Adivce regarding ESA

jox_2

Hi

I had an atos medical a few weeks ago that i was unable to attend because my car was stolen from my driveway the night before, my atos medical was at 9 am, i got up around 8 am and discovered my car was missing and called the police who where here until around 9:30

I called atos after the police left and explained what had happend and i was told my file would be sent back to the dwp and it would be up to the decsion maker to decide weather i gave a good enough reason for not attending.

well today i got a letter telling me i could no longer claim esa due to failing to attend the medical and i should claim jsa!

What on earth did they expect me to do? attend the appointment and wait until i got home to report the car stolen to the police?

I have obtained a crime reference number from the police for this incident to prove that it did actually happen isit worth sending them this? or is your car being stolen and you waiting for the police simply not a good enough reason?

Parva

Whilst you were awaiting the police to attend did you not contact ATOS to let them know you couldn't make it (rather than just wait until after the event)? If you were relying on the income then I would have been more worried about dealing with that than something which can ultimately be replaced. By the by now I guess given the decision, I'm not sure if/how you can appeal that, I'm sure someone with such knowledge will be along soon.

jox_2

I was far more worried about my my safety at the time, who knows if the thieves where still hanging around or how many of them was or if they tried to get into my house or not, i was absolutely petrified at the time and calling ato's in that moment totally slipped my mind!

Yorkist

I hope I manage to get this done properly as other attempts to reply to threads have gone to, well, somewhere I guess, but not to the thread.

Write to your MP giving all details. Doesn't matter what party they belong to, write to them anyway. Keep things calm and reasonable, you don't want them to have any excuse to throw the letter out due to abusive language, unsubstantiated claims etc. Did the police give you a reference number, quote it. I think you are perfectly justified in calling the police first. Atos say that you must have a reasonable excuse for not attending meetings, being a victim of crime and being interviewed by the police as a witness is reasonable!

Its well worth asking your MP if they think this was a reasonable action or do they support the apparent view of Atos that their interview has priority over the legally required actions of the Police Force. Explain your feelings on finding the car gone, fear isn't a shameful response it's a completely natural and understandable one. Also explain how the response from Atos has made you feel. Be honest, don't 'hold back' but use reasonable language.

The Parliament has a legal duty to uphold the law (despite what has been written elsewhere), your MP is there to assist you whatever your political leanings. It does appear that Atos is so out of control that they are becoming blatant in their disregard for the laws of the land. It's little concellation to you but people ARE noting these actions and, eventually, there is a real possibility of some very serious charges being brought against some very senior people.

Good luck, please write to your MP however distressing it appears to be, you may be amazed at their response! REALLY push for an answer to that question about Atos or law coming first, but nicely.
Yorkist

fedupconsumer

Parva wrote: »

Whilst you were awaiting the police to attend did you not contact ATOS to let them know you couldn't make it (rather than just wait until after the event)? If you were relying on the income then I would have been more worried about dealing with that than something which can ultimately be replaced. By the by now I guess given the decision, I'm not sure if/how you can appeal that, I'm sure someone with such knowledge will be along soon.

To be fair to Jox, he or she did the right thing. He or she was a victim of a crime, first and foremost he or she has a duty of care to their safety before anything else. Also if his or her car is the only way in which they can attend the medical and is their lifeline, which for most disabled people it is. It is not just as "replaceable" as many would assume. Jox did nothing wrong in this.

Jox try and seek some advice from CAB or if you are registered with a local care advisory service. Then your MP as well. You have more than a justifiable case.

rogerblack

jox wrote: »

Hi

I had an atos medical a few weeks ago that i was unable to attend because my car was stolen from my driveway the night before, my atos medical was at 9 am, i got up around 8 am and discovered my car was missing and called the police who where here until around 9:30

Phone DWP today, on the number given on the letters.
Request a callback from a decisionmaker.
Have to hand the crime reference number.

You can appeal this decision, however, unfortunately, you will not be paid unless the decision is overturned, or you get a new medical.

Complain in writing to ATOS.
http://www.atoshealthcare.com/downloads/Atos-Healthcare-Our_Customer_Charter_Web.pdf

little_monkey

http://forums.moneysavingexpert.com/showpost.php?p=57579631&postcount=9

little_monkey

http://www.dpac.uk.net/

Markoo_2

wow sorry to hear that jox

What on earth do they class as a reasonable reason for not attending then?

jox_2

Well i am in the process of putting a letter together now, i have emailed my local mp and i am going to try and get an appointment with CAB

Can anybody tell me if i can request a statement of reasons that specifically says why this incident is not a reasonable reason for not attending?

Am i not ablidged to report a crime if i see one? i have a crime refrence number which i will include in my letter also.It was my motability car that was stolen and no leads so far, so i have had my car stole and lost my ESA all in one go

Cpt.Scarlet

jox wrote: »

Well i am in the process of putting a letter together now, i have emailed my local mp and i am going to try and get an appointment with CAB

Can anybody tell me if i can request a statement of reasons that specifically says why this incident is not a reasonable reason for not attending?

Am i not ablidged to report a crime if i see one? i have a crime refrence number which i will include in my letter also.It was my motability car that was stolen and no leads so far, so i have had my car stole and lost my ESA all in one go

Have you contacted the DWP yet as Roger suggested?

ATOS do not make the decision to remove your payments, the DWP do, only the DWP can reverse the decision.

We can all argue whether ATOS returning your file is reasonable or not, but that is their standard procedure if you miss the appointment and don't contact them.