ESA ATOS Help Please

thatsmyusername

I sent the letter off for her 1 week ago but she hasn't heard anything from the dwp regarding a decision yet. It's been 4 weeks since the medical so roughly what is the average waiting time from medical to decision ?

Will they contact her by phone or is it a written decision ?

Thank you

Muttleythefrog

thatsmyusername wrote: »

I sent the letter off for her 1 week ago but she hasn't heard anything from the dwp regarding a decision yet. It's been 4 weeks since the medical so roughly what is the average waiting time from medical to decision ?

Will they contact her by phone or is it a written decision ?

Thank you

It can take many weeks. THe contact they make is highly unpredictable... you may not receive any contact at all believe it or not or the decision could come disguised in a letter that appears to be sent for some other reason... or they could call and send a letter. In the ideal world they'd send acknowledgement of receipt of your letter and they'd send a decision in clear english in timely fashion. I would watch bank account for any changes to payments and perhaps call every couple of weeks to see if decision has been taken... also might be worth confirming they received letter.

thatsmyusername

Many thanks again Muttley.

Have a good weekend

thatsmyusername

Well she had the dreaded phone call today and the bad news was delivered.

She scored as predicted just 6 points.

The reason given over the phone was because she doesn't fit the descriptors anymore. I will explain my partner has no voluntary control of her bowels but she also cannot evacuate (empty) them herself. She cannot push to empty her bowels. So she loses faeces throughout the day as the bowel empties by its own accord. Because its a gradual process it doesn't fit the descriptor.

I myself currently work over 48 hours per week so we can survive without her money but I'm not sure if it's worth the hassle for my partner. Her doctor is willing to give her sick notes and has already put a letter together explaining her medical problems.

I'm just not sure what to do. She has no voluntary control of her bowel both emptying and from stopping them from emptying.

rogerblack

There is at least an arguable appeal.
". Absence or loss of control over extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the presence of any aids or adaptations normally used"

Evacuation is a medical term meaning 'emptying' - http://www.nursingtimes.net/manual-evacuation-of-faeces/205796.article - it does not in this case mean 'rush', any more than the 'mobilisation' in that descriptor refers to an army.

Does her bowel actually empty at any point in the cycle?
It would seem if this is case that '...leading to extensive evacuation' would be satisfied.

Please note - this is based alone on the language of the descriptors.
It is possible that relevant caselaw has clarified this.

thatsmyusername

Thank you for taking the response rogerblack.

I think this is where the problem is going to be although she has it in writing she has no control of her bowels either way they never fully empty. She loses faeces progressively. But if she doesn't or couldn't get to private facilities she would have to change her clothing and wash the area.

She also takes an anti depressant citalopram as she is quite anxious and depressed but she was awarded no points because of this.

Muttleythefrog

thatsmyusername wrote: »

Thank you for taking the response rogerblack.

I think this is where the problem is going to be although she has it in writing she has no control of her bowels either way they never fully empty. She loses faeces progressively. But if she doesn't or couldn't get to private facilities she would have to change her clothing and wash the area.

She also takes an anti depressant citalopram as she is quite anxious and depressed but she was awarded no points because of this.

So they've decided to agree with the ATOS report which gave her the 6 point scoring descriptor regarding bowel/bladder presumably.

I agree with roger... this one could come down to a technical argument over the specifics of the descriptors on this issue.

I'm not sure how good your case is in relation to other descriptor groups.. i.e. the ones relating to mental health... e.g. you mention above she only goes out once a week... then there may be a case that she could meet one of the descriptors regarding Getting About. But if you do decide to appeal then do not rule out arguing a case that some other descriptors apply to her.. have a really good look at them. 'Eggs and baskets' if you like.

Sounds like you could have a useful doctor. It may be worth seeing just how far they will go in terms of specifically stating the descriptors they feel apply and why. Something as specific as that could be powerful.

It seems appealing can't do any harm... sicknotes supplied while appealing can get assessment rate ESA usually.

rogerblack

Muttleythefrog wrote: »

But if you do decide to appeal then do not rule out arguing a case that some other descriptors apply to her.. have a really good look at them. 'Eggs and baskets' if you like.

Very true.

Read all of the descriptors - for example at http://www.dwp.gov.uk/docs/m-06-11.pdf - the support group ones are in 'annex b'

Forget what the problem 'really is'.
Imagine a disinterested observer following her around 24*7 for a week.

Now, consider if they can make a reasonable argument about each of the descriptors.

ab.da54

thatsmyusername wrote: »

Well she had the dreaded phone call today and the bad news was delivered.

She scored as predicted just 6 points.

The reason given over the phone was because she doesn't fit the descriptors anymore. I will explain my partner has no voluntary control of her bowels but she also cannot evacuate (empty) them herself. She cannot push to empty her bowels. So she loses faeces throughout the day as the bowel empties by its own accord. Because its a gradual process it doesn't fit the descriptor.

I myself currently work over 48 hours per week so we can survive without her money but I'm not sure if it's worth the hassle for my partner. Her doctor is willing to give her sick notes and has already put a letter together explaining her medical problems.

I'm just not sure what to do. She has no voluntary control of her bowel both emptying and from stopping them from emptying.

Has the consultant discussed a stoma? Although not nice, a colostomy would be better than having no control of the bowels at all and would give your partner her life back.

PippaGirl_2

Yes I agree, my friend's dh has a stoma and he gets out and about independently and copes with that fine. It is an option to think about.