Atos medical, got a letter & have a few questions

stazi

The decision to/not to allow any type of recording is a matter only for ATOS- not DWP/JCP - as the examinations take place within ATOS medical centres.

nolegion

Thanks for the insight, Stazi. I didn’t know that.

I must say ,though, in my (genuine and extensive) ignorance as regards the relationship between Atos and the DWP, I have at least wondered (since reading the last- year- thread I mentioned earlier, anyway) whether there might be some, er, tension between the relevant government depts, and their ‘sub-contractors’ in this matter. After all, it’s the DWP who ‘gets appealed’, not the health professionals directly.

stazi

I don't think that there is any more, or less, 'tension' between DWP and ATOS, than there was years ago when the medical services part was 'in house' within the old Benefits Agency.

No medical examination system is perfect- DWP has its objectives, as does ATOS, and finally, as does the person claiming the benefit. All three objectives are different, and all three will see the process from their point of view.

The present system of independent examination, independent decision making,- (yes, I know they are all DWP/JCP staff- but doesn't mean that DWP tell them who to dis/allow), and finally an independent tribunal service, has it's faults, but is not all bad.

When someone doesn't meet the threshold/fails a medical, the only person it affects is the person claiming. It doesn't affect the HCP at ATOS, nor the DWP/JCP decision maker as they are only perfoming their roles in the process.

As we move towards IB>ESA migration from 2011>2014, I'm sure that we will see many more posts like this. They will be from people who have been claiming IB for years, and who then find themselves failing the much tougher WCA.

UnderPressure

Hello

I would suggest that your problem maybe with your partner going through an appeal process, they do generally frown (rightly or wrongly) on 2 co-habiting people in the same household both claiming IB, so I can only presume that because your partner at the moment has a "failed" claim they though they may as well check you out again as well.

You seem to be quite paranoid about Atos, I have had a lot of dealings with them in the past with my father and although very thorough have always been treated fairly, my advice would be to bite the bullet give them a ring on Tuesday get the first available appointment and go and get it over and done with. Until you have actually had the medical you dont know what you are potentially dealing with, after all everything may be fne in which case you probably wont here anything from them for at least 12 months.

Maybe your IB50 was obvious to them as being "engineered"? You did say a benefits professional helped you although they mean well they do have a tendancy to exagurate a little? Maybe this was evident to them or didn;t stack up with what you had to them in the past? Truth is always the best course of action with these people especially with Government targets to get people off IB as quickly as possible.

The only other thing I can think of would be to go and see your GP and ask him/her if they will do a letter for you on surgery headed paper confirming your illness, your medication what test's you have been for what specialists you have seen and final diagnosis, I would then take a copy along to the mediacl and also send a copy into DWP to be attached to your file.

Thats is about all you can do, dont let it ruin your weekend forget about it now on Tuesday call and get an appointment, you can get all the advice in the world on here but at the end of the day your are standing still and you need to move forward, this is your income get moving the sooner you go the sooner you get a decision.

If (and I am not doubting you for one moment) you are genuinely ill with your GP backing you dont have a thing to worry about if your not then well you know the rest.......................

Hope that helps, enjoy the bank holiday


EDIT

Forgot to mention forget the recording tosh your just putting a big red flag on your head and saying look at me.........................

stazi

Sorry UnderPressure, but your statement-

I would suggest that your problem maybe with your partner going through an appeal process, they do generally frown (rightly or wrongly) on 2 co-habiting people in the same household both claiming IB, so I can only presume that because your partner at the moment has a "failed" claim they though they may as well check you out again as well.

couldn't be anymore wrong on a number of points:-

IB is a contributory benefit, and assessed on each persons NI record, and PCA is applied as and when required. It is not relevant to JCP if a husband and wife are both claiming IB at the same time, as neither IB claim has an affect on the other.

DWP/JCP do not 'frown' on anyone going through the appeal process- that's what it's there for- it's called 'natural justice' in this case, for the customer. If someone wins their appeal and their benefit is reinstated, DWP/JCP reinstate the benefit asap. Rarely, where the DWP legal team think an appeal tribunal maybe wrong, then that decision will be challenged and referred to the Upper Tribunal- again this is called 'natural justice-this time for the Government.

DWP/JCP are busy enough at present, and I don't think they would have a staff party everytime someone loses an appeal - do you?. I fail to understand why you would think a Government Department would act like that.

UnderPressure

As all I can say in reply to this is there has to be a reason why they are asking for the OP to have a medical only 6 months after his last usually they are 12 months apart if not longer, and I do know from experience that when they suspend/cease/investigate they do then check other claims within the same household.

I have no "insider" knowledge I can only go off my own experiences with them as I suggested above the only way the OP can move forward with this is too bite the bullet so to speak and make the appointment and see what the outcome is.

I have not intended to gice inaccurate information it is only a personal opinion based on what the OP has said within this thread, we do not know the reason as to why they suspended his partners claim if they suspect fraud they they WILL investigate other claims within the household.

hope that helps

dmg24

UnderPressure wrote: »

As all I can say in reply to this is there has to be a reason why they are asking for the OP to have a medical only 6 months after his last usually they are 12 months apart if not longer, and I do know from experience that when they suspend/cease/investigate they do then check other claims within the same household.

I have no "insider" knowledge I can only go off my own experiences with them as I suggested above the only way the OP can move forward with this is too bite the bullet so to speak and make the appointment and see what the outcome is.

I have not intended to gice inaccurate information it is only a personal opinion based on what the OP has said within this thread, we do not know the reason as to why they suspended his partners claim if they suspect fraud they they WILL investigate other claims within the household.

hope that helps

The OP did not have a medical six months ago.

stazi

PCA medicals can be sent again after 3/6/9/12/18 months, 2 & 5 yrs, or at any time where an IB decision maker has doubts about the incapacity. The timing of the next PCA is normally suggested by ATOS at the previous examination, taking into account the customers incapacity/condition.

If the OP is being sent again, it has nothing to do with anyone else in the household appealing at this time. After the OP's previous PCA examination, JCP will have sent out a form IB72 which states that they will look again at the claim in x months/years.

dmg24

stazi wrote: »

PCA medicals can be sent again after 3/6/9/12/18 months, 2 & 5 yrs, or at any time where an IB decision maker has doubts about the incapacity. The timing of the next PCA is normally suggested by ATOS at the previous examination, taking into account the customers incapacity/condition.

If the OP is being sent again, it has nothing to do with anyone else in the household appealing at this time. After the OP's previous PCA examination, JCP will have sent out a form IB72 which states that they will look again at the claim in x months/years.

The OP is not being sent again. They submitted their IB50 six months ago. They have not had the resulting medical yet.

donny909 wrote: »

As said I got a letter to go for the atos medical today over my IB. They have not stated or given me a date, but i'm to phone them and arrange a date. But I've a few questions and points I could do with being clarified before I phone them.

First off, don't they need me to fill the questionaire in before they can assess weather or not I need a medical?. As the last questionaire was sent to them near 6 months ago and they never called me in then can they still use that out of date questionaire or should they\need to do a fresh 1 before calling me in?. I'd have thought after near 6 months the details in the old questionaire would be invalid and they cant act on them but need to send out a fresh 1?.

I have no trust for those doing the medicals in the slightest, in fact how can anyone when they are motivated by targets & bonuses?. So to ensure when I go to a medical I get a fair hearing i'd like to have the protection of being able to prove weather or not the medical is fair and just by having it audio recorded. I gather I'm within my rights to ask for the medical to be audio recorded. But this has to be requested and arranged before the medical?.

Anyone got any information on having the medical recorded or my first points?.

UnderPressure

Appologies my mistake I can now see after re-readin the OP submitted his IB50 6months ago.

Either way the only way to move forward is to book and goto the appointement.

I hope it all works out for you

Have a great weekend