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Thread: ESA Confusion

  1. #1
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    ESA Confusion

    Hello to everybody first of all .

    Im actually very confused with Esa and wondered if anyone else has had a similar experience. My husband is going through the transition to ESA at the moment. He recieved the Esa form which he duly filled in and sent numerous letters of evidence from his Gp and specialist. He then recieved an appointment to attend an ATOS medical examination. He phoned them to advise that he could'nt attend any appointment because of the nature of his illness/disability (This was pointed out on the esa form). He was told to ask his Gp to send a fax to them explaining why he could'nt attend, which he did. He then recieved a letter from medical services which advised him not to attend the appointment. It said


    [CENTER]"I am writing to inform you that a medical practitioner has reviewed the file and decided that it is not necessary for you to attend the appointment. [U]As we have received further medical evidence. The Department of Work & Pensions will contact you shortly regarding the above.

    My husband received a phonecall this afternoon from Dwp informing him that he is to attend an interview at the Job centre regarding getting back to work! My husband explained that he could'nt attend a medical so how do they think he can attend a Job centre. The man apologised and said that he would send a form for my husband to appeal. My question is will my husband have a medical report from Atos based on the evidence they received and if so can we have a copy?

    We have received no letters from Dwp, just the out of the blue phonecall. I read on your forum recentley that medical reports are 2 - 3 weeks before you can ask for a copy. It has only been a week today that my husband should have attended the Atos appointment but they must have sent something to the Dwp hence the phonecall.

    Any advise or thoughts would be gladly received.

    Thankyou for reading.

  2. #2
    davewhit
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    Quote Originally Posted by Titch View Post
    Hello to everybody first of all .

    Im actually very confused with Esa and wondered if anyone else has had a similar experience. My husband is going through the transition to ESA at the moment. He recieved the Esa form which he duly filled in and sent numerous letters of evidence from his Gp and specialist. He then recieved an appointment to attend an ATOS medical examination. He phoned them to advise that he could'nt attend any appointment because of the nature of his illness/disability (This was pointed out on the esa form). He was told to ask his Gp to send a fax to them explaining why he could'nt attend, which he did. He then recieved a letter from medical services which advised him not to attend the appointment. It said


    [CENTER]"I am writing to inform you that a medical practitioner has reviewed the file and decided that it is not necessary for you to attend the appointment. [U]As we have received further medical evidence. The Department of Work & Pensions will contact you shortly regarding the above.

    My husband received a phonecall this afternoon from Dwp informing him that he is to attend an interview at the Job centre regarding getting back to work! My husband explained that he could'nt attend a medical so how do they think he can attend a Job centre. The man apologised and said that he would send a form for my husband to appeal. My question is will my husband have a medical report from Atos based on the evidence they received and if so can we have a copy?

    We have received no letters from Dwp, just the out of the blue phonecall. I read on your forum recentley that medical reports are 2 - 3 weeks before you can ask for a copy. It has only been a week today that my husband should have attended the Atos appointment but they must have sent something to the Dwp hence the phonecall.

    Any advise or thoughts would be gladly received.

    Thankyou for reading.
    there might or might not be a medical report depends what your gp put in the fax and how atos reported it back to dwp

    not having a medical on its own wont get your husband out of the interview at this stage best bet is to call the person who will be doing the interview they can and do carry them out over the telephone,

    if you appeal depending where you are in the uk they might or might not put interviews on hold till after the appeal

  3. #3
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    Hi Dave. Thanks for your reply.

    I have just replied but for some reason it hasn't posted.

    The fax the Dr sent we saw. It explained that because of a Crohns flare and excruciating pain from associated arthritis, he (the Dr) thought it impossible for my husband to attend. Scans and recent camera tests were also sent as evidence. I have just been discussing this with my hubby. I can see 2 possibilities...either the medical report has'nt been received by dwp and they think my hubby just has'nt turned up for his appointment or the Dwp havent bothered reading the report. I wish they realised how much stress is caused by their slipshod attitude to peoples lifes. I understand that they have thousands of people to access but surely they must realise that evidence and paperwork etc must be read properly.

    We are going to have to wait and see if a letter comes because we don't know who to contact atm. I could ring medical serices (atos) tomorrow and ask whether they have sent a report to dwp. Its got to be worth a try.

  4. #4
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    No - quite honestly I don't think you will get any sense out of ATOS. I doubt the DWP will have been sent a report by them. What has probably happened is that the fax from the GP has simply served to prove that your husband couldn't attend a medical at the time. Not that he could never attend.
    Ideally he should have been offered an assessment at home. Instead he has been put straight into the Work Related Activity Group by the sound of it - and he should appeal as soon as possible.

  5. #5
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    Quote Originally Posted by Carneucopia View Post
    No - quite honestly I don't think you will get any sense out of ATOS. I doubt the DWP will have been sent a report by them. What has probably happened is that the fax from the GP has simply served to prove that your husband couldn't attend a medical at the time. Not that he could never attend.
    Ideally he should have been offered an assessment at home. Instead he has been put straight into the Work Related Activity Group by the sound of it - and he should appeal as soon as possible.
    I think you are right. Only to add that, in theory, the papers ATOS recieved should have been sent to the DWP DM, anyway clearly the DM has decided WRG for you. I think that for several reasons DM's are putting people in WRG in the hope they will just accept it, and as we have seen from recent posts, many do.
    Appeal.

  6. #6
    vikstar
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    Quote Originally Posted by Titch View Post
    Hello to everybody first of all .

    Im actually very confused with Esa and wondered if anyone else has had a similar experience. My husband is going through the transition to ESA at the moment. He recieved the Esa form which he duly filled in and sent numerous letters of evidence from his Gp and specialist. He then recieved an appointment to attend an ATOS medical examination. He phoned them to advise that he could'nt attend any appointment because of the nature of his illness/disability (This was pointed out on the esa form). He was told to ask his Gp to send a fax to them explaining why he could'nt attend, which he did. He then recieved a letter from medical services which advised him not to attend the appointment. It said


    [CENTER]"I am writing to inform you that a medical practitioner has reviewed the file and decided that it is not necessary for you to attend the appointment. [U]As we have received further medical evidence. The Department of Work & Pensions will contact you shortly regarding the above.

    My husband received a phonecall this afternoon from Dwp informing him that he is to attend an interview at the Job centre regarding getting back to work! My husband explained that he could'nt attend a medical so how do they think he can attend a Job centre. The man apologised and said that he would send a form for my husband to appeal. My question is will my husband have a medical report from Atos based on the evidence they received and if so can we have a copy?

    We have received no letters from Dwp, just the out of the blue phonecall. I read on your forum recentley that medical reports are 2 - 3 weeks before you can ask for a copy. It has only been a week today that my husband should have attended the Atos appointment but they must have sent something to the Dwp hence the phonecall.

    Any advise or thoughts would be gladly received.

    Thankyou for reading.
    Sometimes appointments are made for a face to face assessment before the ESA50 has been reviewed by the ATOS "Medic". These appointments are made by a different department at ATOS. So this may explain the turn around regarding him having to attend the medical.
    It looks very much like your husband has been placed in the WRAG, on paper scrutiiny alone, this is very common.
    If this is the case a medical report will still have been generated by the ATOS "Medic", I think it is called an ESA85A. This report will have then been sent back to the DWP decision maker, who then makes a decision taking into account the recommendations made by ATOS.

    You can request this ESA85A from the DWP over the phone. As well as the reasons why your husband has been placed in the WRAG, it should also contain the expected length of the WRAG award before he is reassessed. You should have received written notice if your husband has been placed into the WRAG, this is a legal requirment as it includes your rights to appeal, which must be done within a month of receiving the letter.

    If your husband is to receive Contribution Based ESA in the WRAG, he will only receive this for 12 months, then it will cease. It sounds very much like he should be in the support group, so you should appeal, if he can get into the support group, there is no 12 month limit of payment of ESA, and payment will continue whilst he remains in the support group. You should try and gain advice on this from the CAB or DIAL etc.

  7. #7
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    Thanks for your replies. It does sound as though there has been a mix up somewhere along the line. I will have more time tomorrow to spend waiting on the phone until I can try to decipher what has gone wrong. My husband said yesterday that they were probably chancing their arm as it were just to see if he will go along with it.

    Vikstar....would it not be Atos who I would ring for the medical report? We have had absolutely nothing in writing except for the letter to say he was not required to attend the medical. The only way we know about the WRAG is the phonecall received.

  8. #8
    vikstar
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    Quote Originally Posted by Titch View Post
    Thanks for your replies. It does sound as though there has been a mix up somewhere along the line. I will have more time tomorrow to spend waiting on the phone until I can try to decipher what has gone wrong. My husband said yesterday that they were probably chancing their arm as it were just to see if he will go along with it.

    Vikstar....would it not be Atos who I would ring for the medical report? We have had absolutely nothing in writing except for the letter to say he was not required to attend the medical. The only way we know about the WRAG is the phonecall received.
    That depends, if the ESA Works Capability Assessment is still ongoing,(No ESA Award made yet) as ATOS have to deal with the medical side of it, they may still have your husband's file.

    If a decision has been made by the DWP DM, and your husband has been placed in The WRAG, (which looks like might be the case, as he has been requested to attend WFI) then the DWP must have his file, which would have been returned to the DWP by ATOS after an ESA85A had been generated.
    Last edited by vikstar; 18-10-12 at 17:45.

  9. #9
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    Good morning

    Have just spoken to an Esa call centre. They seem to know as much as me. Not a lot. Anyway it looks as though hubby has been put into a work related group. The lady said she will arrange for written confirmation to be sent along with a copy of the medical report the DM used to come to his decision...should be interesting. She will also arrange for my husbands private medical evidence to be returned. So until we get these letters we are on hold. I will of course let you know what happens next.

    Thanks again.

  10. #10
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    I think that there are a couple of issues where someone claims they are to unwell to attend an ATOS examination.
    A GP's fax stating someone is not well enough is not taken as definitive proof of their ability to attend.
    There are people who say they are unable to attend because they don't want to be examined or think it will "help" their case by stating they are to unwell.
    If people send in letters showing they have attended hospital or specialists appointments the DWP take the view that if you can attend those appointments you could attend theirs.
    My point being that saying you can't attend and even having your GPs backing does not mean that ATOS or the DWP will automatically accept it and indeed, ATOS may inform the DWP that you have refused to attend without (in their eyes) valid justification.
    ATOS and the DWP are looking for reasons to reduce claims, if there is any doubts or uncertainty in a claim they will only use that to their advantage. The DWP DM's base their decision on the information thay have, if there is no ESA85 then they will say that is going to count against you.
    Finally, you should have been offered a home visit as they are obligated to offer it.

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