Advice on ESA medical

2

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  • System
    System Posts: 178,077
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    they purposely overlook the appointments. i had mine last week is and found out i could have to wait up to an hour. my friend complained on my behalf as i don't cop well with unexpected change and i got a letter apologizing.
  • symikins
    symikins Posts: 448
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    It's particularly appalling when you consider that there are specific descriptors relating to being unable to cope with change such as with appointments being cancelled on same day. You'd think they may actually consider their customer base for these assessments and properly schedule.. I understand they assume a decent percentage of people won't turn up.


    that happening is my worst case scenario , it would throw me into a panic and ld be all over the place for days ,
    20 yrs ago l would have read that and thought, for gods sake get a grip woman ...thats the hard bit to live with... l dont recognize who l am anymore... and feel like that every morning l wake

    where did l go ???
    :EasterBun GRAB EVERY OPPERTUNITY YOU GET ..YOU DONT KNOW HOW LONG YOUR HERE FOR
  • SimIsOnTheUp
    SimIsOnTheUp Posts: 1,370 Forumite
    Well I was supposed to have my medical today, but just as I was about to leave they rang to cancel! Apparently they were running way behind schedule. Winds me up because no doubt they'd have threatened to stop my money if I cancelled at such short notice.

    As much as I wasn't looking forward to it, I just wanted to get it out of the way today. Oh well!

    Hi,

    Sorry to read that you're having stress from these people.

    I've gone through the ESA Medical / Nil Points letter / Six + months wait for appeal / Appeal Hearing / Overturned at Hearing - awarded 18 points!

    Had my second ESA Medical last Summer, and again 'scored' nil points.

    Appealed again last year, and am looking at Feb / March for the second Appeal Hearing.

    vikingsnail -

    Great to read that your last appeal was also successful. I'm sure that with representation, your next one will be just as successful.

    My best advice to you would be to insist the DWP / ATOS do their medical assessment at your home.

    Put it in writing, along with supporting evidence from your GP (stating that attending would do more harm than good to your Mental Health).

    It's unlikely that they'll agree to a home visit, but it's certainly worth a try.

    All the best with it.

    I appreciate just how stressful the process is.
  • cit_k
    cit_k Posts: 24,812 Forumite
    It's particularly appalling when you consider that there are specific descriptors relating to being unable to cope with change such as with appointments being cancelled on same day. You'd think they may actually consider their customer base for these assessments and properly schedule.. I understand they assume a decent percentage of people won't turn up.

    Would not suprise me if they denied points because they coped with the medical being canceled and did not turn up....

    And as ~XXmessedup mentioned, they do have an admitted policy of overbooking on purpose, so people are basically having medicals cancelled due to their own policy.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • cit_k wrote: »
    Would not suprise me if they denied points because they coped with the medical being canceled and did not turn up....

    And as ~XXmessedup mentioned, they do have an admitted policy of overbooking on purpose, so people are basically having medicals cancelled due to their own policy.

    With any luck they'll cancel my appointment on the day when I'm there (if called for another medical at this re-assessment) as I'm taking a weapon (which I've documented in the ESA50 and is documented in supporting evidence being supplied).... they'll find out how I deal with cancelled appointments at short notice and incompetence..lol.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • cit_k
    cit_k Posts: 24,812 Forumite
    With any luck they'll cancel my appointment on the day when I'm there (if called for another medical at this re-assessment) as I'm taking a weapon (which I've documented in the ESA50 and is documented in supporting evidence being supplied).... they'll find out how I deal with cancelled appointments at short notice and incompetence..lol.


    oooh im curious, it depends if they read the esa 50 and supporting evidence, but if they do be careful, atos are more likely to call in an armed police response....
    Mind you I guess it depends what the weapon is, it might not be a physical one, it could be a powerful document...
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • Muttleythefrog
    Muttleythefrog Posts: 19,727
    First Anniversary Name Dropper First Post
    Forumite
    edited 25 January 2012 at 12:53PM
    cit_k wrote: »
    oooh im curious, it depends if they read the esa 50 and supporting evidence, but if they do be careful, atos are more likely to call in an armed police response....
    Mind you I guess it depends what the weapon is, it might not be a physical one, it could be a powerful document...

    lol... I'm doing everything I can to avoid the need for face to face medical... including sticking the report from my last (the first) in with ESA50. I've faced an armed employee before (well actually worse - I was shot at by them on two separate occasions..lol).. let them bring it on..haha... it'll be a hammer. Be funny if the HCP doesn't read the ESA50 or evidence in advance like last time only to find out I'm carrying a weapon highlighted in that evidence. Wonder if they have a panic alarm system... could be an interesting day out.. let's hope for everyone's sake they decide just to keep me in Support Gp without one..lol. The things you have to do to distract them from your dictaphone..lol.. terrible..haha
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • cit_k
    cit_k Posts: 24,812 Forumite
    lol... I'm doing everything I can to avoid the need for face to face medical... including sticking the report from my last (the first) in with ESA50. I've faced an armed employee before (well actually worse - I was shot at by them on two separate occasions..lol).. let them bring it on..haha... it'll be a hammer. Be funny if the HCP doesn't read the ESA50 or evidence in advance like last time only to find out I'm carrying a weapon highlighted in that evidence. Wonder if they have a panic alarm system... could be an interesting day out.. let's hope for everyone's sake they decide just to keep me in Support Gp without one..lol. The things you have to do to distract them from your dictaphone..lol.. terrible..haha

    Well, if you have put your carring a weapon in the evidence/forms already analysed by atos, then if they proceed with the assessment without querying that first, you know for sure they have not bothered reading your evidence as they are legally required to do.

    Most likely, if your lucky, they will read it on the day, just before the assessment starts.

    Depending on how well its read, they may or may not notice what you wrote...

    Did you give them a reason for carrying a weapon out of interest?

    I seriously would be suprised, if they found out on the day if they did not at best call the medical off (leading to no benefits and no pay during appeal) or called the police, and without good cause for a hammer, you risk being done for carrying a offensive weapon.

    Its certainly an interesting tactic, but rather risky.

    Regarding the dictaphone, good move.

    You may be interested in this FOI request (it was on a page linked to by morgan recently) - which states they are now allowing claimaints to request [in advance] their medical be officially recorded and atos will supply all the recording equipment etc.

    Worth doing, so you have an official record.

    But, even with the official recording (assuming they can figure out how to turn the machine on, they had great difficulty when they officially recorded mine) you should still covertly record the medical.

    This is because they may do what they did to me, and make you sign a document that restricts you legal rights, and attempts to pervert the cause of justice should you have grounds for a legal complaint against them that is non benefit related.

    You can sign the document, you have to really if you want your evidence, and dont want to be marked down as non compliant, but the document wont restrict your copy of the assessment - you own that, and you can do what you want with it.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • cit_k
    cit_k Posts: 24,812 Forumite
    Also, if you are called for a face to face assessment, ask them for a copy of the ESA 85A preboard report (the medical report done by atos that recommended to the decision maker a face to face medical was required, to see the reasons why they said so.) It could be like my last pre-board, despite sending in multiple pages of supporting evidence, the nurse doing the preboard said there was no evidence submitted at all!
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • jonty1970
    jonty1970 Posts: 492 Forumite
    kaya wrote: »
    My friend went to an ATOS medical 2 years ago and they failed him, he appealed, it took 18 months and the re-instated his money with backpay, he also went to one last week at the same place again and they passed him unfit to work with flying colours , he openly admits there is nothing wrong with him and he could go back to work tomorrow if he chose too(claiming for depression and anxiety) , i am not interested in any moral judgements and comments and won't be returning to this thread to view them so please don't waste your time , my point is that the system is clearly floored and not fit for purpose , so to anyone who is genuinly entitled to benefits please dont give up because they fail you or you had to go to tribunerals, if he can get them when he has no entitlement then you can too !

    I know someone who is fit for work, but knows how to fill in forms and how to put on an act. She has depressions and SAD, and gets DLA and ESA.
    I see her about town shopping and on facebook, in photos at the pub and parties.
    She told me how to help my sister pass the test.
    She makes ATOS come to her home, as she is too afraid to go out.

    My sister has bi polar, is genuinely unable to work at the moment (not much help form the NHS for her) Yet she received no points and had to appeal, and the appeal doesn't look good, as the doctor there didn't believe how ill she is.

    It all depends on how you fill in the forms and how good you are at knowing your "rights"

    I have heard of people seriously sick being denied benefits. The whole system is wrong, just because of the few people who want to swing the lead.
    They don't get affected anyway, as they have a brass neck and won't have their easy life taken away from them!
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