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ESA Medical - here we go again!
Comments
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I stand by what I have said, the DWP do not refuse to take an appeal further after a reconsideration - people have the option to appeal to a tribunal.
I don't believe I stated otherwise.Also not all reconsiderations are turned down.
They were in my case, and they were in every one of the cases of quite a few people I know who've gone through the same process.I cannot be bothered to reply to the rest of your post as you are clearly paranoid.
Nobody forced you to reply in the first place.0 -
I'll try and do that, or my daughter will. She says she is going to take notes. Will they be of use?
They may try to stop you from taking notes - posters have recorded instances of this. Or they may state that the notes can't be used for the purposes of an appeal (untrue!).
But you do have the right to take notes, regardless of what they say.
Google 'Atos try to stop you taking notes at WCA' and you'll find an interesting CAG thread which'll go more into detail about that.
You'll also encounter an interesting site called 'Why Wait Forever', and that's worth a read as well.0 -
They may try to stop you from taking notes - posters have recorded instances of this. Or they may state that the notes can't be used for the purposes of an appeal (untrue!).
But you do have the right to take notes, regardless of what they say.
Google 'Atos try to stop you taking notes at WCA' and you'll find an interesting CAG thread which'll go more into detail about that.
You'll also encounter an interesting site called 'Why Wait Forever', and that's worth a read as well.
I was told I couldnt takes notes nor speak for my husband at his medical even though he cant speak for himself because he has had a stroke which affected his ability to find the words and/or process them into a conversation (which are common after a ischemic stroke), I explained this and that I needed to lip read her and she threatened to through me out of the medical for both that and for having a noteboot and pen ready to make notes but the irony is I can barely write my name because my hands are riddled with RA.
Thankfully my husband was left in the support group so I hope their will be no more medicals for a while.0 -
I don't believe I stated otherwise.
They were in my case, and they were in every one of the cases of quite a few people I know who've gone through the same process.
Nobody forced you to reply in the first place.
QUOTE:
You'd need to write to the DWP telling them you intend to appeal the decision. The DWP will write back a couple of times, refusing to take it any further, but you just stick to your guns, and insist on an independent oral hearing (tribunal).
You did as above, this getting tedious now.
My point was that not all reconsiderations are turned down, that is a fact.
No nobody forced me reply but you are giving people a false impression of what is likely to happen and that needs to be corrected.0 -
I would just like to point out to people that the majority of people are treated fairly by the DWP and ATOS (within the rules and regulations) and it is the minority of people who have problems and those are the people who are likely to post on this type of forum. The majority that do not have problems have no reason to post.
As everyone knows the chance of passing an ESA assessment is much lower than the chance of passing an IB assessment so there is no need for Doctors to lie as the majority will fail in any case.0 -
I'll try and do that, or my daughter will. She says she is going to take notes. Will they be of use?
Taking notes is a good idea, as long as it does not interfere with the medical. So don't expect to be able to take down every word, or for the HCP to wait whilst the note taker catches up etc.
You can request a recorded medical, however they do normally require lots of notice for this. It seems to be easier to arrange in some areas than others - I know they are pretty good at Nottingham.
Be careful with the covert recording idea, it is more likely to stress you out than being helpful. I know for me it would make me very paranoid, and my mind would be more on whether it was recording/ if I was going to get found out etc than actually answering the HCP's questions.
It would be a good idea to take some notes with you if you feel it would help - maybe a bullet point list of your daily routine?deeplyblue wrote: »On the matter of "frivolous" appeals: the DWP might not put it in so many words. However, I'm sure that they feel that some claimants are going to appeal, even though they know there is only a very small chance of success in order to keep themselves within the ESA "process" and perhaps delay the inevitable moment when they have to go on to JSA. It is not the whole process to which the word is being applied, just that some appeals are made on trivial grounds, with little chance of success and such appeals do get described by some people as "frivolous".
The new process of "reconsideration" which the DWP has been trialling does include a provision for the DWP to try to get rid of the sort of appeals which get labelled "frivolous":
http://www.appeals-service.gov.uk/Documents/ReconsiderationPilot2_25Feb11.pdf
I have seen this applied, albeit informally. An acquaintance sent in an appeal letter that said nothing about his condition, but was just a rant about the DWP and the govt in general! I was very surprised (and impressed) when he received a letter back explaining what he needed to put in his appeal letter, and giving him an extension to submit it. Needless to say, the new letter was written by me!I would just like to point out to people that the majority of people are treated fairly by the DWP and ATOS (within the rules and regulations) and it is the minority of people who have problems and those are the people who are likely to post on this type of forum. The majority that do not have problems have no reason to post.
As everyone knows the chance of passing an ESA assessment is much lower that the chance of passing an IB assessment so there is no need for Doctors to lie as the majority will fail in any case.
A nicely balanced post.
Gone ... or have I?0 -
QUOTE:
You'd need to write to the DWP telling them you intend to appeal the decision. The DWP will write back a couple of times, refusing to take it any further, but you just stick to your guns, and insist on an independent oral hearing (tribunal).
You did as above, this getting tedious now.
My point was that not all reconsiderations are turned down, that is a fact.
My point was that every chance at reconsideration that the DWP could have taken in my own case and others' cases that I know of, they didn't.
If it's getting tedious, then why do you keep replying and hammering away at the same point? Again, no-one's putting a gun to your head.No nobody forced me reply but you are giving people a false impression of what is likely to happen and that needs to be corrected.
What's false about it? I notice you've never actually told of your own experience at such assessments.0 -
Taking notes is a good idea, as long as it does not interfere with the medical. So don't expect to be able to take down every word, or for the HCP to wait whilst the note taker catches up etc.
You can request a recorded medical, however they do normally require lots of notice for this. It seems to be easier to arrange in some areas than others - I know they are pretty good at Nottingham.
Be careful with the covert recording idea, it is more likely to stress you out than being helpful. I know for me it would make me very paranoid, and my mind would be more on whether it was recording/ if I was going to get found out etc than actually answering the HCP's questions.
It would be a good idea to take some notes with you if you feel it would help - maybe a bullet point list of your daily routine?
There's no reason to be paranoid via secretly recording. Set the device away in a shirt pocket, and let the medical take its course.
Any 'fear' about that is much more likely to be on the 'doctors' mind than the patient's. The patient has nothing to fear by doing it, and nor can (or should) the patient be penalised for doing so.I have seen this applied, albeit informally. An acquaintance sent in an appeal letter that said nothing about his condition, but was just a rant about the DWP and the govt in general! I was very surprised (and impressed) when he received a letter back explaining what he needed to put in his appeal letter, and giving him an extension to submit it. Needless to say, the new letter was written by me!
I can't really say anything about that.A nicely balanced post.
Not really - it isn't balanced at all.
It reads more like the poster is trying to whitewash the inherent flaws that the current system has.0 -
My point was that every chance at reconsideration that the DWP could have taken, they didn't.
What's false about it? I notice you've never actually told of your own experience at such assessments.
You are just one person, I know that the percentage of decisions changed at the reconsideration change is low, but my point is that some decisions are changed at that stage.
It is false because it makes it look like the majority will have a bad experience when that is not the case.0
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