Please Help. ESA form was not read at ATOS interview

JEB12

I went to my ESA interview. The women said that she did not have a copy of the form and had not read it. Maybe because my previous interview 2 weeks earlier, was cancelled after I turned up as they were running behind. She insisted on proceeding with the interview anyway and I was too weak to say anything!

When she started asked me questions, I broke down and cried as I could not remember my points, medication or anything. My main condition is depression related, not sleeping and mental confusion.

I expected the interviewer to have read the form or at least have a copy of it. I felt humiliated and could not get my points across. I had some one help me fill in the form which took me weeks to get done correctly. I was told to call to get the results after 4 weeks. When my friend who helps me did, I was told I was awarded 0 points. I have been on ESA last year and awarded over 15 points due to various mental conditions and depression related issues.

What should I do. I can not face any more interviews. Can I appeal, what should my appeal be? Do I have to attend an appeal interview (the thought of that terrifies me!) or can I ask them to read the actual form and photo copied medical evidence that took weeks of my time to assemble.

I thought it was a legal condition that the ESA form must be read before proceeding with the interview? I am disgusted at ATOS and feel very very depressed and suicidal now!

How can I get them to read my forms and medical evidence at an appeal. Do I need to send another copy of everything - will my original ESA50 have been lost.

kazzah60

i am so sorry that this happened to you - unfortunately I don't know the asnwer to your question - but I am pleased I read your post- I am going for my medical with ATOS tomorrow and now I will ensure I take a copy of my form with me.

I do hope this gets sorted for you OP - you have my sympathies

Cpt.Scarlet

If you believe that you meet sufficient of the ESA descriptors to be placed in the WRAG or Support Group then you can appeal.

An appeal must be in writing or on a GL24 (you can download a copy from the Gov site), any appeal must be made within one month of the date of the decision letter.

The ATOS documentation on carrying out an assessment, requires the HCP to read the ESA50 and anything attached prior to the interview, but I am not aware of any legal requirement for them to do so.

You should request all of the documentation used to make the decision, inlcuding the ESA85 and ask for written confirmation that your ESA50 was available to the DWP decision maker.

Once you have all of the documents, you can plan your next action.

zaksmum

I really do question whether atos have the right to completely ignore your form and be quite open about the fact they haven't read it!

I'd complain most strongly about this. You are compelled to fill in the form - why force you to fill it in if nobody can be bothered to read it?

JEB12

Cpt.Scarlet wrote: »

You should request all of the documentation used to make the decision, inlcuding the ESA85 and ask for written confirmation that your ESA50 was available to the DWP decision maker.

Thank you for the reply. Do you suggest that I do this before I send an appeal form in or at the same time? Who do I write to for that? I don't know if they would manage to do this within the 4 weeks I have to send the appeal?

krisskross

I thought this 'medical' was a series of questions designed to see if the person meets any of the descriptors ro be awarded sufficient points to qualify for the ESA. The ESA50 form will have been read and used to decide whether or not a face to face interview was required.

Cannot honestly see what difference it makes whether the HCP actually conducting the interview has read the form or not. Someone has and decided that a decision cannot be reached one way or the other on the basis of the form so the interview is required.

The issue then will be if the person answers the questions in the face to face interview in such a way that sufficient points are awarded.

Cpt.Scarlet

JEB12 wrote: »

Thank you for the reply. Do you suggest that I do this before I send an appeal form in or at the same time? Who do I write to for that? I don't know if they would manage to do this within the 4 weeks I have to send the appeal?

I would request the docs immediately, if they arrive in time then then it might help with lodging the appeal, but you should not wait for them if it will take you over the month you have to lodge the appeal. You calways supply additional information later.

Cpt.Scarlet

krisskross wrote: »

I thought this 'medical' was a series of questions designed to see if the person meets any of the descriptors ro be awarded sufficient points to qualify for the ESA. The ESA50 form will have been read and used to decide whether or not a face to face interview was required.

There might be a standard set of questions that everybody is asked, but they should also ask questions based on how you have completed the ESA50.

dori2o

krisskross wrote: »

I thought this 'medical' was a series of questions designed to see if the person meets any of the descriptors ro be awarded sufficient points to qualify for the ESA. The ESA50 form will have been read and used to decide whether or not a face to face interview was required.

Cannot honestly see what difference it makes whether the HCP actually conducting the interview has read the form or not. Someone has and decided that a decision cannot be reached one way or the other on the basis of the form so the interview is required.

The issue then will be if the person answers the questions in the face to face interview in such a way that sufficient points are awarded.

I couldn't disagree more.

The very fact that the HCP knows nothing about the individual, or their health complaints, means that they simply cannot fairly apply the test.

Part of the test involves some physical activity. What if that person had included information in the form which identified that this physical activity was unable to be performed, but was also potentially dangerous for the individual to perform? The HCP would most likely, without that knowledge, make the assumption that the claimant had refused to make any attempt, and therefore indicated this on the system.

This situation that the OP describes further proves the need for these assessments to be carried out by medically trained professionals who have an understanding of the conditions/illnesses that the claimant is sufferring from. If that means that the test is conducted by more than 1 HCP to cover various illnesses/disabilities, then so be it.

Especially in the cases of medications, some HCP's may be totally unaware of the side effects of these meds, which can cause as much, if not more, problems for the claimant than the actual condition they suffer from.

For example, A HCP who deals day to day with MHI is far better to fairly apply a test for people who suffer from these conditions, rather than a physiotherapist, or a nurse, an oncologist, etc etc.

The tests will remain unfit and unfiar until these problems are rectified.

My own prsonal view is, should the HCP make it known that they have not read through the claimants form, and understood their conditions, then the claimant should be within their rights, and without threat of sanction, to refuse to participate in the assessment until such a time as the HCP is aware of their situation.

kpshah

I have attended several ATOS medical interviews and even when they have the form in front of their screen, they don't (in my experience) bother to read it to userstand the condition of the patient they are interviewing. My ESA was terminated recently as I too was unable to answer some of their questions due to being under stress, the behaviour/attitude of the assessor herself and when my son tried to intrude, he was bluntly asked to shut up and let me reply to her questions - which I wasn't. I was awarded 0 points on each and every descriptor. I am appealing against their decision to terminate my ESA. I found the following website: http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html which I found quite useful in appealing against (a) the behaviour/attitude ofhe assessor and (b) terminating my ESA. As the matter stands with me, the only income I am entitled to and receiving is DLA of £74.60 per week and finding it impossible to meet the ends. I am already in about a month's rent/council tax in arrears. Hope the link forwarded helps you draft an appeal letter. Make sure you involve everyone you possibly can, such as your local association for disabled, your CAB, your local MP. Ensure that anything you send out by post is either recorded or special delivery so no one can deny not receiving the stuff you have sent them. Gather as much medical evidence as you can from your GP, Occupational Therapist, Hospital Specialists. All these will definitely help you in appealing - if it goes to the tribunal, there is a specialist doctor in your particular disability present who clearly should be able to assess your problem more professionally.

RazWaz

I think they can ignore your form. When I had my medical I had never even been given the form to fill out in the first place.

I was on oxycodone at the time of my medical, and as I had only recently started using it I was still high as a kite and hallucinating. I hardly made any sense at all but still got 0 points.