Incapacity to ESA ATOS test without form?

Hello,

Ive had a good search around on the internet and here but cant seem to find any situation similar to mine and was wondering if this was a normal way to process someone's change from Incapacity to ESA, hope someone can help

I was contacted over just before Easter to 'remind' me to fill in an ESA50 form - I had never had this form sent to me, or a phone call to discuss it, only the initial, we are moving you to a new benefit letter. Called them in a panic was told that it was fine they would send a new form and I would not be penalised so long as I sent it back within 2 weeks ( from when it arrived.) The DWP being the DWP it took TEN days to get to me, just after returning it before it could have possibly been looked at, I got an ATOS appointment on a day I had told the DWP[ I would be in hospital.

Ive been on the phone to both of them for about 4 hours today with both of them passing the buck, the long and short is, I was called for an ATOS without them even looking at my ESA50 ( it should definitely get me in WRAG), in fact ATOS still don't even have it yet - they say I HAVE to go for a medical test despite them knowing my form had to be resent, and that because I have already cancelled one test ( where I am in hospital which the DWP knew) I cannot move or cancel a new date. I was also told that the consultants letters I wanted to post, 'weren't that relevant' 'we will rely on the ATOS with the form ( which they don't have yet) as back up.

This doesn't seem right Is this the basis of a complaint?

something like this happened to me really upsetting but hang in there.
if need be ring them and tell them you cant attend on that date and get another appoinment
to give them time to see your esa50.if they have the evidence they will cancel your appointment
like they did with me.then they put me in wrag without medical which iam appealing

rococo wrote: Hello,

Ive had a good search around on the internet and here but cant seem to find any situation similar to mine and was wondering if this was a normal way to process someone's change from Incapacity to ESA, hope someone can help

I was contacted over just before Easter to 'remind' me to fill in an ESA50 form - I had never had this form sent to me, or a phone call to discuss it, only the initial, we are moving you to a new benefit letter. Called them in a panic was told that it was fine they would send a new form and I would not be penalised so long as I sent it back within 2 weeks ( from when it arrived.) The DWP being the DWP it took TEN days to get to me, just after returning it before it could have possibly been looked at, I got an ATOS appointment on a day I had told the DWP[ I would be in hospital.

Ive been on the phone to both of them for about 4 hours today with both of them passing the buck, the long and short is, I was called for an ATOS without them even looking at my ESA50 ( it should definitely get me in WRAG), in fact ATOS still don't even have it yet - they say I HAVE to go for a medical test despite them knowing my form had to be resent, and that because I have already cancelled one test ( where I am in hospital which the DWP knew) I cannot move or cancel a new date. I was also told that the consultants letters I wanted to post, 'weren't that relevant' 'we will rely on the ATOS with the form ( which they don't have yet) as back up.

This doesn't seem right Is this the basis of a complaint?

Hi r,

We have heard from other members with similar scenarios.

My first comment would be, do not rely on anything said in a telephone conversation with ATOS or The DWP.

Always try and communicate in writing, and ask for written confirmation. This then creates a paper trail in case there are any future problems.

ATOS do state that you can only rearrange once, however you may have an argument if you had informed them prior to the making of the F2F appointment that you would be in hospital on that day.

ATOS are supposed to review your ESA50 and any supporting evidence before arranging a F2F, as if you have provided enough evidence a F2F may not be necessary.

In saying that, unless you can gain written confirmation, by letter or e-mail that any future reassessment is to be cancelled or rearranged, then you should attend, or you may be found fit for work on failure to attend, and your benefit may cease pending you showing good cause for your non attendance.

I would post your ESA50 back to ATOS ASAP and include any medical evidence that you may have with it.

You could also post any extra evidence that you may have FAO The ESA Decision Maker, at the address of The Benefits Office on any of your ESA letters.

Then as a safe guard, if you do have to attend a F2F, you could also take a copy of The ESA50 and any extra evidence with you, and present it to the ATOS HCP before the start of the assessment.

You can contact ATOS by e-mail :

This email address is being protected from spambots. You need JavaScript enabled to view it.

There is further information on their website :

www.atoshealthcare.com/claimants

See below on these links information on :

Complaining to The DWP

Complaining to ATOS Healthcare

Contacting your MP

See also : Sending Documents to the DWP or ATOS


If you are to attend a F2F, it may help if you have a look at :

ESA Medical – What to expect

You could also have a look at our ESA Guides, on this page :

ESA Claims Guides

The WCA Handbook 2nd link from the bottom includes advice given to ATOS on how they should carry out The ESA WCA.

Finally, it may be worth while reading through our : ESA FAQ’s

Remember, you are supposed to be given at least 7 days notice for a F2F appointment, unless you agree to an earlier one.

You can make a request for it to be audio recorded, and you are allowed to be accompanied.

bro58

They have had my ESA50 for some time - it was sent to my regional benefits centre rather than ATOS ( that's what they asked me to do).

They are still making me go for an ATOS assessment - just in a couple of weeks rather than tomorrow - but they STILL haven't seen the form! so is this grounds for complaint? The regional benefits centre people said it would be 'reasessed' by this I thought they meant my form would be properly looked at before they decided if I need f2f?

They both point blank refused to give me an email contact and with time pressing a snail mail contact isn't really going to help - are you saying I can insist on an email contact address and get what they said in the phone call confirmed my email? btw - I recorded the phone calls to both ATOS and the benefits centre...

rococo wrote: They have had my ESA50 for some time - it was sent to my regional benefits centre rather than ATOS ( that's what they asked me to do).

They are still making me go for an ATOS assessment - just in a couple of weeks rather than tomorrow - but they STILL haven't seen the form! so is this grounds for complaint? The regional benefits centre people said it would be 'reasessed' by this I thought they meant my form would be properly looked at before they decided if I need f2f?

They both point blank refused to give me an email contact and with time pressing a snail mail contact isn't really going to help - are you saying I can insist on an email contact address and get what they said in the phone call confirmed my email? btw - I recorded the phone calls to both ATOS and the benefits centre...

Hi r,

You can contact ATOS on the e-mail address provided in my previous post.

The DWP will not correspond via e-mail, unfortunately.

Have you thought of contacting your M.P. ?

bro58

My MP is the biggest waste of space on the planet - I wrote to him when I was going through problems with the local council and he did nothing except forward the private letter I sent him to the people i was complaining about!

To be honest with you im so exhausted that trying to write yet another letter with all the ins and outs of my case seems redundant as far as this particular MP is concerned.

I would rather know if its grounds for complaint for them to force a F2F without looking at the ESA50...that's my energy better spent I think