ESA - DWP stopped payments after ATOS cancelled WCA - urgent advice please!

[Guest 888]

Hello, enquiring for a friend - just noticed this thread - what is the best email for Stratford BDC, Nine Elms Lane, London SW95 9AB in connection with WCA-appointments?

[Guest 888]

Hi - enquiring on behalf of a friend -

 

A couple of issues - first procedural -

 

- Is ATOS entitled to send out an ESA113 to the claimants GP (repeat referral) before receipt of the ESA50?

If not, which documents state the contrary - e.g. the DWP-ATOS contract or Med. Serv. WCA-Handbook or other sources?

 

- Which legal grounds has ATOS to request a written authorisation of someone else writing on behalf of the claimant - particularly if they have previously accepted the other person communicating with them regarding appointment details / requests / rescheduling etc? If ATOS has no sound legal justification to request such a written authorisation at a later stage, on which legal grounds can ATOS 'irrational' change of be rejected?

 

- For patients with mental health issues - according to this

 

http://welfaretales.wordpress.com/2013/07/25/new-decision-undermines-atos-medicals

 

it seems professions other than GPs with specialist mental health training are not sufficiently qualified to carry out WCAs

- would nurses also not qualify to carry out WCAs for mental health patients accordingly or only physiotherapist and similar?

- would GPs have to have specialist mental health training?

 

- Further it was stated elsewhere that claimants are entitled to be told the name and registration number of the person carrying out the WCA - does this requirement also apply to the HCPs who review the ESA50 before deciding a face to face assessment is necessary? - If so which legal basis supports that?

 

Feedback would be appreciated.

[**Margaret**]

:888:

 

Initially, benefit delivery centres don't deal with customer problems/queries via electronic mail. It's not considered secure.

 

And dependent on the circumstances, it might not be the benefit delivery centre you need anyway. Are you able to tell us why s/he needs to contact them?

 

Margaret.

[**Margaret**]

:888:

 

Just seen your post in the Atos forum. Jobcentreplus won't be interested in your friend's issues at the moment. We'll put some feedback on your Atos thread.

 

Margaret.

[Guest 888]

:888:

 

Initially, benefit delivery centres don't deal with customer problems/queries via electronic mail. It's not considered secure.

 

And dependent on the circumstances, it might not be the benefit delivery centre you need anyway. Are you able to tell us why s/he needs to contact them?

 

Margaret.

 

Hello Margaret - my friend would need a fairly quick response regarding potentially having to reschedule a 2nd time due to an urgent conflicting medical assessment (a real one...) - one email that surfaced elsewhere is this, though not sure if that's the most appropriate one:

 

DWP.MEDICALSERVICESCORRESPONDENCE@DWP.GSI.GOV.UK - which implies that they would deal with such correspondence...

 

Any better suggestions?

[Guest 888]

:888:

 

Just seen your post in the Atos forum. Jobcentreplus won't be interested in your friend's issues at the moment. We'll put some feedback on your Atos thread.

 

Margaret.

 

Thanks that would be appreciated - and yes, we are aware ATOS would have to be addressed directly regarding the other issues.

[45002]

If you search for

 

JOBCENTRE PLUS District Managers and Partnership Managers

 

It's comes up with just about every Email and phone of JP managers in the UK

[**Margaret**]

:888:

 

Atos are entitled to send an ESA113 to a claimant's doctor prior to the issue of an ESA50 questionnaire. The authority's on page 50 of an ESA1 claim form;

 

https://www.gov.uk/employment-support-allowance/how-to-claim

 

If the initial claim was made via phone, Jobcentreplus will have recorded your friend's agreement to the declaration. I can sense that you're really upset by whatever's happened, but the legislation states that Atos may request information in the form of a questionnaire. Doesn't say they have to.

 

http://www.legislation.gov.uk/uksi/2008/794/regulation/21/made

 

Increasingly Atos aren't sending questionnaires to mental health claimants, which means a huge chunk of claimant evidence is lost. The way round it is to download a copy from the internet and take a completed copy to a face to face assessment. The assessors' guidance (WCA handbook) states that s/he has to read it before starting the interview.

 

Unfortunately, Atos rewrite the law on data protection to suit themselves. They tend to recognise Work n Pensions appointee status but ignore representatives, except when it suits them not to. Letter of third party authority, via recorded delivery, to your regional Atos office. They'll get the message eventually, when told you've got proof of receipt.

 

http://dpac.uk.net/2012/08/atos-phone-blockade-contact-numbers

 

Some claimants have successfully used electronic mail to sort appointments but it's a bit of a lottery.

 

customer-relations@atoshealthcare.com

 

Yes, there's been an upper tribunal ruling that a report by a physiotherapist on a mental health claimant had 'no probative value', and the Court of Appeal have ruled that work capability assessments contravene the Equality Act. But so far Work n Pensions policy remains that nurses and physiotherapists without any mental health qualifications can assess claimants with mental health conditions. General practitioners have some mental health training as part of their qualification.

 

For a face to face assessment the assessor should be wearing a name badge, so his/her registration can be checked against the relevant register. Likewise the name of an assessor who's made a recommendation to Jobcentreplus from the paper work, will be on the ESA85A report that's available on request from the claimant's benefit delivery centre. There's no provision, that I'm aware of, to get the name of the Atos assessor who does the scrutiny to decide about ESA113s, face to face assessments, etcetera.

 

Should your friend miss his/her rescheduled appointment for a 'real one' Atos will send a BF223 letter for an explanation, which has to be returned to Jobcentreplus for a determination of good cause. The decision maker has to consider 'the claimant's state of health ...... and the nature of any disability', and will probably consider how urgent or easy to rearrange the 'real assessment' was.

 

A request for your friend's assessment to be audio recorded, apart from being a good idea anyway, may buy several weeks delay while Atos find a recording machine. It's a way out of the appointments clash and may offer a chance to start on the other issues.

 

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

 

Not sure, but I think the Medical Services Correspondence electronic mail address is the one they use for freedom of info requests. If so, Work n Pensions have up to twenty working days to respond.

 

Sincerely, Margaret.

[antone]

Have moved over a few posts from a thread on the main Benefits Forum.

[Guest 888]

If you search for

 

JOBCENTRE PLUS District Managers and Partnership Managers

 

It's comes up with just about every Email and phone of JP managers in the UK

 

Thanks - 2 things - are the relevant district managers also responsible for the DWP Benefits Decision Centre - according to this other thread it is not?

 

So what would be the appropriate email to use?

 

Alternatively, is there a fax-number for Stratford Benefits Decision Centre?

[Guest 888]

Hello, inquiring for a friend -

 

My friend has not been paid for the last 1.5 months (basically since Mid February - ESA contributory; support group) as due to February being a short month this had not become apparent in the previous bank statement.

 

The circumstances are: ATOS had to cancel the very first WCA in Mid February prior to the WCA/ assessment date due to the lack of recording equipment - which they had confirmed in writing.

 

Apparently ATOS did not notify DWP that this first cancellation was from their end; subsequently DWP seems to have stopped the payments.

 

DWP did not notify my friend that the payments were stopped yet they still expected to attend the rescheduled WCA (which has been rescheduled for other reasons) - and in fact due to rescheduling so far no WCA has taken place.

 

To clarify - the payments stopped immediately after ATOS cancelled the first WCA by themselves, not based on subsequent changes of the WCA date - hence DWPs decision must have been based on ATOS fault.

 

How can DWPs action of stopping the payments without notification and without issuing a BF223 be challenged - given that the payments were stopped after ATOS themselves rescheduled the first appointment?

 

Is there an entitlement to reclaim the unpaid payments - given that it was ATOS/DWPs fault? - If so, under which regulation/legislation?

 

How quickly will this be processed?

 

Urgent advice much appreciated!

 

Many thanks

Edited April 2, 2014 by 888

[**Margaret**]

:888:

 

As with an ESA1 form, the SSP1 claim form for incapacity benefit included authority for Social Security (now Jobcentreplus) to request medical evidence from a claimant's health professionals.

 

From what you've written my best guess (although I can't be completely certain) is that Atos cancelled the first appointment for lack of an audio recorder, but failed to update the Medical Services Referral System correctly. No BF223 issued cos Atos cancelled the appointment, but to Jobcentreplus it looked like a no show and non return of a BF223. Your friend should have received written notification of the termination of his employment n support. Either Jobcentreplus didn't bother (they're getting worse) or Royal Mail lost it.

 

First off, phone Jobcentreplus for the date of the decision and a copy of the decision notice. This decision's appealable if it's not revised when your friend asks Jobcentreplus 'to look at their decision again'. Officially known as a mandatory reconsideration and non receipt of the decision notice is grounds for the late request. Written request cos Jobcentreplus often 'lose' phone calls. Enclose copies of all the letters received from Atos. They wouldn't have offered a rescheduled appointment if the first one was an unexplained no show. Any phone evidence of the cancellation?

 

Finally, use the box on page 3 of the form below to subject access Jobcentreplus for the contact history with Atos. Tends to concentrate their attention and your friend will need it anyway if this dispute goes to appeal.

 

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

 

And some info about mandatory reconsideration;

 

https://www.gov.uk/appeal-benefit/decisions-made-on-after-28-october-2013

 

Best wishes, Margaret.

[Guest 888]

:**Margaret**:

 

According to a phone call to DWP today they registered it incorrectly as a no show, however apparently no BF223 has been issued despite the payments being stopped and DWPs staff rejected reinstating the payments as long as no WCA has taken place.

DWP and a+os have reconfirmed the rescheduled WCA.

Thus it appears not to be a formal termination of the ESA claim. - Would DWP still be required to justify stopping the payments through a written notification (and otherwise wouldn't that breach the principle of natural justice and the Public Sector Equality Duty - i.e. the requirement to provide reasons for decision making?)

Thus DWP stopping the payments without material grounds and without written notification seems to be unlawful?

Given the circumstances would that already provide grounds for mandatory reconsideration?

Whats the quickest way to get DWP to reinstate the payments in the interim?

 

Responses would be much appreciated!

 

Many thanks

[**Margaret**]

:888:

 

Unfairly Jobcentreplus aren't required to notify suspension of a benefit award. And cos it's not an appealable decision they don't have to, via mandatory reconsideration, state their reasons either.

 

Do you know whether you got past the contact centre staff last Thursday? They don't get enough training so if it says suspended on their screens, end of, unless you ask for a call back from a processor. From what you've written (I don't know the status of the rearranged appointment) I can't see any reason why this suspension wasn't revised immediately Jobcentreplus realised their error.

 

Should a call back from a processor not work, I'd try a formal written request via recorded delivery to your friend's benefit delivery centre. For reconsideration of an apparently erroneous suspension and reinstatement of payments pending the determination on capability for work. From my own experience of these mistakes, your friend will need to explain chapter and verse of the chronology so far, and enclose all the evidence I suggested for a mandatory reconsideration prior to an appeal. Subject access request for the contact history included!

 

For your info, here's some of the invalid reasons that Jobcentreplus may offer for non payment/suspension;

 

Gap in medical evidence/no, it's reassessment of an existing award.

New claim within six months of a determination of fit for work/no, it's reassessment of an existing award.

Suspension for failure to provide some requested info in connection with the claim/co-operate with compliance.

 

Unfortunately Jobcentreplus aren't time limited for reconsiderations, but if your friend doesn't get a speedy response escalate the complaint to the next level, with specific questions that s/he wants answers to. In case you've not seen it, here's Jobcentreplus service standards booklet about how they should deal with complaints.

 

https://www.gov.uk/government/publications/about-the-dwp-our-service-standards-leaflet

 

Hope you manage to get this sorted before your friend has to compromise over a recorded assessment, Margaret.

[**Margaret**]

:888:

 

I've merged your posts about the suspension of your friend's benefit into one thread.

 

Should other contributors have resolved similar situations, or have further suggestions for you, they'll be better placed to advise if the history and all your queries are together.

 

Margaret.

[Guest 888]

Thanks ever so much for your advice, luckily a detailed history of all intaction with both lot.. helped rectifiying the error without SAR - thanks again!!!