Home doctor visit from ATOS

nounou55

Dear all
:(I have just send my esa50.Can we request a home visit doctor from Atos.I suffer from panick attack and have vision problem too among other medical problems.What is the procedure for such a procedure.

daska

You need to get a letter from your GP stating that you need to have the medical at home and explaining why. ATOS can ignore it.

speedfreek1000

daska wrote: »

ATOS can ignore it.

What seriously what? :rotfl:

Chapter n verse from the ESA HCP handbook http://www.cpag.org.uk/esa/mstd_esa_hbk.pdf

3.11 Domiciliary visits
Not all benefit assessments are conducted at the examination centre. On
occasions a claimant will indicate that they are unfit to travel to or to attend the
MEC and a domiciliary visit becomes necessary.
If you are asked to visit a claimant in their own home it is essential that the
correct approach is made when arrangements are made by telephone.

If they do not agree to this I would ask them for their decision in writing of why your request has not been honoured!

They are contracted by the DWP therefore bound by the regulations imposed by the Secretary for State. They have no say in this as they are bound by the conditions imposed by their employers i.e. the DWP.

ATOS can only decline a home visit if it is not in line with regulations as put down in law by the Secretary for State.

stazi

Sorry sf1000, I don't think there are any 'DWP regulations' in this area.

It is ATOS's medical judgement on whether a home visit should/should not take place, and there are no appeal rights. A customers GP would need to fully support a home visit request and give reasons why one was needed.

speedfreek1000

Anything which applies to the DWP in regulation automatically applies to their agents.

ATOS is an agent employed by the DWP therefore they have to work within the rules as layed down through regulation/law by the Secretary of State as they are applied to the DWP itself.

All ATOS are allowed to do is advise a DWP DM on their interpretation of medical evidence provided and process evidence before passing to a DM for decision. They have no rights to decide policy or interprate it.

A request for a home visit can not be decided by ATOS as it is ultimately a DMs decision decided inline with DWP regulations handed down by the Secretary of States directions.

Therefore all evidence for a home visit should be passed to a DWP DM as part of process and decided by the DWP as it is not in ATOSs' remit to make such decisions?

I could be wrong but that's how I see it?

dmg24

speedfreek1000 wrote: »

Anything which applies to the DWP in regulation automatically applies to their agents.

ATOS is an agent employed by the DWP therefore they have to work within the rules as layed down through regulation/law by the Secretary of State as they are applied to the DWP itself.

All ATOS are allowed to do is advise a DWP DM on their interpretation of medical evidence provided and process evidence before passing to a DM for decision. They have no rights to decide policy or interprate it.

A request for a home visit can not be decided by ATOS as it is ultimately a DMs decision decided inline with DWP regulations handed down by the Secretary of States directions.

Therefore all evidence for a home visit should be passed to a DWP DM as part of process and decided by the DWP as it is not in ATOSs' remit to make such decisions?

I could be wrong but that's how I see it?

The DWP delegate such a decision to ATOS. AFAIAA there is no statutory right to have a home medical.

mandi

dmg24 wrote: »

The DWP delegate such a decision to ATOS. AFAIAA there is no statutory right to have a home medical.

dmg

What happens if the Op can't attend because of the panic atttacks ? I have read a few threads about this .

stazi

Well sorry sf1000 you see it wrong.

A JCP DM doesn't decide if a home visit should be/not be carried out- that's a medical decision- decided by ATOS- that's why it's in the ATOS HCP handbook. Nowhere in the ATOS handbook does it say JCP decide on home visits.

There's no JCP decision to give, and therefore no right of appeal against ATOS's decision-otherwise we would have heard about home visit 'appeals' before now.

mandi it will depend on the nature and frequency of the attacks. ATOS would ask if a customer can go out to the shops/bank/GP etc. If so, then ATOS would say that there's no reason that someone couldn't then go for a medical.

dmg24

stazi wrote: »

Well sorry sf1000 you see it wrong.

A JCP DM doesn't decide if a home visit should be/not be carried out- that's a medical decision- decided by ATOS- that's why it's in the ATOS HCP handbook. Nowhere in the ATOS handbook does it say JCP decide on home visits.

There's no JCP decision to give, and therefore no right of appeal against ATOS's decision-otherwise we would have heard about home visit 'appeals' before now.

mandi it will depend on the nature and frequency of the attacks. ATOS would ask if a customer can go out to the shops/bank/GP etc. If so, then ATOS would say that there's no reason that someone couldn't then go for a medical.

What she said!

cit_k

Would an appeal not fall under appealing good cause for failure to attend a medical examination. People have appealed because ATOS would not allow a medical to go ahead if they taped it on normal equipment, and that is a 'atos' decision.

ATOS wont terminate benefits, the DWP makes that decision, if you fail to have a medical because atos wont agree to a home visit.. As the DWP made the decision, an appeal should be allowed..

How far you would get is another matter.. Probably not far, but who knows..

dmg24

cit_k wrote: »

Would an appeal not fall under appealing good cause for failure to attend a medical examination. People have appealed because ATOS would not allow a medical to go ahead if they taped it on normal equipment, and that is a 'atos' decision.

ATOS wont terminate benefits, the DWP makes that decision, if you fail to have a medical because atos wont agree to a home visit.. As the DWP made the decision, an appeal should be allowed..

How far you would get is another matter.. Probably not far, but who knows..

If the claimant requests a home visit for medical reasons, yet the medical practitioner does not believe that such a need exists (or that insufficient evidence of such a need has been presented), the claimant would need to prove that the medical practitioner had erred in their interpretation of the information provided to them.

stazi provides an excellent example - if a customer can go to the shops/ pub/ (permitted) work, it would be difficult to argue that they could not attend the medical centre.