ESA assessments

gypsyjanet · 7 November 2011 at 4:41PM

I had to wait two years for my first ESA assessment, I thought it had to be done within six months would I be right in thinking this?
When I went to the Tribunal my Advisor mentioned to the Tribunal hearing something about having to be made to wait and quoted some regulation and this was acknowledged. However, my advisor who never conversed with me and failed to even read my e-mails wrote to me saying that he didnt feel that I had any reasons to take my case to the higher Tribunal. If the assessment should be heard with in six months then surely this is a reason to take it to the higher Tribunal?
I am also angry that two things that that came out at the tribunal hearing were factually incorrect and want to know how to have these corrected. I have written to Atos and requested to have the same paperwork that they gave to the Tribunal but have not had any reply. If Atos give false information about you to the Tribunal who do you complain to about it .
I was supposed to attend another assessment today but wrote to them and said that not only could I not travel on public transport but I would not be able to afford to get in. I sent a copy of the letter to my MP and he wrote back saying that I should apply for a crisis loan in order to get there. ( Too late to do this of course and Atos could do with putting this in their letters )
My doctor said that I am not disabled enough for her to send them a letter for me to be able to get a taxis in ,but she thinks that what they are asking me to do is totally unreasonable.
Atos have sent me a travel plan in which there are seven changes involving three buses and a train journey and then a long walk ,but worst of all is the four hour wait for a bus home!!! With out going into my medical history too deeply my knees are both knackered and I have arthritis of the spine, both of which mean that I cant walk too far.I am assuming that the travel plan was for someone who is fit and able as it even gives a time of six minutes from my front door to the bus stop!
Does any one know what happens when you dont attend an assessment?

cit_k · 7 November 2011 at 5:22PM

gypsyjanet wrote: »

I had to wait two years for my first ESA assessment, I thought it had to be done within six months would I be right in thinking this?
When I went to the Tribunal my Advisor mentioned to the Tribunal hearing something about having to be made to wait and quoted some regulation and this was acknowledged. However, my advisor who never conversed with me and failed to even read my e-mails wrote to me saying that he didnt feel that I had any reasons to take my case to the higher Tribunal. If the assessment should be heard with in six months then surely this is a reason to take it to the higher Tribunal?
I am also angry that two things that that came out at the tribunal hearing were factually incorrect and want to know how to have these corrected. I have written to Atos and requested to have the same paperwork that they gave to the Tribunal but have not had any reply. If Atos give false information about you to the Tribunal who do you complain to about it .
I was supposed to attend another assessment today but wrote to them and said that not only could I not travel on public transport but I would not be able to afford to get in. I sent a copy of the letter to my MP and he wrote back saying that I should apply for a crisis loan in order to get there. ( Too late to do this of course and Atos could do with putting this in their letters )
My doctor said that I am not disabled enough for her to send them a letter for me to be able to get a taxis in ,but she thinks that what they are asking me to do is totally unreasonable.
Atos have sent me a travel plan in which there are seven changes involving three buses and a train journey and then a long walk ,but worst of all is the four hour wait for a bus home!!! With out going into my medical history too deeply my knees are both knackered and I have arthritis of the spine, both of which mean that I cant walk too far.I am assuming that the travel plan was for someone who is fit and able as it even gives a time of six minutes from my front door to the bus stop!
Does any one know what happens when you dont attend an assessment?

Can you clarify what terms you are using?

You change between assessment and tribunal a lot, can you explain the time line of events?

Roughly when did you first claim, when did you (if you did) have a medical assessment by ATOS?
When where you turned down by the dwp?
When did you tell them you wished to appeal?
When did you have the tribunal?
Did you lose that tribunal?
What assessment are you talking about now?
Are you being asked to attend another medical? Why?

wellynever · 7 November 2011 at 5:37PM

tottybum wrote: »

Well if you can't/won't attend you will lose your claim - simple as that.

What do you want me to say? Your GP has refused to confirm that you are disabled and that you require a taxi.

There is not much else that is available to you apart from find a way of getting there, and as I have said, hire a wheelchair and get someone to take you.

Nobody can make your GP change his/her mind, certainly not on this forum.
There simply are no other alternatives. You have to find a way of getting there yourself or borrow the money for a taxi.
That's the simple truth of the matter. No point !!!!! footing about.

I was put in the support group the other month after passing the ATOS medical

Live and learn.

cit_k · 7 November 2011 at 5:42PM

gypsyjanet wrote: »

My doctor said that I am not disabled enough for her to send them a letter for me to be able to get a taxis in ,but she thinks that what they are asking me to do is totally unreasonable.

Can you get your doctor to put that in writing, somthing like

'technically it would be possible for the patient to travel by public transport, but it would be totally unreasonable medically to expect them to have to do so'

Because, that should make damning evidence if ATOS forced you to travel by public transport, if they were given a copy of a letter saying that (official, from the GP)

wellynever · 7 November 2011 at 5:45PM

cit_k wrote: »

Can you get your doctor to put that in writing, somthing like

'technically it would be possible for the patient to travel by public transport, but it would be totally unreasonable medically to expect them to have to do so'

Because, that should make damning evidence if ATOS forced you to travel by public transport, if they were given a copy of a letter saying that (official, from the GP)

You beat me to it i was just going to say the same but also ask for a home visit see if your doctor will write a letter telling them you need a home visit, Not that you need a doctors letter, Some people on here think you do though.

cit_k · 7 November 2011 at 5:50PM

wellynever wrote: »

You beat me to it i was just going to say the same but also ask for a home visit see if your doctor will write a letter telling them you need a home visit, Not that you need a doctors letter, Some people on here think you do though.

Did you manage to get ATOS to agree to a home visit without a letter from a medical profession stating its required?

If so, how did you manage that?

tottybum · 7 November 2011 at 5:57PM

wellynever wrote: »

You beat me to it i was just going to say the same but also ask for a home visit see if your doctor will write a letter telling them you need a home visit, Not that you need a doctors letter, Some people on here think you do though.

The GP has already told the poster that he/she is 'not disabled enough' to qualify for a taxi. I doubt that the GP would go further and say that they assessor should come to their home!

It seems that the GP is saying that the alternative of public transport is not reasonable.

From that it would seem that the GP refuses to confirm that the poster is not ill enough to qualify for a taxi, and should therefore go by public transport. However that is also unreasonable according to the GP.

So what is so wrong in having someone take the poster on public transport? Mind you having not turned up for the assessment could very well now result in the loss of the claim so all of this is immaterial.

wellynever · 7 November 2011 at 5:58PM

cit_k wrote: »

Did you manage to get ATOS to agree to a home visit without a letter from a medical profession stating its required?

If so, how did you manage that?

Hi cit_k i've had many a medical all i do is phone and tell them i want a home visit they tell me they will be sending out a letter telling me when the home visit will be i'm not sure if they get intouch with my doctor as i've never been told,

Must admit i did ask the doctor this time as with all the changes.

cit_k · 7 November 2011 at 6:02PM

tottybum wrote: »

The GP has already told the poster that he/she is 'not disabled enough' to qualify for a taxi. I doubt that the GP would go further and say that they assessor should come to their home!

The o/p has stated the doctor has stated it is totally unreasonable for her to be expected to attend though.

The GP is probably correct, technically they may be physically able to get to an assessment by public transport, heck someone could crawl there using arm power alone. But, and this is the important thing, although 'possible' its unreasonable to expect it.

Its possible for me to poke my eyes out so I dont have to watch the X-factor, but its unreasonable to expect me to do it, when a more suitable option would be available, changing channel.

Just like its possible for them to attend by public transport, but its unreasonable for them to be expected to do so.

cit_k · 7 November 2011 at 6:02PM

wellynever wrote: »

Hi cit_k i've had many a medical all i do is phone and tell them i want a home visit they tell me they will be sending out a letter telling me when the home visit will be i'm not sure if they get intouch with my doctor as i've never been told,

Must admit i did ask the doctor this time as with all the changes.

I would expect they asked the doc behind the scenes, or already had evidence that your condition required a home visit, and when you asked, they simply confirmed from the details they had.

gypsyjanet · 8 November 2011 at 10:33AM

Hi , I was hoping for some positive feedback into my situation but Im quite shocked at some of the replies I have recieved . I live in a rural village miles from the Atos centre. I am not talking about a quick trip on a bus I am talking about seven changes; three buses and a train journey then a considerable long walk. Although I am not totally incapable of taking this trip it would cause me unnessasary pain and I dont see why I should be caused any pain when this whole assessment situation is a complete sham! As I understand it as soon as you are seen walking into the assessment centre you are already deemed fit for work. There are no" hire centres" for wheelchairs in my village,you have to be a complete cretin to suggest something so bloody stupid.
My consultant has given an analogy of the state my left knee is in which is the worst of the two ; " it is like a brick wall of a house with plaster on either side of the bricks, you have worn out the plaster and the brick and your knee is held together with only a thin bit of plaster!!!!
The reason my doctor will not sign me off as disabled is because with a knee replacement this problem could be remedied.The only trouble is that Im apparently too young for a replacement.
Also, I actually forgot to tell my GP that if I have to sit in a normal seat on a bus my knees lock and I cant move.
It obvious to me that I should just go and sign on job seekers and let them find me work within my capabilities as that is obviously not what Atos are about.
I am now totally depressed , thanks !

ESA assessments

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