Mandatory Reconsideration letter

[justfornow]

Hi Mr P,

 

DWP is aware that my husband, wont leave the house (GP letter).

 

I do not know if Atos is aware ?

 

But is does not matter, absolutely no way will my husband let anyone into the house.

This is my dilemma, I do know that DWP have to do their job, and they cannot just take mine and the Dr word for it.

But their is absolutely no chance of him letting anyone come to the house.

 

I just wondered what was the point of getting all his medical records and information they have on him, if they are not prepared to wait.

 

Sarah.

[worried33]

Hi Mr P,

 

DWP is aware that my husband, wont leave the house (GP letter).

 

I do not know if Atos is aware ?

 

But is does not matter, absolutely no way will my husband let anyone into the house.

This is my dilemma, I do know that DWP have to do their job, and they cannot just take mine and the Dr word for it.

But their is absolutely no chance of him letting anyone come to the house.

 

I just wondered what was the point of getting all his medical records and information they have on him, if they are not prepared to wait.

 

Sarah.

 

The outcome wont be pretty if you both refuse to attend an assessment at ATOS medical centre and refuse them access to conduct a home visit, I believe the outcome will be a decision based on you refusing a WCA and fit for work. Once ATOS have decided they need to do a face to face, I have never heard of anyone getting them to change their mind. You might be able to get them to keep deffering.

[reallymadwoman]

Sarah,

DWP will not necessarily have told ATOS about the GPs letter, and in fact, probably won't. Phone them (ATOS) and tell them it has to be a home visit. Let them arrange the appointment - this could take months as there are huge backlogs at the moment and home visits tend to be put to the bottom of the list. Regardless of how long you have to wait though, I think you have to arrange the appointment and let the ATOS doctor see that your husband won't let him in - you and your GP telling them that is never going to be accepted. I appreciate that this could be quite distressing for everyone, but it has to be better than no benefits.

[justfornow]

Hi All,

Thank you for your replies, yes, I would rather put ATOS off for as long as possible, at the moment I am just feeling sick every time the post arrives.

 

I was starting to sleep a lot better, and not be so tied, it has only been 9 hours since this letter arrived and I feel drained again.

 

The fact is I do know that my husband will eventually have to have a medical, I would rather it be in a few months time, the reason being that I am starting to feel better, and stronger to deal with

whatever the out come will be.

Sarah.

[**Margaret**]

:Sarah:

 

The point of the letter from your husband's doctor was supportive evidence for your explanation of his alleged 'failure to attend'. Probably hasn't been forwarded to Atos, and even if it has, whether it'll be accepted as reason for a home visit will depend on what the doctor actually wrote.

 

Right, the alleged failure to attend is over and done with. Your husband has a completely new appointment letter to deal with.

 

First off, it's worth trying the usual process to request a home visit. Phone call to Atos on 08002 888777 to explain, without any reference to the previous appointment, that your husband needs a home visit cos he never leaves the flat/house. At which point Atos will ask for a confirmatory letter from one of his healthcare professionals. Without any appointee status or third party authority in place, Atos will want your husband's verbal consent for you to talk to them.

 

If all that's a non starter, written request for a home visit, signed by your husband!! Enclose a copy of the letter your doctor's already written. And a letter of third party authority for you to talk to Atos on your husband's behalf? Potential problem of letters to Atos is that they rarely respond, but at least you'll have a paperchase if there's another BF223 letter. Or an electronic mail trail (include a scanned copy of the doctor's letter) if that's easier.

 

customer-relations@atoshealthcare.com

 

Very unlikely that Atos will accept hearsay evidence, so they may insist on another letter based on an actual consultation or documented medical evidence. Should Atos accept the need for a home visit and your husband refuses to co-operate they may return the referral to Jobcentreplus for 'failure to submit' and another round of good cause. There's a possibility that Atos may waive the face to face assessment if you and your doctor can put together enough circumstantial and medical evidence to enable them to make a recommendation to Jobcentreplus without seeing him.

 

Push has come to shove. Time for your husband to meet you halfway.

 

Margaret.

[justfornow]

Hi Margaret,

I phoned Atos today asking for a home visit, I told them that his GP had already written to DWP, they said they knew nothing about it.

They just kept on saying that DWP has asked them to give my husband a medical appointment, it was like talking to myself.

I phoned up again about one hour later and spoke to someone else, this time they told me to get my GP to fax them a letter detailing why he can not attend a

medical and needs a home visit.

I phoned my GP guess what he is on holiday until a week before my husbands interview, so I asked the receptionist if anyone else could fax atos, but no, I will have to wait till

the GP goes back to work, I then phoned atos and told them what was happening, she said oh well, it will still be a week before his appointment.

 

So do you think that I should send atos a copy of his GP letter ? I will send everything recorded delivery from now on.

Also I have not heard back from DWP about being my husbands appointee, I do not know how long that will take, I will ring them tomorrow.

The longer it is before he has to have a medical will be better for me, I know that I can not stop them asking for a medical, I would just like a little rest bite.

Thank you again.

Sarah.

[justfornow]

Hi Margaret,

I phoned Atos today asking for a home visit, I told them that his GP had already written to DWP, they said they knew nothing about it.

They just kept on saying that DWP has asked them to give my husband a medical appointment, it was like talking to myself.

I phoned up again about one hour later and spoke to someone else, this time they told me to get my GP to fax them a letter detailing why he can not attend a

medical and needs a home visit.

I phoned my GP guess what he is on holiday until a week before my husbands interview, so I asked the receptionist if anyone else could fax atos, but no, I will have to wait till

the GP goes back to work, I then phoned atos and told them what was happening, she said oh well, it will still be a week before his appointment.

 

So do you think that I should send atos a copy of his GP letter ? I will send everything recorded delivery from now on.

Also I have not heard back from DWP about being my husbands appointee, I do not know how long that will take, I will ring them tomorrow.

The longer it is before he has to have a medical will be better for me, I know that I can not stop them asking for a medical, I would just like a little rest bite.

Thank you again.

Sarah.

[justfornow]

sorry must have pressed send twice.

[Mr.P]

If the GP letter states "unable to leave the house. Home visits only", then send it to ATOS.

 

There isn't really much else you can do unless there is another doctor within the surgery that can stand in for your usual GP.

[**Margaret**]

:Sarah:

 

Yes, lots of us feel we're talking to ourselves when Tatos can't stray from the script. You've nothing to lose by trying to get them to accept the letter you've already got.

 

Unfortunately I've no idea how long it's taking Work n Pensions to deal with applications for appointees at the moment. If you don't receive at least an acknowledgement within the next few days you'll have to phone to find out.

 

Margaret.

[justfornow]

Hi All,

Thank you for your replies, phoned atos again today, they informed me that my husband most likely would not receive a home visit, unless the GP gives

a substantial reason, oh and I also asked that the interview be recorded, she then said that it was up to the medical examiner, she then just wanted to get me off the phone.

Yes I will ring DWP next week about myself being my husbands appointee.

In the GPs letter he states that he has not seen my husband for a while, but he does say that he has severe OCD and agoraphobia, so I will send atos that on Monday as well.

Thank you for your help.

Sarah

[**Margaret**]

:Sarah:

 

Not the most pressing of your problems right now, but when it is; it's not up to the assessor whether or not your husband's assessment is audio recorded. All Atos healthcare professionals (whether they like it or not) are contracted to conduct audio recorded assessments if asked to do so. And if you get one for your husband, home visits are included!

 

https://whatdotheyknow.com/request/wca_recording_hcps#incoming-381138

 

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

 

Margaret.

[justfornow]

Thank you Margaret.

[justfornow]

Hi All,

 

I have sent off my GP's Letter to atos, he does not go into details but it does say that my husband has severe OCD and has Agoraphobia, I also sent case notes of his short stay in the

mental hospital, the lady kindly sent them to me to see if we could get a move, it is her professional findings, it can only help, I sent them recorded with proof that they have received them.

 

Also today I have just received two parcels from DWP etc. They are the subject access request information that I asked for, WOW.

 

They came in the form of computer print outs reams and reams of them, and loads of papers, I will take my time and read through them.

 

I will let you know what else I find.

 

Sarah.

[justfornow]

Hi All,

 

Just had a quick look at the papers.

 

Income support Data protection act print out 75 sheets, with nothing much on them, they seem fine.

 

Labour market system also nothing much.

 

DWP corporate abbreviations, pages and pages and pages.

 

Information Devolution & Governance.. 125 pages of what seems like nothing ?

 

Can anyone tell me what BAMS medical means ?

 

There is a section saying Rejection of BAMS medical advise ?

 

Also notes on my husbands clinical history, the hand writing is barely readable, I will have to try to decipher it.

 

His last medical assessment was in April 2002, The Dr terminated the assessment and wrote :-

 

Severe mental illness falls into the exempt category.

 

That's all I have read so far.

 

So can anyone tell me what BAMS medical means

 

Thank you for any help.

 

Sarah.

[justfornow]

Hi

 

I found out what BAMS means.

 

Benefits Agency Medical Services.

 

I am so flustered I forgot about google.

 

Sarah.

[justfornow]

Hi All,

 

Today I received another set of papers, this was from DWP Blackpool.

Hundreds and hundreds of print out papers, and a thick file of A4 papers.

I have read most of them.

Firstly I thought that sometimes DWP never received all of my replies, but no, everything I have ever wrote to them they had.

They wrote to my husbands GP about information they had on him, only the GP practice secretary writes back with the GPs stamp, so you can pour your heart out to your GP and get very nice sympathy and understanding, If he does not write it down on his computer notes it means nothing.

Note to anyone going through the same thing as us, if you are a carer or a loving relative who is looking after someone with mental illness, who like my husband will not go to see his GP, them go

to see the GP yourself, and keep the GP up to date with what is happening, Only arrange the appointment in their name and go in yourself, so at least it will be noted.

 

With regard filling in forms that they have sent over the last few years, virtually everything that I wrote they have taken the opposite view

 

i.e My husband can not be left on his own, they have said he is all right to be left alone, I said he wont go out, they said he can go out by himself without supervision ? I said he wont arrange a meal himself, they said he can ? it goes on and on. It is like banging my head against a brick wall.

 

Also every time over the years my husband has spoken with someone, that someone says that my husband is very agitated and has sever OCD, so why are they ignoring this.

 

I do not know what to do about this information, and I do not know what to do next.

Any advice.

 

I am going to see his GP on Monday to ask him to fax Atos the details that they have asked for, I just hope he will do it.

 

Sarah.

[justfornow]

Hi All,

I have been to my husbands GP, and he kindly faxed over the information that they have asked for. A decision has not been made yet, they are waiting for his medical records to be sent from the medical centre .

They said it would take several days to put the information together, and so they have cancelled this appointment, and they will let me know the outcome next week.

I will keep you informed.

Sarah.

[justfornow]

Hi,

 

Received a letter yesterday from atos,with a new appointment time, of next week.

 

When I spoke to the lady on Tuesday, she said that they were waiting for my husbands medical files to come back from the medical centre.

I can only presume that this is just a temp appointment to give them time to make a decision, if not were do I go from here.

 

What else can I do ?

 

Sarah.

[**Margaret**]

:Sarah:

 

From what you've written so far it's impossible to tell what Atos are doing. Are you able to answer a couple of questions;

 

What phone number are you talking to them on?

 

Files/records from the medical centre where your doctor works or one of their assessment centres?

 

Margaret.

[justfornow]

Hi Margaret,

 

I am talking to atos on the 0151 934 6070 number (this is also where the letter is addressed) and also the national number.

 

Monday morning went to see GP, he faxed them the information they asked for.

Tuesday, they said that they had now received the information, but a decision has not been reached yet. they said that they needed to get my husbands medical records back from the medical centre ( the building he is supposed to have the medical appointment in next week).

She told me that they would cancel next weeks appointment because they may not have enough time.

Now today I get this letter saying exactly the same thing as the last letter but with a different date (now 21st).

 

Sarah.

[**Margaret**]

:Sarah:

 

Combination of the phone number for a regional Atos office and recall of your husband's ESA55 file from one of their assessment centres means they're intending to send your husband's referral through scrutiny again. That's the initial process to read an ESA50, together with any supportive evidence, and make a decision about whether to seek further medical evidence, call the claimant for a face to face assessment, or (in a few cases) make a recommendation to Jobcentreplus without either.

 

Can't be certain, but the appointment for next week is most likely Atos weird way of keeping a referral open. They're known to do the same thing while they source audio recorders. Cos it's easier for them, never mind the angst for the claimant. But as I don't have one of their crystal balls, I can't be certain. If you've not heard from them by Monday/Tuesday, phone the regional office to find out what's happening. Hopefully Atos won't want to drag your husband to an assessment centre. But if they do, you may have to make a call about defending another 'failure to attend'.

 

All that information? The initial purpose was to get the contact history for the alleged 'failure to attend' in case your husband had appeal the termination of his benefit. Once you've discarded the computerised payment records, is there anything to evidence that your husband meets the criteria for an award of employment n support allowance?

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

Exceptional/special circumstances at pages 10 - 12.

 

Descriptors of activities that are relevant to the workplace at pages 18 - 28.

 

Best wishes, Margaret.

[justfornow]

Hi Margaret,

 

Thank you for the information.

 

I received a letter today from atos saying that next weeks appointment is cancelled, do not turn up.

 

It says we are reviewing medical information that we have received.

 

As regards the subject access information, I am still going through it, I am finding the hand writing very hard to read.

A lot of the information that I gave them, someone (a expert no doubt) id contradicting virtually everything I write, i.e

 

Can your husband be left alone, I say no , they say yes, is he all right to walk in places he does not know, I say no, they say yes, will he take is tablets by himself, I say no, they say yes.

I have given them information all through 2012 saying that he was not well, and he cannot look after himself, and all we got was to lose my carers allowance, and his middle rate DLA.

Then we won the upper tier hearing, and he was awarded lower rate DLA.

 

So I can not afford to lose this case.

 

Thank you for your continued help and support.

 

Sarah