Decision makers and common sense

[hibbiejim]

Hello folks i thought i would tell my tale and i will keep updating and hopefully someone else may find

my fight with the DWP useful.

 

I have been waiting ages to get an operation on my knee. It really affects my day to day movements. So

i was getting JSA up until the 28th Nov 13. My doctor then signed me off and wrote to the orthopaedic dept

regarding getting surgery. These are the letters i then received.

18th Dec 13 i got the x-rays done. Surgery is needed.

19th Dec 13 told im on the waiting list.

6th Jan pre op assessment for the 29th Jan and operation on the 21st Feb

15th Jan letter from ATOS to attend medical 31st Jan . I phoned them and said it was pointless having a medical when im getting an operation 3 weeks later. Nothing we can do they said phone your benefit office.

21st Jan phoned the benefit office explained about my hospital appointments and operation. I was told to send copies of all my hossie letters and he would put on file that was my reason for not going to the medical.

22nd Jan sent copies of all letters to the benefit office.

22nd Jan letter from ATOS my medical was rescheduled for the 24th Jan . Phoned again explaining hossie and operation. Nowt we can do phone your benefit office.

27th Jan phoned benefits office explained again about hospital and informed them all letters were sent.

2nd Feb letter from DWP asking about my non show at the medical on the 31st Jan. Sent form back explaining about hospital again and told them all letters from the hossie were sent to them.

10th Feb letter from DWP ESA stopped because a decision maker said my reasons for not going to the medical on the 31st Jan were not good enough.

 

Now this is meant to be the new efficient system. I am at a loss as to why i was to attend a medical when 3 weeks later im getting surgery on my knee. I have been taken of ESA because i missed a medical on the 31st Jan. That would be the medical that got rescheduled to the 24th Jan then.

If i followed the way the DWP worked i would be having a new JSA claim from 1st Feb only until the 21st Feb when i would need to close the JSA claim and open a new ESA claim.

This is to me madness and a waste of everyones time and money.

I have written to my MP and i am awaiting a call from my benefits office today.

In the meantime i now have no income and as my ops next week who would employ me?

 

I shall keep yous posted.

Cheers

[abc123def]

I would have just gone to the medical and taken the letters and medical information with you. I'm not sure why you think the medical was 'pointless', they would assess you on your condition and advise as to how soon or if you are likely to improve/recover based on your future medical treatment including your upcoming operations. I think that would have been the easier option rather than this battle personally.

[honeybee13]

Hello there.

 

I have to agree with abc, I'm afraid. It's a shame you didn't ask for views here before you embarked on this course of action. I wish you luck with your quest though.

 

HB

[citizenkain]

yes,you should have just gone through the motions with these people,go along with them, theres no point trying to use any common sense of your own,these pencil pushers aint interested.

[estellyn]

I had difficulty reading past the shortening of hospital to 'hossie'. Arrrgghhh!!!

 

 

But basically, I agree, trying not to go to the assessment was a pretty pointless exercise, and causes more problems in the long run.

[hibbiejim]

Cheers for the replys so far. As for not attending the medical i kept the DWP office

informed the whole time. I received a call from the DWP office dealing with this

farce today and as i spoke to the lassie she agreed it seemed a pretty stupid medical

to have 3 weeks before an operation.

I still would not have enough points for ESA after the medical. I would however

have received a letter saying my ESA was stopped durng the first week of

February. Then a new claim for JSA would be made. Then a vist to my job

centre would have been arranged for the second week of February. Attending

that and i would have got a signing date on the third week of February.

Except i would have to close my claim for JSA the same week as my interview

took place and open a new claim for ESA because of my operation.

 

That as far as i am concerned is a waste of my time, ATOS' time, DWP time

and of course taxpayers cash. I know its an uphill fight but i think i can prove

that my reasons for not attending are common sense reasons.

 

So i now await a call from a decision maker to see if i have provided a good

enough reason.

I shall ask though why after me explaining my operation could the DWP

and ATOS not heve rescheduled the medical after my operation and recuperation.

I did ask this of ATOS but they blamed the DWP for making them book appointments.

Got an e-mail reply from my MP as well he is going to enquire about the decision

maker and how they reached their decision.

 

Happy days indeed.

[hibbiejim]

Well got phone call from the decision makers today. Everything is reinstated.

Without actually saying so he alluded to them not doing a very good job seeing

as how id supplied so much information and the fact i got my mp involved also

helped immensely.

Very tellingly last week during a call from the DWP i was told 'you should have

done what you were told'

 

So folks if you have done nothing wrong do not give up. Fight back. Get everyone

involved that you can.

 

Happy days in edinburgh today. I go under the scalpel on friday stress free.

[45002]

Hello folks i thought i would tell my tale and i will keep updating and hopefully someone else may find

my fight with the DWP useful.

 

I have been waiting ages to get an operation on my knee. It really affects my day to day movements. So

i was getting JSA up until the 28th Nov 13. My doctor then signed me off and wrote to the orthopaedic dept

regarding getting surgery. These are the letters i then received.

18th Dec 13 i got the x-rays done. Surgery is needed.

19th Dec 13 told im on the waiting list.

6th Jan pre op assessment for the 29th Jan and operation on the 21st Feb

15th Jan letter from ATOS to attend medical 31st Jan . I phoned them and said it was pointless having a medical when im getting an operation 3 weeks later. Nothing we can do they said phone your benefit office.

21st Jan phoned the benefit office explained about my hospital appointments and operation. I was told to send copies of all my hossie letters and he would put on file that was my reason for not going to the medical.

22nd Jan sent copies of all letters to the benefit office.

22nd Jan letter from ATOS my medical was rescheduled for the 24th Jan . Phoned again explaining hossie and operation. Nowt we can do phone your benefit office.

27th Jan phoned benefits office explained again about hospital and informed them all letters were sent.

2nd Feb letter from DWP asking about my non show at the medical on the 31st Jan. Sent form back explaining about hospital again and told them all letters from the hossie were sent to them.

10th Feb letter from DWP ESA stopped because a decision maker said my reasons for not going to the medical on the 31st Jan were not good enough.

 

Now this is meant to be the new efficient system. I am at a loss as to why i was to attend a medical when 3 weeks later im getting surgery on my knee. I have been taken of ESA because i missed a medical on the 31st Jan. That would be the medical that got rescheduled to the 24th Jan then.

If i followed the way the DWP worked i would be having a new JSA claim from 1st Feb only until the 21st Feb when i would need to close the JSA claim and open a new ESA claim.

This is to me madness and a waste of everyones time and money.

I have written to my MP and i am awaiting a call from my benefits office today.

In the meantime i now have no income and as my ops next week who would employ me?

 

I shall keep yous posted.

Cheers

 

Cheers for the replys so far. As for not attending the medical i kept the DWP office

informed the whole time. I received a call from the DWP office dealing with this

farce today and as i spoke to the lassie she agreed it seemed a pretty stupid medical

to have 3 weeks before an operation.

I still would not have enough points for ESA after the medical. I would however

have received a letter saying my ESA was stopped durng the first week of

February. Then a new claim for JSA would be made. Then a vist to my job

centre would have been arranged for the second week of February. Attending

that and i would have got a signing date on the third week of February.

Except i would have to close my claim for JSA the same week as my interview

took place and open a new claim for ESA because of my operation.

 

That as far as i am concerned is a waste of my time, ATOS' time, DWP time

and of course taxpayers cash. I know its an uphill fight but i think i can prove

that my reasons for not attending are common sense reasons.

 

So i now await a call from a decision maker to see if i have provided a good

enough reason.

I shall ask though why after me explaining my operation could the DWP

and ATOS not heve rescheduled the medical after my operation and recuperation.

I did ask this of ATOS but they blamed the DWP for making them book appointments.

Got an e-mail reply from my MP as well he is going to enquire about the decision

maker and how they reached their decision.

 

Happy days indeed.

 

 

 

Well got phone call from the decision makers today. Everything is reinstated.

Without actually saying so he alluded to them not doing a very good job seeing

as how id supplied so much information and the fact i got my mp involved also

helped immensely.

Very tellingly last week during a call from the DWP i was told 'you should have

done what you were told'

 

So folks if you have done nothing wrong do not give up. Fight back. Get everyone

involved that you can.

 

Happy days in edinburgh today. I go under the scalpel on friday stress free.

 

 

 

 

 

Good to hear you got your payments back,but if there is a next time and ATOS want to see you again just go to the appointment.

 

Plenty of stories on CAG where people have not gone to there ATOS appointment for what ever reason,loose there money end up appealing which could take a year or even longer.

 

It's just not worth the hassle of missing a ATOS appointment.

 

You may not be that lucky if there is a next time !

[happyhelper]

Well got phone call from the decision makers today. Everything is reinstated.

Without actually saying so he alluded to them not doing a very good job seeing

as how id supplied so much information and the fact i got my mp involved also

helped immensely.

Very tellingly last week during a call from the DWP i was told 'you should have

done what you were told'

 

So folks if you have done nothing wrong do not give up. Fight back. Get everyone

involved that you can.

 

Happy days in edinburgh today. I go under the scalpel on friday stress free.

 

 

Spot on Hibbiejim. Only just saw your post and resulting threads, but I would within reason, have supported your stance.

 

Well done. Tenacity and attention to detail (as well as the law) can win out with ATOS and DWP. I am aware that the DWP decision makers are generally decent folk and if you let them see the light, with credible and chronological evidence to back it up, then common sense, in some instances, prevails.

[worried33]

Defenitly dont rely on the DWP rearranging appointments, they generally wont intervene once you are reffered to ATOS.

 

ATOS if they find the reason justified have the power to cancel and rearrange appointments themselves. If ATOS wont do this then the best thing to do is attend.

 

Also the consequences of attending a WCA and been found fit for work is less severe than been found fit for work by missing a WCA, the latter you wont be able to get assessment rate whilst appealing.

 

Its possible after the MP intervention the DWP wont immediatly refer you again, but they will do so at some point.

[antone]

Agree with 45002 - well done, glad it all worked out for you Hibbie, but no-one should rely on this approach. There are some battles worth fighting and this really wasn't one of them. The outcome could have been very different.