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Face-to-Face examinations conducted by a Doctor

  • Tom_Cobbley
  • Topic Author
11 years 11 months ago - 11 years 11 months ago #106447 by Tom_Cobbley
Hi,
Just throwing this query out there, simply because I don't find any consistency in the system and genuinely don't understand how it works the way that it does.

(1) Who decides, and on what criteria, that an applicant needs to be seen face-to-face by a Doctor prior to the DWP receiving the file to make a final decision as to eligibility ?

When I sent in my ESA50, I also submitted (as requested) several pages of 'extra additional information' about my condition and the way in which it affects me on a daily basis. Much of that information was supplied by various medical professionals whom I have consulted over many years. It was clear from that information that my claim was genuine and that I qualified for the benefits I receive.

(2) How is it that some people seem to be confirmed as unfit for work without a medical, when others seem to be unnecessarily inconvenienced when it should be perfectly clear that travelling to such a medical will cause undue hardship and that these claimants are not 'abusing the system' ?

(3) If the examining doctor at the face-to-face meeting is not able or empowered to make a decision in relation the applicants' 'fitness for work', what is the purpose of the medical in the first place ? I (and many others) provided all the information asked for and in my case, a handwritten letter from my own GP who confirmed that I was 'unfit for work' of any kind. Why is the word of my GP not sufficient.

I am genuinely baffled by the glaring inconsistencies in they system insofar as they relate to the requirement for personal examinations by Doctors. If the doctor 'only reports the facts' and makes no recommendations as to the eligibility of the client for benefits, why does it have to be a Doctor ? I have already 'reported the facts' before being summoned for a medical.

I was hoping that someone may have a logical or a DWP policy explanation......
Last edit: 11 years 11 months ago by Gordon.

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11 years 11 months ago - 11 years 11 months ago #106464 by Gordon
TC

1. ATOS, based on the information in and with the ESA50.

2. See this topic

www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=98435

3. They are, but ATOS only make a recommendation, it is the DWP Decision Maker that makes a Decision on the claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by Gordon.
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  • Tom_Cobbley
  • Topic Author
11 years 11 months ago - 11 years 11 months ago #106471 by Tom_Cobbley
Replied by Tom_Cobbley on topic Face-to-Face examinations conducted by a Doctor
Thanks Gordon. The Doctor assessing me made it clear that he not able to make a decision or recommendation in respect of my claim and that he only 'reported the facts' to the DSS (as he called it)

That made me question why it had to be a Doctor if he was only effectively 'inputting data' from the ESA50 and the conversations we had during the F2F.

Presumably he didn't understand the system either or was being less than open with me about his role in the process.
Last edit: 11 years 11 months ago by Gordon.

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11 years 11 months ago #106474 by Gordon

Tom_Cobbley wrote: Thanks Gordon. The Doctor assessing me made it clear that he not able to make a decision or recommendation in respect of my claim and that he only 'reported the facts' to the DSS (as he called it)

That made me question why it had to be a Doctor if he was only effectively 'inputting data' from the ESA50 and the conversations we had during the F2F.

Presumably he didn't understand the system either or was being less than open with me about his role in the process.


As I said they do not make the Decision but they most certainly make a medical recommendation, I suspect they were simply trying to distance themselves from the decision process.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Tom_Cobbley
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11 years 10 months ago - 11 years 10 months ago #107327 by Tom_Cobbley
Replied by Tom_Cobbley on topic Face-to-Face examinations conducted by a Doctor
Just to reiterate a point I made earlier regarding the Doctor at the MEC and the comments he made to me during my visit.

This morning I have received a questionnaire from ATOS (Bristol) to complete,on behalf of the DWP. The questions relate to my experience with ATOS at the assessment centre. The accompanying letter claims that I have been chosen 'at random' from all those who have visited assessment centres in recent weeks.

At the head of the questionnaire, in bold letters and framed by heavy bold lines, is the following statement:

"Please note that the DWP are responsible for deciding benefit entitlement and for the process of claiming benefits. ATOS Healthcare DO NOT have any input into the process NOR ANY INFLUENCE on decisions about benefits. Our role is merely to arrange and conduct an assessment . Therefore, when completing the questionnaire, please answer ONLY about the assessment itself, not the whole benefits process. Thank you"

I think this is a misleading and/or dishonest statement. OF COURSE they (ATOS) have influence, because their recommendations directly help to define whether or not the claimant is entitled to the benefits he/she currently receives and should continue to receive (or not). I will agree that they don't have influence over the law relating to benefits, but they certainly have a major part to play in the current process, otherwise what are the Government paying them for?

Why the hell do they try to confuse the issue so much ? Everyone seems to be blaming everyone else.

As a side issue, the formal complaint I made against ATOS on June 7th still awaits a reply.

It's a shambles.
Last edit: 11 years 10 months ago by bro58.

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  • bro58
11 years 10 months ago - 11 years 10 months ago #107345 by bro58

Tom_Cobbley wrote: Just to reiterate a point I made earlier regarding the Doctor at the MEC and the comments he made to me during my visit.

This morning I have received a questionnaire from ATOS (Bristol) to complete,on behalf of the DWP. The questions relate to my experience with ATOS at the assessment centre. The accompanying letter claims that I have been chosen 'at random' from all those who have visited assessment centres in recent weeks.

At the head of the questionnaire, in bold letters and framed by heavy bold lines, is the following statement:

"Please note that the DWP are responsible for deciding benefit entitlement and for the process of claiming benefits. ATOS Healthcare DO NOT have any input into the process NOR ANY INFLUENCE on decisions about benefits. Our role is merely to arrange and conduct an assessment . Therefore, when completing the questionnaire, please answer ONLY about the assessment itself, not the whole benefits process. Thank you"

I think this is a misleading and/or dishonest statement. OF COURSE they (ATOS) have influence, because their recommendations directly help to define whether or not the claimant is entitled to the benefits he/she currently receives and should continue to receive (or not). I will agree that they don't have influence over the law relating to benefits, but they certainly have a major part to play in the current process, otherwise what are the Government paying them for?

Why the hell do they try to confuse the issue so much ? Everyone seems to be blaming everyone else.

As a side issue, the formal complaint I made against ATOS on June 7th still awaits a reply.

It's a shambles.


Hi TC,

The "official line" on this is that the assessing ATOS HCP makes "recommendations" and The DWP DM then makes a decision on any award of ESA with respect to the ESA legislation, taking into account "all" evidence before them, on the balance of probabilities.

DWP DM's have no medical training.

bro58
Last edit: 11 years 10 months ago by bro58.

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