IB to ESA Migration - The Saga Part 2

Sorry Gordon, if my last post yesterday seemed somewhat misleading, but I appreciate your prompt reply and advice. Part 2 is a continuation of the Saga…..of the hoops my wife and I have had to jump through to get an appointment for a WCA. Here is a continuation of the Saga from part 1.

November 2011, wife awarded DLA, high rate care and high rate mobility. Wife books a much needed holiday for us both for end of June 2012. In December 2011 I am awarded underlying entitlement to Carers Allowance for my wife.

February 2012 and March 2012 comes and goes. Wife starts doing some IT research, including Law relating to IB/ESA migration (she studied Law 15 years ago at Uni has her degree). No correspondence or phone call from ATOS/JC+/DWP. Now both my wife and myself just want this Saga to end, wife getting worse due to all the stress, uncertainty and getting the run around. Her clinical depression and symptoms becoming worse.

I phone ATOS yet again and ask if an appointment date for the WCA has been set. ATOS confirms an appointment for 16 April. Only 2 weeks notice given. ATOS person says he’s seen my ESA50, lets it slip out that I hadn’t scored any points, then quickly corrects himself (me thinks has a pre-determination already been made?). Put in SAR to GP (who’s been great and very sympathetic) and to hospital that operated on my legs and saw me for my Liver Failure (who I still see on an Outpatients basis). I forgot completely that I needed a taxi to get me to Assessment Centre, with 1 week to go before the WCA, phones ATOS back.

ATOS says that they need a letter from me confirming my request for a taxi and from my GP confirming I needed a taxi to get to the Assessment Centre, but they said that by the time they would receive the letters it would be too late for them to book a taxi for me, so did I want to cancel the appointment? I confirmed that I did. Was then given another telephone number to ring to rearrange another appointment. Rang the other number. Uncaring, unsympathetic young man changed appointment, after I explained what happened and warned me that I was only able to change the appointment once, any further attempt to change this appointment that he set, would result in a withdrawal of benefits. Appointment number 2 now set to 2 May 2012.

During all this time, being reading through all the B&W Guides (which are absolutely excellent) and went to CAB to discuss what other benefit options are open to me now and what options are open to me if I was to fail the WCA. CAB listened and said there was nothing they could do or advice they could give until I had had the WCA (I will not be going to CAB again).

Appointment no 2 set. I find out I could have the WCA recorded by ATOS. I ring ATOS again requesting that the WCA be recorded. The Co-ordinator for the recording equipment tells me that there is only 1 recorder for the whole of the County and that it would not be possible to have it at my WCA for the date and time of the appointment. He told me he would cancel my appointment and ATOS would allocate a new one. I told him of the warning that I’d received about not arranging another appointment, he told me not to worry, as this was ATOS’s fault, and that he would contact Appointments for another date to be set, when the recording equipment would be available and that ATOS would send me a letter confirming the new appointment time. I wait 2 weeks, then 3, …….still no new appointment time.

I telephone ATOS again. I explain the situation. Young man tells me that it says on the computer system that I hadn’t turned up for the WCA on 2 May. True, I said, the date was cancelled by ATOS, as recording equipment was not available for that time and date and I was told that new appointment was going to be made. Young man puts me on hold whilst he investigates (referring to a Team Leader I presume), he returns and says that I’ve already had one appointment rearranged and only one rearranged appointment is allowed. I explain the whole situation yet again. Young man puts me on hold again. He then comes back and tells me he can rearrange the appointment to 16 June, but as they do not use the taxi company any more, I would have to arrange for my own taxi to get me to the Assessment Centre and return and reclaim the money back, and that they do not pay for taxi waiting time. I will be taking my wife as companion, with my son as a back-up (in case my wife is too ill to attend).

So if I hadn’t of telephoned ATOS I would not have known that their computer records had not been updated and my benefit would have been stopped.

I’m not expecting a positive outcome and am already preparing an appeal, just in case. My specific questions are:

1. As ATOS HCPs are using computerised equipment, and maybe qualified in DAM, but not in IT software, hardware and computer operations, would my companion (who is qualified to use IT software, hardware and computer operations) be allowed to take and use her laptop during the WCA, so that she can determine that the HCP doing the WCA GMC accreditation has no restrictions on his/her licence to practice, whether he/she obtained her training in this country, an EEC country or from outside the EEC?

2. Would it be advisable to use my own covert video and recording equipment of the WCA, in case ATOS external and internal surveillance equipment is used (without my consent) to partly determine the outcome of my WCA.

3. What other benefit options are open to me and my wife that we could apply for. Could I apply for DLA or Income Support? Whilst awaiting decision of WCA? As we would prefer to have a continuation of benefit money whilst they are deciding, or whilst awaiting appeal if I do not get enough points for my WCA and not have to rely on my wife’s DLA, as she needs that for her dietary foods, extra utility and extra mobility costs, as she cannot use public transport.

4. Should I complain to my MP, or MEP, about the treatment I have received so far and enlist their help and support?

Once again thank you for your great Guides Gordon; and any help, advice and guidance from you or any other reader would be greatly appreciated.