ESA - What to expect along the way?

Simon7685

Last week I received the surprise that my DLA had been renewed for a further 2 years. A surprise because the previous 2 awards had involved me having to go to appeal tribunal.

In May I was sent the challenge that is the ESA 50 and advised I was being 'migrated' from IS to ESA. The form was returned and today there was a phone call from 'medical services', my wife took the call and said I was currently unavailable, they left an 0800 asking me to ring them.

So I guess that this is for the joy of attending a 'medical'. Now I am not stupid and no there is no choice here but what is the procedure if I 'forget' to call them back, it happens. I know that most people go into these situations expecting to qualify and come away with nil points irrespective of their problems, I don't expect my situation will be any different to the thousands of others before me.

So to a degree and because I expect to have to fight all the way through appeal, how long can I postpone the inevitable as it were? I guess I worry about ringing them and having to go through this tomorrow, which I can do without.

Any advice on what happens next would be helpfull and appreciated.

rogerblack

They may send a letter.
They may, depending on your answers during the call decide that they do not need to call you to a medical, and can recommend you are entitled for one of the two groups on the papers alone.

Depending on your condition - and if you may be eligible for the support group - it may be better for you to have a medical - rather than be put in the work-related group.

In short - calling them is generally a good plan, as it may make it more likely you can avoid a medical.

Simon7685

Thanks for that info Roger.

Can anyone tell me the timeframe between me ringing up and having to attend a medical?
Also is it usually in the town where you live, or are you expected to travel miles to attend. For info I live in Scarborough, N. Yorkshire.

Simon7685

Ok, I have managed to find out that there is an assessment centre in my town, so guess I will be going to that one, at least it's not miles to have to travel.

I am still reading up on the threads on here and in the disability and dosh forum to get as much info as I can. I have read through all the descriptors and in total honesty, based around my difficulty walking and getting around, or being able to sit or stand for long periods, I should easily score over 15 points. Though I guess when it comes to the 'assessment' that will translate into much less and the other problems I have ignored as well!!!

It seems to me that going to these assessments is a bit like a kangaroo court, if you go and are honest about your problems they just dismiss them out of hand anyway and basically put what they like about you and your problems.

Does anybody out there have any positive experiences, where they have been treated fairly by ATOS, or is it just going to be the nightmare that it seems to be?

rogerblack

Simon7685 wrote: »

Does anybody out there have any positive experiences, where they have been treated fairly by ATOS, or is it just going to be the nightmare that it seems to be?

For both my ESA assessments, the assessors have been professional, polite and attempted to get the best description of my condition they can in the limited time they have.
The problems (I have experienced) are not due to lack of care by the ATOS staff that I have met, but systematic problems - for example the DWP not actually reading stuff.

moneysavingscouser

Atos staff will be more likely to be employed if they make sure a certain percentage of people fail the ATOS 'examination'.

I had an ATOS medical examination last September. I got 0 points. So did a friend with cancer! Appealing is simple IF you get advice off people who deal with this complicated matter.

I had my appeal in April, early April. I won. The two panel appeal 'adjudicators' agreed I was indeed ill. I have yet to receive my backdated pay. This was for the lowest payment one can get on ESA.

So if you have been waiting 8 - 10 weeks after winning a tribunal, its is not unusual.

ALWAYS get help if you have to go to an ATOS medical examination.

ALWAYS make sure you talk to people when going through this stressful time.

I am sadly used to it. I always find ATOS find a miracle 'cure' and deem me well. A more thorough examination by the two panel team at the appeal usually sees most people win.

I have had maybe half a dozen medicals. I passed only one. I won ALL appeals.

ALWAYS appeal!!!!

Thanks for reading my first post!

It is not nice to be treated like a liar - but do not let it get you down.

atrixblue.-MFR-.

moneysavingscouser wrote: »

Atos staff will be more likely to be employed if they make sure a certain percentage of people fail the ATOS 'examination'.

I had an ATOS medical examination last September. I got 0 points. So did a friend with cancer! Appealing is simple IF you get advice off people who deal with this complicated matter.

I had my appeal in April, early April. I won. The two panel appeal 'adjudicators' agreed I was indeed ill. I have yet to receive my backdated pay. This was for the lowest payment one can get on ESA.

So if you have been waiting 8 - 10 weeks after winning a tribunal, its is not unusual.

ALWAYS get help if you have to go to an ATOS medical examination.

ALWAYS make sure you talk to people when going through this stressful time.

I am sadly used to it. I always find ATOS find a miracle 'cure' and deem me well. A more thorough examination by the two panel team at the appeal usually sees most people win.

I have had maybe half a dozen medicals. I passed only one. I won ALL appeals.

ALWAYS appeal!!!!

Thanks for reading my first post!

It is not nice to be treated like a liar - but do not let it get you down.

not true.

many people walk into these medicals expecting them to know your condition like your GP does.

when they get nill points, its because youve either been unclear in respose, or put YES IS CAN BUT IT HURTS and is a struggle response, all Atos need to hear is yes i can do it to award you nothing.

if your asked a specific question to wich you know you struggle with such as walking its not a good idea to say i can walk about 300meters but it bloody hurts me to do it.
its better to say walking causes alot of pain and is there from the moment i make a step, it gets worse the further i walk.

this response prompts questions from the assessor who will be more inclined to listen fully to you, such as where is the pain, when was you diagnoised, what walking aids do you have, are stairs a problem?.

epitome

If you don't call them, I guess they would call you again and eventually with no contact just send you an appointment letter.

If you miss the first appointment, it is my understanding that they generally give you a second chance. If you miss the second, they generally close your claim.
However missing an appointment is risky, if they don't accept your reasons and close your claim you will not be entitled to receive payments on appeal. If you attend the medical and fail you will be entitled to payments on appeal.

Simon7685

I don't intend to miss any appointments, I was just wondering how long I may be able to delay going through the whole scenario. Having gone through the appeal process sucessfully on 2 previous occasions with DLA, it is the thought of having to do it all again, this time with ESA. The last tribunal I went to was one of the most harrowing experiences ever. Whilst the panel seemed basically on my side, the DWP representative used every thing she could come up with, including accusing me of lying, saying I was putting it on and wasn't as bad as I said, saying I didn't need the medication I was on etc etc. the thought of having to fight through this again is a nightmare quite frankly and I have to question if it is worth it, or if my sanity can stand it again.

I appreciate that I may get enough points at the assessment not to have to go through it but judging by others and what I have read, I can't imagine it will be that straight forward. So if I can delay, even if only for a couple of weeks then that makes sense to me at the moment.

Horseunderwater

If you have been through it for DLA, their descriptors are somewhat similar. Especially for the walking part. I got DLA HRM as I currently have severe walking problems 6-8 meters before I need to stop and catch my breath and balance etc. This applies to both benefits and that is how I described it on both forms. DLA no medical, but ESA a medical, 2 appointments of which they have cancelled! So my advice would be to use the descriptors as a starting point when completing any forms for ESA etc and when you go to the medical use those terms and tell them exactly how hard you find doing a walk or getting up from a chair, can you do it over and over, or is it a one off, then bed rest for an hour? You sound like it might be along those lines.

Simon7685

Is it a good idea to ask for the assessment to be recorded, which I have seen a few people saying on here and is it possible?

If I have to go through to appeal I think it could be usefull to have a recording as I know from experience that their 'doctors' to tell lies. The 'doctor' who visited me at home for my 2nd DLA claim filled his report with lies, which when it came to the appeal, I couldn't prove as it was his word against mine but fortunately for me the panel agreed that as he hadn't seen me walk he couldn't state that I could walk 200 metres in a normal adequate manner without pain.