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"limbo" stage in re-application process?

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12 years 8 months ago #63953 by Arwen Matthews
"limbo" stage in re-application process? was created by Arwen Matthews
Hello there,

This is quite long-winded as I'm very confused and although I've been offered help locally if I have to go to appeal, everyone has said they can't do anything at this stage. So basically I am in limbo, at the mercy of the ATOS admin and "doctors" and my decision maker.

I HAVE left messages with two local advice centres today, but the level of knowledge around seems to differ so much i wanted to check on here. Thank you in advance for reading this:

I reapplied for DLA in January as my claim was to run out at the end of March. I had been on higher rate care and mobility, plus the IS top-ups (I never was on IB and have no intention of applying for ESA as the IS top-up was enough to live on).

( I have Ehlers-danlos Hypermoblilty Syndrome (complete with autonomic dysfunction, both vascular and gastric). Since making my past claim I caught a nasty virus whilst very run down and developed M.E. )

The DWP wrote to say they were asking my GP for information. There was a delay as my GP surgery did not give the doctor I'd spoken to the report request, they hung onto it for weeks before passing it to a guy I'd seen once (who was very apologetic once I went back to see him with my then carer and agreed to write to them again giving actual info about my disabilities). This meant the whole process was slowed down unfortunately.

This time around they asked me to have an ATOS medical. I asked if it was because of the doc's report but they said not, just that my case was complex and they needed more information (other than the 60-odd pages I had copied and sent to them so far). They also said it wasn't to do with the reforms when I asked, just due to the decision maker.

Now, the first time I got a letter from ATOS, they had given me an appointment at their medical centre at 9am. I called them to explain that I can't attend appointments prior to mid-day as I am too groggy and pass out a lot- and that I'd need time to arrange that some one could bring me there as I can't travel safely alone and I don't have anyone around more than sporadically. They said I should have told them that before (it was in my application!) and that i'd need an afternoon home visit but they couldn't give me an appointment as they didn't have any.

Since then I have had a guy turn up and state he was from the DWP, not ATOS, when I was at a hospital appt: and the DWP had just been told they had no appointments too (scaring the hell out of a mate who'd come to sort some of my mess of paperwork). ATOS later confirmed to me on the phone he was from them and I had to repeat I'd never received an appt letter or would have been there. They also stated that they'd called me repeatedly (which would account for two missed "no number" calls-so I'd no idea who had called me, and they didn't ring long enough for me to be able to pick up).

I sent in another three lots of evidence re my condition but the DWP still thought I needed an assessment. Then assessment was rebooked but the silly idiots at ATOS booked me into their centre, again. I told the DWP they had done that, but I'd still get help and go there because I was too scared of this dragging out to cancel it. Got taken there with help of two people only for them to be told it had been cancelled and I had to go home. Details of the to folk who took me there were taken at the desk so they could be contacted as well as me in case of post going missing (and my worsened health due to stress making me unable to deal with this all further) and they would also be phoned 24 hrs before the medical to make sure it was all ok. Again, when they asked, ATOS said it would be four to seven weeks until they could give me a home visit appt.

Ten days after this (while I was at my aunt's being looked after for a break - one of the two people who's details were taken at the last debacle) I had a call from another friend who had just been to feed my cats. He had found a man banging on the door who had demanded to know who he was and where I was/what I was doing. He said he didn't know if I was in (I can't always get to the door hence him popping to see if all was ok) and I might be with family still for respite. The ATOS "doctor" followed my friend (who has a learning disability and was really concerned/upset) into my home without permission when he entered, walked into the hall and started going through my post. When he found a letter (which must have arrived three days after my bungled assessment and just as i'd left to stay with my aunt, so wasn't opened) from their offices he started waving it in my firend's face and "having a go at him" and finally leaving my home.

I called the DWP the next day and they were pretty shocked. They sent a transcript of my call to ATOS as a complaint from me, which I signed and sent back.

Now- they requested a medical AGAIN and I got a letter through today saying it would be on the 12th. Nobody I know is around to be with me then and the name of the "doctor" is the same as that of the one who I just sent off the complaint about. I really don't know what to do for the best and have tried searching for help on here, but to no avail.

Is this really a point in time/in the process where nobody can help me or advise me? Do I just go through with it alone and do I find out if this is the same doctor who confused two of the people who sporadically help me out? I'm getting more confused at every turn.

Cheers, Arwen.

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12 years 8 months ago #63955 by Gordon
Replied by Gordon on topic Re:"limbo" stage in re-application process?
Arwen

First a request, please try not to post such lengthy content as it very difficult to follow.

There seem to be two issues here, although dealing with the first, might resolve the second.

The first is that the "doctor" due to examine you is the one that you have made a complaint against. I believe it reasonable, in these circumstances, for you to request another doctor attend on the basis that you might not get a fair report as a result.

If you are lucky, there will be no alternate available, and the appointment will have to be moved, hopefully allowing you to have a companion available.

However, if another doctor is available, whilst it would still be possible for you to request the appointment be moved, unless you have previously stipulated that a companion must be present (and this might require confirmation from your GP), I do not believe that ATOS are obliged to comply.

Let us know how you get on.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 8 months ago #63958 by Towser
Replied by Towser on topic Re:"limbo" stage in re-application process?
You could email your MP to write on your behalf or to take up your case with the social security minister.
Details can be found on www.findyourmp.parliament.uk.
In my area this has worked and I found the DWP acted quickly and correctly when MP's get involved.
Very good luck and best wishes

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12 years 8 months ago #63962 by billkruse
Replied by billkruse on topic Re:"limbo" stage in re-application process?
Bad url, it's findyourmp.parliament.uk/

BB

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