ESA - Medical Questionnire - advice really needed

cit_k

hobbledehoy. wrote: »

Hello

You surprise me!

I received a letter from ATOS which enclosed the ESA50 and it clearly states that NOTHING apart from the ESA50 is to be returned with the form.

I did speak with ATOS/DWP about this and they stated that the reason for this is that the ATOS assessor would not be interested in any other information other than the ESA50 and would not use it in carrying out the assessment or preparing the report to the DWP.

If I wanted evidence to be taken into consideration it should be sent direct to the BDC either now or if I failed, at the reconsideration stage.

In my case, it was not evidence as such, but an explanation of how my life and ability to work were severely restricted.
In the end I took it with me to the Tribunal and showed it to them.
I have just returned my second ESA50 (two within a period of 12 months!) and again I haven't sent in anything with it as I don't have any evidence as you would describe it as being, just this letter of explanation which I will again produce at my next appeal hearing.

Yes, its standard for them to tell you not to submit anything with the form, just ignore it and send it in anyway, best to send a copy to both ATOS and the DWP if possible.

The assessor has to comply with GMC or NMWC guidelines, and that means they have to do proper medical report, this means they HAVE to look at all the relavent evidence, they cannot just ignore it.

If they do, they have failed in their professional ethics...

hobbledehoy.

cit_k wrote: »

Yes, its standard for them to tell you not to submit anything with the form, just ignore it and send it in anyway, best to send a copy to both ATOS and the DWP if possible.

The assessor has to comply with GMC or NMWC guidelines, and that means they have to do proper medical report, this means they HAVE to look at all the relavent evidence, they cannot just ignore it.

If they do, they have failed in their professional ethics...

Hello

You have lost me!

What on earth has the General Medical Council got to do with this?

All I am being assessed for is if they think I can work or not.

I don't understand, why would ATOS & DWP specifically state NOT to send anything in - there must be a reason.

I'm sorry but you just can't ignore a Government instruction - it's no different than saying that you are refusing to submit your tax return to HMRC. You can't just choose to do or not do something when you are told otherwise.

This Benefit system has me all confused now - so I just decide what rules I must follow or not!

I don't think so

Savvy2Be

evertonemo73 wrote: »

To the OP,

you really shouldn't stress to much over the form filling, i know it looks a bit daunting but i was in the same position myself about 20 mnths ago. i'm hopeless at filling these things out but the advice i was given was just to take my time and to write my answers to each section down in a notepad first before putting it onto the form. this gave me the opportunity to read it back first to make sure all the info they needed was there. anything extra that i couldn't fit into the box provided i put onto a spare sheet of paper. i hope your experience with this process is better than what mine was. i found the whole process to be very shoddy and all that the DWP were concerned about was getting me off ESA(which i'm not on by choice) and back into work, they seem to forget that the NHS wheels turn at their own pace and no matter how much you try and get them to turn faster they never do. sorry rant over.
as long as you give them full and correct answers as to how you are you will be ok, my advice would be to keep a record of what you write down as your own personal record, you never know whenit may come in handy.
i know its hard but keep your chin up, i've had the worst 20 months of my life healthwise and it's suprising how friends, family and a positive outlook gets you through the day.

Thanks for the advice. Im slowly working my way through. Im quite used to form filling within my past job, but I guess at the moment I find it hard to get accross how the depression/pain affects me on these forms. Im trying to be as full and descriptive as possible.

Its a nightmare as Im going through ATOS referral with my employer as well as they have referred me as apart of attendance proceedings, so its a double whammy, when I least need all this. I had a telephone interview Monday and a medical Thur :-(

Savvy2Be

cit_k wrote: »

I would staple them to the form, so they dont get 'lost' and make sure you include your name and NI number on EVERY sheet, and number all the sheets, AND make it clear how many sheets are attached to the form by writing a note in the form itself.

Then phone up to check they have all the sheets and have read them later. Then write to them to get that in writing.

Then expect them to ignore everything you wrote anyway.

Keep copies of everything you send and everything they send you.

They have a habit of losing things....

Request a copy of a preboard report if you are sent for a medical.

After the medical, request a copy of the medical report.

At the medical, request to see a copy of the report before it is sent to the decision maker (they will refuse, but do so anyway)

Thanks, thats very helpful. Im already finding they lose things as ive been sending in my sick notes 1st class post and each time they seem to take ages to arrive with them..probably go into a black hole!

I'm going to make sure I copy everything for my own records, good idea.

Morglin

hobbledehoy. wrote: »

Hello

You have lost me!

What on earth has the General Medical Council got to do with this?

All I am being assessed for is if they think I can work or not.

I don't understand, why would ATOS & DWP specifically state NOT to send anything in - there must be a reason.

I'm sorry but you just can't ignore a Government instruction - it's no different than saying that you are refusing to submit your tax return to HMRC. You can't just choose to do or not do something when you are told otherwise.

This Benefit system has me all confused now - so I just decide what rules I must follow or not!

I don't think so

Not really - but experience has taught most us that the more info sent, at the start of a claim, regardless of what the instructions say, the more chace of the claim being considered fairly.

I would advise the OP to send whatever relevant evidence/info they have.

Lin

cit_k

hobbledehoy. wrote: »

Hello

You have lost me!

What on earth has the General Medical Council got to do with this?

All I am being assessed for is if they think I can work or not.

I don't understand, why would ATOS & DWP specifically state NOT to send anything in - there must be a reason.

I'm sorry but you just can't ignore a Government instruction - it's no different than saying that you are refusing to submit your tax return to HMRC. You can't just choose to do or not do something when you are told otherwise.

This Benefit system has me all confused now - so I just decide what rules I must follow or not!

I don't think so

ATOS assessors have to be registered with either the GMC or NMWC (or other body depending on the type of professional they are) this means to comply with their registration they have to comply with all of that bodies rules.

Secondly, its not a government instruction, its wording on a letter from medical services, atos in other words, there is nothing that I am aware of in any legislation that stops you from sending in evidence.

In fact, if I had the energy, I would take this to judicial review, as it is an attempt to restrict the right to a fair trial basically, an attempt to stop evidence from being sent in.

As I say, I sent in numerous sheets with mine, they ignored it completely, I blasted the dwp, the forwarded it to atos, they apologised in writing for the oversight.

cit_k

One other point, if you do request help from a third party in filling in the form, ensure you mention this on the form, that you requested help from xyx or whoever.

Savvy2Be

Thanks all. Its a minefield and as ive never gone through it before any advice is a help.

Due to my being off sick my work are going through the ill health dismissal route and are getting me assessed by atos (atos said unfit to work) and due to have another telephone call with them tommorow (this is all to do with my employer referring it to atos), what im not sure is..as they are the same assessors will I have to go through it all again for the benefits, or as its so near in time will they simply check the records if I refer to it on the questionnaire? Any ideas? I have to return the questionnaire for the ESA by 24/1/10 and am currently this week going through assessment on my capability to work from atos as well. I know its for seperate reasons but its both based on my fitness for work?

Hope I dont have to do it twice, its all just adding to the stress and the pain has been alot worse this past week.

dmg24

Savvy2Be wrote: »

Thanks all. Its a minefield and as ive never gone through it before any advice is a help.

Due to my being off sick my work are going through the ill health dismissal route and are getting me assessed by atos (atos said unfit to work) and due to have another telephone call with them tommorow (this is all to do with my employer referring it to atos), what im not sure is..as they are the same assessors will I have to go through it all again for the benefits, or as its so near in time will they simply check the records if I refer to it on the questionnaire? Any ideas? I have to return the questionnaire for the ESA by 24/1/10 and am currently this week going through assessment on my capability to work from atos as well. I know its for seperate reasons but its both based on my fitness for work?

Hope I dont have to do it twice, its all just adding to the stress and the pain has been alot worse this past week.

They are different assessors, and the criteria is different, so you may be found unfit by one and fit by the other.

Savvy2Be

cyclops. wrote: »

It's a totally different ball game!

ATOS could quite well say that you are unfit to carry out your duties and that there are no reasonable modifications that could be made by your employer to help you stay in work. You would then be sacked.

The following week you could have your assessment with ATOS for ESA, and they will more than likely find that you are capable of carrying out some work and tell you to either go back to work or find a job!

The criteria for each is totally different.
Being found fit for some work could mean sitting indoors licking envelopes at the rate of 1000 for £5. It is still a job.

In fact as a percentage of the population, it is a very small number that actually are classified as being unable to do any work and are unemployable. The vast majority notwithstanding that they are ill, still could carry out some sort of paid work if it was available.

I understand your point however both assessments were by ATOS assessers, the same as the benefits process. They assessed my capibility to work and filed a report today detailing various things and that I'm currently unfit to work. Hopefully its not going to be for much longer, a few months and I may be able to work. (I really want to return to my job, ive spent ten years there and worked very hard to be a manager)

I know people have said not to attach things to the questionnaire but I may attach a copy of the ATOS report also as I was thoroughly questioned/medical evidence etc.

My work have the right to sack me, but my union said they have to be seen to take into consideration the ATOS report as they have made the suggestion that work allow me a period of time to build up the medication withouth them pressuring me with meetings etc. I just hope they agree.

I honestly wish I could work, but theres so little time when the pain is not going crazy and I have to snatch moments to check my emails etc, cant do anything for very long. Its knocked my confidence and made me feel isolated and low as im used to being a busy person with a hectic job etc. I just hope the specialist's advice works.