given. I fear that, should ATOS be prepared to offer me the centre that I requested on my ESA50, and hopefully also arrange for recording, I nevertheless doubt that they will also be willing to accommodate my companion’s unavailable dates.

To sum up, my questions are:
1) Is it acceptable for ATOS to call me in to a Face to face assessment using an ESA50 which was filled in almost a year ago?

2) Is it acceptable for ATOS to ignore information which I supplied on my ESA50, where I clearly requested, and explained my reasons for my assessment to take place at the centre that I had previously attended?

3) Is it acceptable for them to not even refer to my request for the assessment to be recorded?

4) Will any attempt by myself to have the assessment take place at my chosen centre, and/or to have it recorded be classed as using up my one allowed rearrangement?

5) Should questions 3 & 4 not be deemed to use up my one rearrangement, should ATOS be prepared to accommodate my companion’s four week holiday?

6) When I do attend my assessment, how should I present my new additional medical Diagnoses, medications and side effects to the assessor?

7) Must the assessor have my ESA50, complete with the, over forty pages of written evidence that I included with it, available at the assessment? I ask this as I have some reason to believe that some, if not all of this has been lost.

Sorry about the length of this but, I am very worried, and really do not know what to do.


Thanks, George.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago - 11 years 10 months ago #105859 by Gordon
Replied by Gordon on topic Assessment 11 Months after submitting ESA50
George

To try and answer your questions.

1. There is no required period defined in the legislation between a claimant completing the ESA50 and their attending an assessment. However, you have waited a ridiculous time and this would be releveant to any challenge you might make to an adverse Decision.

2. Again, there is no specific requirement for ATOS to adhere to requests on the ESA50 for the venue or time of an assessment, however, they are still bound by the Equality Act in regard to making reasonable adjustments, the problem is that this will still likely be counted as your one change.

3. Claimants have no legal right to have the assessment recorded, however, the DWP and ATOS have said that they will make reasonable attempts to do so when requested. I would contact ATOS about this, and ask for them to confirm that your assessment will be recorded, it is possible that this will result in the appointment being moved back, this should be at no fault to you.

4. There is a strong possibility that it will. Was your request supported by a statement from your GP that the current venue was unsuitable and why?

5. They should be expect to make reasonable adjustments, but ultimately they are not require to take this in to account.

6. Take a copy of the evidence with you and ask the assessor to read it before starting the interview (WCA Handbook 3.1.2), you should also send a copy to the DWP for the attention of the Decision Maker.

7. In principle yes, but you could only pursue the matter in connection with an adverse Decision.

Have you considered involving your MP, it can be quite surprising how problems magically disappear when they get involved. See

Contacting your MP

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.

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  • george
  • Topic Author
11 years 10 months ago #105887 by george
Replied by george on topic Assessment 11 Months after submitting ESA50
Thanks Gordon,

I think I will write to them and see if they will re-arrange, as also the day before the assessment I am being fitted with equipment that is meant to monitor one of my conditions over a four day period. Having to go to ATOS the very next day will almost certainly affect this. I will inform them that if it will result in my one re-arrangement being used then I’d rather attempt to attend the appointment they have given me, rather than risk problems in the future.

George

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  • george
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11 years 10 months ago - 11 years 10 months ago #105926 by george
Replied by george on topic Assessment 11 Months after submitting ESA50
Hello again,

I think I will follow your advice Gordon, and send my New Evidence to the Decision Maker, plus a copy of my year old ESA50 and forty pages of attachments, in case ATOS has lost some of it.

Could you please let me know as to how I can obtain my Decision Maker’s Contact Details?

Many thanks,
George
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago - 11 years 10 months ago #105927 by Gordon
Replied by Gordon on topic Assessment 11 Months after submitting ESA50

george wrote: Hello again,

I think I will follow your advice Gordon, and send my New Evidence to the Decision Maker, plus a copy of my year old ESA50 and forty pages of attachments, in case ATOS has lost some of it.

Could you please let me know as to how I can obtain my Decision Maker’s Contact Details?

Many thanks,
George


Send it to the DWP office that has dealt with your claim and mark it for the attention of the Decision Maker.

Include a covering letter explaining what you are sending and make sure each page has your name, date of birth and National Insurance Number.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.

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  • george
  • Topic Author
11 years 10 months ago #105928 by george
Replied by george on topic Assessment 11 Months after submitting ESA50
Many thanks Gordon.

George

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