ESA declared Fit for work. Died 4 weeks later.

krisskross

davidmartin wrote: »

Thanks again to all who have commented.

I have requested a copy of my fathers medical history, and I am in the process of writing to ESA to request a copy of all the information they have on my father.

I will be visiting my CAB to let them know has happened if they are collecting this sort of information.

I will be launching a complaint when I have all the information ready.

I went to my fathers doctors today to request his medical history, and his doctor told me that on Monday, ESA requested a copy of his medical history as well! Looks like they may be getting ready to try and cover their backs.

What redress are you hoping for should a complaint be upheld?

I never think there is much point in a complaint if you do not state what you expect as a result.

davidmartin_3

What I want is a letter from ESA apologizing for the way in which his ESA assessment was dealt with.

They refused to send him new forms, so were going on information which was 15 months old. When they should be going on information that is a maximum of 6 months old.
The assessor came out to him, and made a wrong judgment about his disabilities and put him under a huge amount of stress.

He was 55, and worked almost everyday of his adult life until he had no choice but to give up work as he couldn't pass the medical assessments to work on the railway.

In the last 17 months, ESA has not even contacted his doctor for any medical reports.

I would also like to know how, one body (DLA) can find him disabled enough to qualify for the Higher Rate of mobility, yet ESA say that he is fit for full time work.

pmlindyloo

krisskross wrote: »

What redress are you hoping for should a complaint be upheld?

I never think there is much point in a complaint if you do not state what you expect as a result.

Why does there have to be redress?

In this instance there are alleged instances where the correct procedure has not been followed and mistakes appeared to have been made.

I am not one of the compensation brigade but I am a great believer in gathering evidence and giving it to the people/organisations who can make a difference, which then may help many other members of our society from suffering injustices.

krisskross

pmlindyloo wrote: »

Why does there have to be redress?

In this instance there are alleged instances where the correct procedure has not been followed and mistakes appeared to have been made.

I am not one of the compensation brigade but I am a great believer in gathering evidence and giving it to the people/organisations who can make a difference, which then may help many other members of our society from suffering injustices.

Surely redress could simply be an apology and explanations if procedures have not been followed. We all want something don't we if we go to the trouble of making a complaint?

If I make a complaint I expect a response of some sort and changes in procedures if needed otherwise there would be no point.

davidmartin_3

I am not after any sort of compensation of any form at all.
As I said, all I want is an apology and an explanation of why what happened, happened. Not that what I want out of this is relevant at all.

It would be nice to have the procedure changed, as it is not personal, it is just a matter of fitting into tickboxes, however, I know that just my complaint is not enough to do that.

tomtom256

davidmartin wrote: »

I am not after any sort of compensation of any form at all.
As I said, all I want is an apology and an explanation of why what happened, happened. Not that what I want out of this is relevant at all.

It would be nice to have the procedure changed, as it is not personal, it is just a matter of fitting into tickboxes, however, I know that just my complaint is not enough to do that.

What why he was fit for work or why he had the heart attack?

Both may not be related as such and it could have just been bad luck.

However if ATOS/ESA were aware of a heart defect then fair game.

mazza111

Sorry for your loss and good luck with your complaint OP. ATOS have been known to twist things people say, so if your father wasn't a complainer it would be easy to twist.

I really hope you get the apology you're wanting and always hope that no one else will have to go through this

krisskross

tomtom256 wrote: »

What why he was fit for work or why he had the heart attack?

Both may not be related as such and it could have just been bad luck.

However if ATOS/ESA were aware of a heart defect then fair game.

If as said in the OP the father was claiming for indigestion/acid reflux that may have been heart disease then it would be the GP at fault I would suggest.