ESA Medical Report

[telemark]

Hi, I recently had may my ATOS medical and suffering from severe depression and anxiety amongst other related issues the whole thing has made me feel rather ill. The worst bit being I felt the person that assessed me didn't seem particularly interested in anything I said and when I did say something they just kept twisting everything and kept asking the same things over and over again I think attempting to put words in my mouth or somehow make it look like I was lieing. I felt sick when I left and still feel ill now.

 

I wanted to see what had been written about me as I fear it won't be the truth and worry what it might say. I saw in the ESA medical leaflet that you can call the office dealing with your claim and request a copy of your report so I summoned up the courage to do that but I just got this rather abrupt lady that said that I couldn't request it over the phone and that I had to write a letter to get it. She didn't say how long it would take to get it if I did write in for it. All I remember is the assessor told the person that went with me to my medical that the decison would take about a month and a half. I don't know how I could handle having this hanging over me for so long. Has anyone else managed to get a copy of their report or do you have to wait a month and a half for another dreaded brown envelope to drop through the letter box?

[honeybee13]

Hello and welcome to CAG.

 

It's hard for us to say how long it will take for them to get back to you, because it varies from office to office. The information I think you want is your ESA85, which is what Atos input into the computer when you have your 'medical'.

 

Can you deal with this by letter if you don't like ringing them? It would need to be the DWP and not Atos, IIRC. Who did you ring please?

 

I expect more of the guys will be along over the course of the day.

 

My best, HB

[telemark]

I called the number at the top of the letter that the Jobcentre sent me where there were asking me to send in another sick note.

 

I could get a letter to them but I just wonder whether they would take as long to reply to that as they would to send me their decision letter. I don't really know.

[honeybee13]

Hello again.

 

I think I'm right in saying that they don't normally send the ESA85 with the decision letter. The others will know.

 

HB

 

HB

[**Margaret**]

:telemark:

 

The lady who took your call was mistaken. ESA85 reports are available on request via phone or letter from two working days after a face to face assessment. If a second call doesn't work repeat your request in writing, via recorded delivery. (Shouldn't be necessary but it sometimes is cos the contact centre staff don't get enough training.) Takes up to a week for them to arrive via second class post. Separately from decision letters which can take between a few weeks and several months.

 

Unfortunately your assessment was par for the course and the ESA85 is unlikely to be an accurate report of the assessment. Atos are particularly inept at recognising the limitations of mental health issues. but should you be found fit for work, try not to be too despondent. Nearly half of appeals are upheld and CAG has a guide to the process.

 

Best wishes, Margaret.

Edited January 22, 2014 by **Margaret**

[rebel11]

Hi telemark

 

Did you ask for your assessment to be Recorded?

 

It looks like you've been miss-informed, you don't have to write in. It should only ever take one phone call, it's a fairly straight forward request, even they say it's straight forward.

 

Keep a diary (Windows - notepad) with any contact you make with ATOS or the DWP.

 

The date, the time, who you spoke to, what the call was about, what they said to you, what you said to them. If you don't hear news when you expect to, or if the time frame is unreasonable, chase them up. This will help you if you need to make a Formal Complaint further down the line.

[rebel11]

Let me clarify the following,

 

'It looks like you've been miss-informed, you don't have to write in.'

 

The DWP have given you the wrong information, they shouldn't be advising you to write in.

 

What you can do is send an e-mail to :

 

Mark it as a Letter of Complaint

 

contact-us@jobcentreplus.gsi.gov.uk, in the subject part, write the name of Delivery Centre that the DWP letter quotes. Explain that you've been given the wrong information, the literature clearly states that you can request the report by

calling them.

Edited January 22, 2014 by rebel11

[telemark]

I tried calling them again and the woman I spoke to this time said that it wasn't possible to request a copy of the report that was made at your medical and that all I will receive is a letter after they have looked at the results with a breakdown of why they have made which ever decision they make. She was quite insistent so I just gave up. Maybe something has changed recently. I don't know. I said about what is said in the leaflet but she kind of suggested I misunderstood what it said.

[honeybee13]

I tried calling them again and the woman I spoke to this time said that it wasn't possible to request a copy of the report that was made at your medical and that all I will receive is a letter after they have looked at the results with a breakdown of why they have made which ever decision they make. She was quite insistent so I just gave up. Maybe something has changed recently. I don't know. I said about what is said in the leaflet but she kind of suggested I misunderstood what it said.

 

Hello there.

 

That's strange, I thought they would send you a copy. Hopefully someone else here will be able to confirm whether or not things have changed recently.

 

Not all of the call centre people know all the rules.

 

HB

[**Margaret**]

:telemark:

 

Oh I hate these scenarios. On the face of it, you've no reason to accept our advice over the advice of the 'experts'. But (probably due to inadequate training) the contact centre you're talking to are mistaken. The policy of ESA85s being available on request was confirmed as recently as July 13. And the wording on page 6 of the AL1C enclosure, that's sent with appointment letters, talks about phone numbers rather than letters. Not to mention that I see at least one of these reports per month. All accessed via one (or occasionally two) phone call(s). In due course you may wish to consider an official complaint to Jobcentreplus.

 

In the meantime, covering letter to the address on the last letter you received from Jobcentreplus. Enclose a copy of the AL1C enclosure with the pertinent paragraph underlined. And so they've no wriggle room, a subject access request form. Although you may want to ask for full subject access later, for now I'd just use the box at the top of page 3 to ask for the ESA85 report of your Atos assessment on whatever date. (Unlike a full subject access request, a copy ESA85 can be sent immediately.)

 

https://www.whatdotheyknow.com/request/recording_esas#incoming-440519

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

 

If you don't have the technology to download and print from the internet, quote from the leaflet and use the form for subject access as a guide for an equally valid letter for subject access. And I'd suggest recorded delivery to further restrict wriggle room.

 

At this stage, a request to your benefit delivery centre is the only way to get hold of an ESA85 report. Claimants do have a legal right to see them, but they're not enclosed with decision notices.

 

Best wishes, Margaret.

[rebel11]

There are no grey areas here whatsoever. On a phone request the report should be dispatched immediately. DWP employees are payed to do a job and provide a service for some of the most vulnerable people in society. They should not be given conflicting information. If the adviser doesn't know the answer they should say so,they should not make stuff up. They should seek that information from somebody who knows the correct information and relay it to you. Just to reiterate you could call the same number four times and get four different answers to the same question, it borders on the contempt that the government have for vulnerable claimants.

 

Some of this falls into, 'they want it to be made as difficult for all claimants as possible'.

 

When you send them a Subject Access Request ask them for phone transcripts, you will need to know the number you called from, the number you called, date and time of calls. That's a very good reason to keep a diary. You can then ask them why you are being given misleading information on more then one occasion.

[telemark]

Well, I am astounded, I already heard (within 1 week) that I passed into the work related group.

 

I guess amongst other things mental illness can cause you to totally misread situations.

 

Thanks to all of you for your help and words of encorangement during my week of hell. Although I feel really fortunate from reading others' experiences it was only 1 week for me.