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Atos and Medical Attendence

  • angelm
  • Topic Author
11 years 10 months ago #86907 by angelm
Atos and Medical Attendence was created by angelm
:unsure:
Due to another podiatrist appointment, (I am recently diagnosed as diabetic)I requested my medical date be changed from 23rd May.
At the same time requested that the new one be recorded and followed this up by letter as suggested on this site.
The new date was 30th May.
Then Atos Appointment sent a reschedule for 12th June.
My support Worker, that I need to attend with me (included on ESA50)is on Annual Leave.
We tried yesterday to change this with me giving my permission for her to discuss the details.

She was told that I am only allowed to change this once and I had already done that. It was suggested that I wait until the new date,not attend then explain why I didn't!
I am concerned that sanctions would be put in place to reduce or cut my benefit payments.
Is Atos allowed to do this.
I also note the new information regards Disability Discrimination, which is a route I may have to go, but am sure others on here may not have that option.
Many thanks for any general advice given, I understand answers not made regards an individual case, thank you.

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11 years 10 months ago #86910 by Gordon
Replied by Gordon on topic Re:Atos and Medical Attendence
Angel

The standard procedure operated by the DWP and ATOS is too allow a claimant to re-arrange their medical once, after this, if the claimant fails to attend the second appointment, your file will be returned to the DWP and you will be classed as failing to attend.

Failing to attend the medical can lead to your claim being closed, and whilst this is an appealable Decision, it can take many months to resolve during which time you will not be eligible for any ESA payments, so I really recommend that you do not go down this route.

Is there anybody else who can attend with you?

I think using the Disability Discrimination legislation is unlikely to yield any results, as the DWP will argue that the process is by definition, is designed to make reasonable adjustments for the disabled.

Gordon

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

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  • angelm
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #86911 by angelm
Replied by angelm on topic Re:Atos and Medical Attendence
I live on my own, and with my depression she is the only person that knows my position and I trust.Last year when I went for first medical under the transfer changes, [phrase removed] I was awarded NIL points which my GP could not understand and provided a supporting letter stating in her opinion not fit to work.
Then went through appeal process 5months later and won.
This is it all starting again.
Can we pre-empt Atos by contacting DWP and explain, my benefits like many on here are all the income I have.
Have also sent the details via your link on here to my MSP.
Last edit: 11 years 10 months ago by Gordon.

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  • angelm
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #86912 by angelm
Replied by angelm on topic Re:Atos and Medical Attendence
I also forgot to mention that the date 30th May, my worker had hae clients moved to different times so she could attend, it was Atos who moved the goal posts!
Last edit: 11 years 10 months ago by slugsta.

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11 years 10 months ago #86914 by Gordon
Replied by Gordon on topic Re:Atos and Medical Attendence
Angel

I afraid that there is no way that you can "pre-empt ATOS", as the DWP have determined that you need to attend a medical, and will not re-visit your claim until this has happened.

Having re-read your original post I still cannot see a way around the situation with your medical, you state that you cancelled the medical scheduled for 23/05, so ATOS are entitled to require you to attend the new one on 12/06 or return your file to the DWP.

In addition to your MSP, you should have an MP, it be worth you contacting them as well to see if they can help move this appointment.

Gordon

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

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