Think we failed ESA medical

Muttleythefrog

princessdon wrote: »

Surely there is a better way to test though. Op this isn't meant to be detrimental to your son with this analagy - I'm using it to show how bizzare a question it is.

My 5 year old can and does regularly use a cooker. He is a good cook (with supervision) and can use public transport - again obviously not alone. But he can plan a route, work out a timetable, take the correct money, use the machines etc.

It would be a weird world where a 5 year old was determined to have the mental capacity to work.

I can't see the logic of those questions at all.

Oh I can think of a few better ways..lol.. quite frankly tossing a coin is probably as accurate... it's certainly cheaper.

Spamfree_2

Muttleythefrog wrote: »

I don't think she was trying to be helpful..lol.. she was probably trying to discover if the reason he couldn't learn/perform various tasks was because he'd not been taught how to do them or because he has cognitive failings... this would be vital to determining applicability of some descriptors.

Well in that case, she is doing her job well isn't she?

Muttleythefrog

Spamfree wrote: »

Well in that case, she is doing her job well isn't she?

I have no idea whether she's doing her job well... all I've done is try to explain why she may have made the enquiries she did. For all I know she might have written that little green men were running around the assessment room in her report..lol. The report may turn out to be highly accurate.. which is why I've suggested getting that ASAP before any action is taken. Clearly the Op didn't feel things were right and proper in the assessment which suggests to me they probably weren't doing a very good job in relation to treatment of customer/customer support. The tone of HCP has often been criticised by others... I'm one... I was aggressively challenged at the start of my medical (when I took my evidence from my bag to hand to the HCP)...spoken to like a naughty schoolboy (when I took out a notepad and a pen to use to take single phrase notes to prevent me losing train of thought when answering questions)..lol.. fortunately for me it just made me incredibly agitated and landed me in the Support Group.

georgy-girl

How awful for you - if you appeal and go to a tribunal go to citizen advice and get yourself a free legal advisor. My hubby had to appeal a while back and it surprising how much having a legal advisor helped and he won his case. Good Luck xx

subway98

I work in DWP and ESA/ IB&IS benefits are changing the way people think. It used to be what you can't do. Its now what you can do- if that makes sense?
Claimants can be on JSA with DLA
Did you not see the programme about ESA and ATOS? apeal if you think the decisions wrong when you get it.
By the way, you cant do anything until ATOS pass to DWP. Which can take upto 3 weeks, as theyer snowed under with IB Reasessments at the moment.
Hope this helps?

A.Penny.Saved

A tribunal can take a very long time.

I would try and get any supporting medical ASAP and send it to the DWP. They don't usually bother asking for evidence and neither do Atos IMO. The most limited medical advice that supports the Atos case that makes you fit for work.

If the decision comes back before you manage to get the medical evidence, then you can ask them to re-consider the decision within 30 days of the letter informing you of the decision. I phoned and the person I spoke to didn't even know this was possible so I don't think many people do it. She had to speak to her manager to find out that it was possible. The decision letter does tell you this if you read it carefully.

The re-decision can be fairly quick or so I am told, whereas a tribunal can take over a year in some cases. You can do both, apply for a re-decision with new evidence and apply for a tribunal at the same time to speed things up. Then if the re-decision also goes against you you still have the tribunal that could find in your favour.

I would urge you to post feedback to the harrington review, the more people that post negative comments about Atos and the current system, the more that things might be improved. The whole system should be scrapped IMO, it's inhumane and puts vulnerable people under severe stress that they are frequently not as able to deal with as the average person.

http://www.benefitsandwork.co.uk/employment-and-support-allowance/harrington?utm_source=iContact&utm_medium=email&utm_campaign=Benefits%20and%20Work&utm_content=24+July+12+newsletter#quest

http://www.dwp.gov.uk/policy/welfare-reform/employment-and-support/wca-independent-review/

Callieflower

Please don't take it personally. The staff at ATOS are like robots and the questions are really only focused on physical disabilities. The vast majority don't even look up from their computer screens while assessing you. We have our appeal on Monday, it's a long process and incredibly frustrating, but hopefully all will be resolved then (after a nine month wait). Gather as much evidence as possible in preparation for an appeal from perhaps your G.P, teachers, carers etc. The CAB have been incredibly supportive too. I wish you well and hope that you are successful with your claim.

Own_My_Own

We have waited since last March for this medical. He first applied for ESA in Nov last year.
It's just very frustrating to have waited so long to now feel we are no nearer the end.
We were advised to claim ESA by his college as they thought DWP could offer him more support and opportunities than they could.

If only I had known !

Own_My_Own

little_monkey wrote: »

was the HCP a nurse or doctor or physio?

HCP ?

If you mean the woman doing the medical, I have no idea.

little_monkey

Own_My_Own wrote: »

HCP ?

If you mean the woman doing the medical, I have no idea.

They are all called "health care professionals"(HCP)Some are doctors,some are nurses.Always ask name and occupation of the assessor,just in case you need to complain about them.But you can always just give the time,date and place the assessment took place and if you think the HCP was really bad and you think you should complain the if its a nurse you can complain here http://www.nmc-uk.org/

if its a doctor http://www.gmc-uk.org/

Always copy everything you send to the DWP,or ATOS