Phone call from DWP re recent ATOS assessment

Hi. I received a phone call this morning from someone at the DWP. She said that I had not been given enough points after my assessment for my benefits to continue. I am currently in the support group for ESA. I was very angry and upset and told her she should not be conducting an interview by phone but should contact me in writing. She denied it was an interview but said 'we' like to give people the opportunity to let us know if there is anything further they wish to tell 'us' which might help 'us' to reach a decision. I took her name, asked for a decision in writing and a copy of the report and advised her I would be taking legal advice and would be appealing. I have ME/CFS. She said, 'The fatigue is your main problem and of course you wouldn't suffer from that every day.' I said that yes, I DID suffer from that every day. She asked me how many bad days and how many good days I had. I said that there WERE no good days. Did I say the right things? If they have already made a decision I don't see how I could have made things any better or worse by, as this lady said, 'engaging in conversation.'

irisheyes wrote: Hi. I received a phone call this morning from someone at the DWP. She said that I had not been given enough points after my assessment for my benefits to continue. I am currently in the support group for ESA. I was very angry and upset and told her she should not be conducting an interview by phone but should contact me in writing. She denied it was an interview but said 'we' like to give people the opportunity to let us know if there is anything further they wish to tell 'us' which might help 'us' to reach a decision. I took her name, asked for a decision in writing and a copy of the report and advised her I would be taking legal advice and would be appealing. I have ME/CFS. She said, 'The fatigue is your main problem and of course you wouldn't suffer from that every day.' I said that yes, I DID suffer from that every day. She asked me how many bad days and how many good days I had. I said that there WERE no good days. Did I say the right things? If they have already made a decision I don't see how I could have made things any better or worse by, as this lady said, 'engaging in conversation.'

Hi ie,

In a scenario where a claimant has not been awarded the requisite minimum 15 points required for an ESA award, after a F2F assessment, the DWP DM's do contact claimants by telephone to see whether there is any further evidence that the claimant can provide to persuade the DM that they should indeed be awarded ESA.

The DWP refer to this as "Touchpoint 13", so it is a procedure that is commonly adopted.

Therefore, they were giving you a final opportunity to change the DM's mind before an official decision was made.

The ATOS HCP only makes recommendations, it is The DM who has the final say.

I cannot comment on whether the the information that you conveyed will have a positive effect.

You should receive a written decision notice informing you of the final decision in due course.

If it is an adverse decision, then you will have the right to appeal within one month of the date of the decision notice letter.

Please return, and let us know what the official decision is, when you receive confirmation, and we will advise further, if necessary.

bro58

Thanks, but what does DM mean?www.benefitsandwork.co.uk/media/kunena/emoticons/ermm.png

irisheyes wrote: Thanks, but what does DM mean?www.benefitsandwork.co.uk/media/kunena/emoticons/ermm.png

Hi ie,

DM = Decision Maker.

It is the DWP DM who actually makes the decision on whether or not you qualify for an award of ESA, and if so, which group you are placed into. (WRAG or SG)

The DM should take into account all the evidence before them, including the ATOS Medical Report, the ESA50 questionnaire, and any other evidence that you may have provided. (An ESA113 Questionnaire if one was sent to your G.P. which is the exception rather than the rule)

They should then make a decision taking into account this evidence, and whether you fulfill any of the ESA qualifying descriptors, on the balance of probabilities.

bro58

Thanks! I will know more when the copy of the assessor's report arrives. I saw a doctor this morning about a severe nosebleed I had last week. I was referred to ENT in March because my own GP suspected I have nasal polyps. The doctor I saw this morning thought I had been referred because of nosebleeds and thought the referral should have been urgent. She was very interested in the fact that I had a basal cell carcinoma removed from the outside of the same side of my nose nine years ago and is going to contact ENT to ask them to expedite the appointment. I am quite worried now as I thought the problem was trivial. If I see a consultant before I make an appeal, will this new evidence be taken into account?

irisheyes wrote: Thanks! I will know more when the copy of the assessor's report arrives. I saw a doctor this morning about a severe nosebleed I had last week. I was referred to ENT in March because my own GP suspected I have nasal polyps. The doctor I saw this morning thought I had been referred because of nosebleeds and thought the referral should have been urgent. She was very interested in the fact that I had a basal cell carcinoma removed from the outside of the same side of my nose nine years ago and is going to contact ENT to ask them to expedite the appointment. I am quite worried now as I thought the problem was trivial. If I see a consultant before I make an appeal, will this new evidence be taken into account?

Hi ie,

I am sorry to hear that, and do hope that the nose bleeds turn out to be trivial.

If a new condition is diagnosed, it could only be taken into account at a reconsideration/appeal of the adverse decision, (if that turns out to be the case) if you can provide evidence that you did indeed suffer from said newly diagnosed condition at the time of the adverse decision, but it had not been diagnosed at that time.

Please do keep us updated.

bro58