Newbie,need advise with esa medical

[Dublinboy]

Hi,new to this site,got esa medical in 2 weeks time,,need advise regarding asking for a recorded medical,I am 59 ,male ex miner,have been unable to work since 1992 due to accident in the mines.have been on invalidity,incapacity since then,I have been accessed at 50% industrial disability,back problems,miner beat knee & Pneumoconiosis, by DWP for life, just had right hip replaced .any advise would be appreciated

Edited April 15, 2013 by Dublinboy

[Dublinboy]

Hi.just after some advise,I am 59 ,male ex miner and I have been on invalidity.incapacity since 1992 due to a accident down the mine.I have 50% industrial disablement for life from the DWP , back problems,miners beat knee & Pnuemoconocis, just had a right hip replacement and need left one doing later on,sent supporting letter from my GP,need any advise regarding asking for a recorded medical or general advise ,thanks

[honeybee13]

Hello and welcome to CAG.

 

Here's a link to the forum stikky on Atos assessments. There's a long thread about recording 'medicals', I'll try to find it and post a link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287253-esa-medicals%281-Viewing%29-nbsp

 

My best, HB

[honeybee13]

Hello again.

 

I've merged your threads, it's easier if you stick to one.

 

HB

[honeybee13]

Here's a link to a long-running thread about recording, it'll take you a while to read it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?336827-Announcement-ESA-claimants-now-have-the-option-of-having-their-WCA-recorded&highlight=announcement+atos

 

Other people here have asked for a recording, hopefully they will comment. Have you requested a recording?

 

HB

Edited April 15, 2013 by honeybee13

[SWLABR9]

I asked and succeeded. I sent in a request for recording when I sent my ESA50 in and a week or so before the assessment I rang up the centre where it was to be done and asked again. Every time they told me no I asked for it to be postponed till it could be recorded. They agreed but kept sending me new appointments anyway. Each time I'd ring up and ask, they'd say ok and send me another appointment. This went on for about six months till eventually they did arrange for a recorded assessment. I got in the support group, which is where I ought to be no doubt of it but I was still surprised. Quite possibly it helped to have the assessment recorded. So you can get it but be prepared to keep nagging at them.

[honeybee13]

Thank you for that, SWLABR, perfect.

 

HB

[Dublinboy]

Hello again.

 

 

 

I've merged your threads, it's easier if you stick to one.

 

 

 

HB

thank you

 

 

[**Margaret**]

: Dublinboy:

 

Here's the official procedure for getting a work capability assessment audio recorded by Atos;

 

http://blog.atoshealthcare.com/2012/12/how-to-request-an-audio-recorded-assessment/

 

In addition I'd send a written request to Atos, in case they somehow manage to lose all trace of your phone call, as evidence that a recorded assessment was requested. (Address you sent your ESA50 to, pref recorded delivery, at least get a free cert of posting.)

 

:SWLABR:'s experience is typical. I'm waiting for a fourth rescheduled appointment since last summer. Anecdotal evidence is that assessors who know they're on record are more careful.

 

Although Atos'll try to 'persuade' you, no one's been 'forced' into a non recorded assessment since last summer. Probably cos Work n Pensions are defending a judicial review on the issue. But you'll need to be assertive for possible endless rescheduling.

 

Good luck, Margaret.

Edited April 15, 2013 by **Margaret**

[Dublinboy]

Hi,had a medical appointment for 30th April,this was confirmed by Atos to be on a groundfloor and to be recorded.I rang the day before to confirm everything to be told my records were at another town ,the groundfloor was not available and no recording was set up.I asked why they had not informed me about this , they could not answer , total incompetance, I have lodge a complaint against Atos.the lady at Atos was embarased for what had happened.needless to say I was fuming having got stressed regarding the medical.waiting for another appointment.please ring up and check the day before medical .:mad2:

[Dublinboy]

got another medical appointment for 23 August, !st had to be cancelled because of no groundfloor,recording set and no records of my conditon at the medical examination centre,going to confirm today that is set up for recorded medical, I am on 50% industrial disablement and going in for my second hip replacement in year on 11 September,have informed them but are not interested , any advise would be welcome.Thanks

[**Margaret**]

: Dublinboy:

 

Hmm ......

 

'If a claimant is due to go into hospital ...... the decision maker can defer a decision and treat the claimant as having limited capability for work from the date of admission.'

 

'...... healthcare professionals may recommend to the decision maker that a claimant might be treated as having limited capability for work in cases where there is firm evidence that a claimant is due to undergo a major procedure (...... hip replacement ......) within the next 21 days.'

 

Page 41 of the Work Capability Assessment Handbook at;

 

http://www.dwp.gov.uk/docs/wca-handbook.pdf

 

Try letters, (recorded delivery) with enclosed copies of the arrangements for your hip replacement, to the Atos assessment centre you're due to attend and your benefit centre. Follow up with phone calls two to three days after you know they've been received. No guarantee you'll get a let off but it's worth a try.

 

More general advice:

 

Have Atos sourced an audio recorder and an assessor prepared to be recorded? Leave it as late as poss to check; late afternoon the previous day for an early appointment, or on the day before you set off if there's time. So many of their machines don't quite get to where they're going or (despite the change to their contracts) assessors plead that they're not trained for audio recorded assessments.

 

Access to individual assessment centres can be checked at;

 

http://www.atoshealthcare.com/claimants/locations_home

 

And CAG's guide for the face to face part of a work capability assessment;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287253-esa-medicals

 

Best wishes, Margaret.

[Dublinboy]

Thankyou Margaret. I did that the day before my last medical,can I refuse to attend medical without a recording,they seem to be absolutely clueless when you ring them up,my records and information wasn't even at the medical centre ,regards Dave

[**Margaret**]

: Dave:

 

Currently you can refuse a non-recorded assessment provided you've asked for a recorded assessment in advance of an appointment. And of course, a written request via recorded delivery is difficult to dispute.

 

Normal Work n Pensions policy, as opposed to Government legislation (there isn't any) is that Atos assessments can be deferred for up to four weeks for any reason. Lack of machines/personnel for audio recorded assessments included. But for the moment Government have suspended the four week time limit as we're allegedly coming to the end of an evaluation of audio recorded assessments, which has been running on and off since Autumn 2010.

 

https://www.gov.uk/government/publications/work-capability-assessment-audio-recording-of-face-to-face-assessments-faqs

 

https://whatdotheyknow.com/request/pip_audio_recordings#incoming384001

(response dated 23 May)

 

And you may be interested in the later pages of;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?336827-Announcement-ESA-claimants-now-have-the-option-of-having-their-WCA-recorded

 

Enjoy , Margaret.

[Dublinboy]

Thanks Magaret, for that usefull info,the way to go is recorded examination because of all the lies that these so called proffesionals,I have been to many medicals since 1992 ,don't let the doctors browe beat you , stand your ground and dont let them examine under any circumstances if it hurts , end of.These people donot like when you stand up for yourself , be strong,

[Dublinboy]

just sent a email to my local MP giving him the details of my case to see if he will act on my behalf,will keep you informed with his actions

[Dublinboy]

Wrote to my local MP asking him to get involved with my face to face medical due at the end of August.Also send additional information from my consulltant and previous medical from the DWP.My MP as wrote to them acting on my behalf he as got all my my information,Will this help my cause ? any feedback will be truly appreciated

[**Margaret**]

: Dublinboy:

 

In my experience Members of Parliament are initially willing to intercede for constituents but faced with the intractability of Atos and their paymasters at Caxton House they find it impossible to break the impasse, just like the rest of us.

 

At least three contributors to CAG have had Members of Parliament try to help but then disappear into the morning mist cos there's very little they can do. One of them talked Atos into an audio recorded assessment but Atos never quite got around to arranging it.

 

Newly elected, my Member of Parliament invited some of my self help group to her office for a discussion about work capability assessments. Completely overlooking the ever so slight problem that at least half of us couldn't access her office. She's now a junior minister!! Few months later I got to meet the Member of Parliament for a neighbouring constituency who was bemoaning the unfairness of the 2011 descriptors. Unfortunately he didn't respond to my suggestion that he was better placed than me to do something about it.

 

Nothing ventured, nothing gained, you've nowt to lose by asking for help. Sorting problems with Government contractors is part of their remit. Or should be!!!

 

Margaret.

[dx100uk]

4 threads on the same basic subject merged

 

please keep to one thread

in all posts relating to this issue

 

dx