Wca

drp_2

Went for my medical assessment with atos in June 2012 when I was called in I had met the health care professional so she told me she couldn't do the medical . So I was sent in to see somebody else when I got in which was straight away she seemed as though she didnt know what to ask me . She told me to do things which were nothing to do with my illness my question is how could she do my medical if she haven't had time to read my ESA 50 that I had filled in then thirteen weeks later I get a phone call to say I have been awarded 6 points and heve been found fit for work my illness is severe anyety and depression thank you to anybody who replies

Muttleythefrog

It sounds to me like procedures probably weren't followed. They are supposed to read all the evidence in advance of seeing you and so should be fully familiar with your claimed problems etc. I would have made sure to get hold of the medical report ASAP after an experience like that... I presume you didn't sadly otherwise you could be well ahead of the game now.

There are many many threads here about what to do next. Just look for ESA related ones.. many.. possibly most are probably about appealing. Either seek the advice of CAB or welfare rights or similar to handle this for you... or otherwise you need to look at the possibility of appealing yourself. You could well be able to get assessment rate ESA while appealing.. if you supply sicknotes. To appeal you'll ideally need the evidence used by DWP... ask them for a written statement of reasons and a copy of all the evidence including the ESA85 ATOS medical report (which they probably relied upon to make their decision). You'll need to ideally appeal within a month using GL24 or in a written letter. If you do appeal I would be inclined to detail very clearly the circumstances of your medical... that the HCP had not had time to read your ESA50 form (and any other evidence) due to events as described above and spent the medical asking you irrelevant questions. This is totally unacceptable behaviour and calls into question the reliability of the resulting report about your (in)capabilities. Whilst you'll (in appealling) need to argue that descriptors x, y, z apply to you and therefore you should be awarded the benefit, I would be inclined to also highlight any silly information in the medical report.. information that in comparison to reality would make any outsider look in and think the report is not at all reliable.