Assessment Decision - Fit to Work

Have just been left reeling by a DWP call telling me that after re-assessment, I have been found fit to work. This is all despite completing a very full ESA50 form after using the b&w.co.uk advice guides.

In a previous thread I mentioned that my medical was "horrid" because the assessor said that he had no access to to ESA50 form, and I asked him to put my concerns about this on the record. I since found out that the form which I had sent by special delivery was delivered to ATOS one day before their deadline, but was processed by them as received one day afterthe deadline. They then returned my file to DWP as late.

After the medical [22/12] I called ATOS/DWP about this and they suggested that I write in to complain. I did so. ATOS acknwledged my complaint v.quickly and promised as reply within 20 working days. But meanwhile they seem to have compiled the medical report on which a decision has been made despite my complaint. Or am I wrong somewhere? Is the fact that the assessor did not have access to my ESA50 irrelevant? Others have told me that med. assessors don't normally have the ESA50 on file. But then, why did the ATOS assessor make a special point of showing me how threadbare his paper file on me was? And why did he agree to put on record my concerns? And why did ATOS tell me to write in?

Do I simply wait for the appeal forms and mention this situation at the medical & missing ESA50 as part of my appeal? I am really worried that having been found fit to work, it is unlikely that a tribunal will "jump" from that to a support group decision.

Is there any further advice anyone can suggest at this stage? I have already requested a copy of the medical report and statement of reasons.

Thanks & sorry for the long post!

A

Augustus wrote:

Have just been left reeling by a DWP call telling me that after re-assessment, I have been found fit to work. This is all despite completing a very full ESA50 form after using the b&w.co.uk advice guides.

In a previous thread I mentioned that my medical was "horrid" because the assessor said that he had no access to to ESA50 form, and I asked him to put my concerns about this on the record. I since found out that the form which I had sent by special delivery was delivered to ATOS one day before their deadline, but was processed by them as received one day afterthe deadline. They then returned my file to DWP as late.

After the medical [22/12] I called ATOS/DWP about this and they suggested that I write in to complain. I did so. ATOS acknwledged my complaint v.quickly and promised as reply within 20 working days. But meanwhile they seem to have compiled the medical report on which a decision has been made despite my complaint. Or am I wrong somewhere? Is the fact that the assessor did not have access to my ESA50 irrelevant? Others have told me that med. assessors don't normally have the ESA50 on file. But then, why did the ATOS assessor make a special point of showing me how threadbare his paper file on me was? And why did he agree to put on record my concerns? And why did ATOS tell me to write in?

Do I simply wait for the appeal forms and mention this situation at the medical & missing ESA50 as part of my appeal? I am really worried that having been found fit to work, it is unlikely that a tribunal will "jump" from that to a support group decision.

Is there any further advice anyone can suggest at this stage? I have already requested a copy of the medical report and statement of reasons.

Thanks & sorry for the long post!

A

Hi A,

So have you been found fit for work by the DWP DM, as a result of a "failure to return the ESA50 by deadline",

Or as a result of recommendations made by the ATOS HCP in your medical report?

With respect to guidance given to the ATOS HCP, with regards to reading documents (ESA50) at the medical, see :

3.1.2
Reading the Documents on page 37, of The WCA Handbook, accessible from here :

ESA Guides

bro58

Hi bro 58

Have read s 3.1.2 of WCA and, prima facie, there seems to have been an irregularity here because assessor made a point of showing how threadbare his file on me was, and that ESA50 was not to hand.

But I have ordered a med. report so I am assuming the decision has been based on the medical, albeit an irregular one as suggested. But I do not know 100%.

Do I wait for ATOS to respond to my complaint [they give themselves 20+ w.days] before putting in my appeal, or put it in when I get the forms ?.

Also, have been told that if i send in a doctors note with my appeal forms, I can still receive basic ESA rate until appeal is heard. But a doctor's note has a start and end date. What do I ask for in this instance, and will I be expected to ask for sick notes regularly until appeal is heard?

Many thanks

A