ATOS again.........

Options
melbury
melbury Posts: 13,251 Forumite
Name Dropper First Anniversary First Post I've been Money Tipped!
edited 30 April 2013 at 2:19PM in Disability money matters
ATOS have ruined my birthday:(

Letter arrived this morning saying OH has to attend another "medical assessment".

Last year they were sent full details of his illnesses with letters from the consultant / surgeon, which basically said that his condition will not improve.

I just can't understand why they keep on calling him back in for these so called medical assessments - they are a complete joke - the questions bear no relation to what is actually wrong with him.

It is all so stressful, is it worth telephoning the DWP and asking them why they think he needs yet another one? Is it all part of their plan to grind you down?

I feel like saying to them shall I just put in my appeal now before he even attends the assessment:mad:

Have also posted this in the Benefits forum!!
Stopped smoking 27/12/2007, but could start again at any time :eek:

Comments

  • ineed
    ineed Posts: 4,432 Forumite
    First Anniversary Combo Breaker
    Options
    My understanding of it is that you can be reassessed for ESA (I assume you mean ESA?) any time between every three months to every three years regardless of illness. Regular reassessments are just something we have to go through now along with medicals if required.
    I SUPPORT CAT RESCUE! Visit Cat Chat to support cat rescue too.

    One can pay back the loan of gold, but one dies forever in debt to those who are kind. ~Malayan Proverb
    Always forgive your enemies; nothing annoys them so much ~ Oscar Wilde
    No excellent soul is exempt from a mixture of madness ~ Aristotle
  • melbury
    melbury Posts: 13,251 Forumite
    Name Dropper First Anniversary First Post I've been Money Tipped!
    Options
    ineed wrote: »
    My understanding of it is that you can be reassessed for ESA (I assume you mean ESA?) any time between every three months to every three years regardless of illness. Regular reassessments are just something we have to go through now along with medicals if required.

    I know but it does seem ridiculous if you have a condition that is not going to improve. Honestly you have to jump through hoops to get ESA and it causes so much stress.:(
    Stopped smoking 27/12/2007, but could start again at any time :eek:

  • ineed
    ineed Posts: 4,432 Forumite
    First Anniversary Combo Breaker
    Options
    melbury wrote: »
    I know but it does seem ridiculous if you have a condition that is not going to improve. Honestly you have to jump through hoops to get ESA and it causes so much stress.:(

    I know, it is unfair to those who's conditions definitely won't improve. It's a shame they have to be so black and white blanket rule with it in that respect.
    I SUPPORT CAT RESCUE! Visit Cat Chat to support cat rescue too.

    One can pay back the loan of gold, but one dies forever in debt to those who are kind. ~Malayan Proverb
    Always forgive your enemies; nothing annoys them so much ~ Oscar Wilde
    No excellent soul is exempt from a mixture of madness ~ Aristotle
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    First Anniversary Combo Breaker
    Options
    I suggest that you write to each medical adviser/consultant, enclosing a copy of the report they did last time, and asking them to provide a similar report, confirming that there has been no change in his condition since the last report (or that his condition has deteriorated, if this is the case).

    I also suggest that you download the online ESA50 (be careful to get the right one, as it was updated in January 2013). Complete it in as much detail as possible and keep a copy on your computer.

    Send the ESA50 back to ATOS with copies of the medical reports (keep the originals), with a short, polite, covering letter enclosing the form and reports, and pointing out that there has been no change in his condition since he was last awarded ESA.

    I know it doesn't address your original post, and I agree that people who are not going to get better should not be hassled in this way..... but it is what it is, and at least doing it this way means that the next time you get the form, you will have everything to your fingertips, and it will just be a slightly annoying procedure, rather than the stressful process it is right now.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    Options
    melbury wrote: »
    I know but it does seem ridiculous if you have a condition that is not going to improve. Honestly you have to jump through hoops to get ESA and it causes so much stress.:(

    Because you will not improve does not mean that the law may not change, making you ineligible.
    See, for example those in the work-related group undergoing time-limiting of payments if on contributory ESA, the recent changes that mean being unable to walk at all may not mean you qualify, and the most recent changes meaning that if you have a physical illness, with mental side-effects of the treatment or illness or vice-versa - you only gain points for the primary illness, not the side-effects.
  • melbury
    melbury Posts: 13,251 Forumite
    Name Dropper First Anniversary First Post I've been Money Tipped!
    Options
    Well they say he has to attend the interview or he will lose the ESA, so c'est la vie!

    I did say to both the DWP and ATOS people that I spoke to today "should I put in the appeal now before he actually attends the medical because I know exactly what the report will say;)" and they seemed to think I was being facetious - as if!

    I think it is all pretty disgusting, but I am determined to keep fighting for my OH. After all his health problems are entirely down to an NHS hospital delaying what should have been a very simple operation six years ago:mad:
    Stopped smoking 27/12/2007, but could start again at any time :eek:

  • redskyatnight_2
    Options
    Can't add any more to what has already been said Melbury. But I hope it all turns out OK :)
  • Brassedoff
    Brassedoff Posts: 1,217 Forumite
    edited 4 May 2013 at 12:25PM
    Options
    Anyone expecting a handout from the taxpayer has to jump through the hoops! He who pays the piper calls the tune!

    We live in a society full of people who will never walk again, run, breath properly, read, write. Yet at present claim to be incurable.

    10,000 people a year are convicted in the courts with a further 16,000 never getting to court as they agree to "administrative measures", that to the lay-man means they admitted fraud, but as the sum was below £2000 the money was take from their benefits or they paid it back by other means.

    I suppose this person told them they would not get any better.

    Michelle Taylor, 40, of Bloxwich, West Mids, was handed a 12 week suspended jail term after being convicted of claiming more than £21,000 in benefits because she said she was unable to walk without support or a wheelchair. Walsall magistrates heard that she was filmed walking to the gym after an anonymous tip-off to investigators.

    I am in no way suggesting your husband is doing the same, nor others on this board, but there are many, many who get caught doing so.

    For this reason, everyone claiming these benefits must be checked and assessed by someone other than their own doctors and regularly.
  • KxMx
    KxMx Posts: 10,605 Forumite
    First Post Name Dropper First Anniversary Photogenic
    edited 4 May 2013 at 5:59PM
    Options
    I have no problems with being assessed regularly. I have no problem with jumping through the hoops (as long as we are speaking metaphorically!).

    What I do have problems with is being assessed by a for profit agency (what are they a French IT firm using American welfare software?) run by incompetent staff,

    What I do have a problem with is being assessed under guidelines and rules designed not to help the disabled but to save money- the Government themselves have openly admitted (as with DLA to PIP) they want less people claiming. They claim the most vulnerable in society will be looked after and yet they had to be defeated in the Law courts to allow people needing overnight care exemption from "bedroom tax!

    On a side note however for some it is glaringly obvious they will never get better and reassessments are a waste of taxpayer's money.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 248K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards