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appealing decision - now being called for medical

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11 years 2 months ago - 11 years 2 months ago #97804 by boadicea
The ESA50 was July. Their decision came in September, and my appeal sent in October.

And now the medical!

Thanks for your suggestion that i get in touch with them. I wasn't sure how common it was to be called for a medical when you appeal a decision which was made without a medical.

Thank you
Last edit: 11 years 2 months ago by bro58.

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  • bro58
11 years 2 months ago - 11 years 2 months ago #97805 by bro58

boadicea wrote: The ESA50 was July. Their decision came in September, and my appeal sent in October.

And now the medical!

Thanks for your suggestion that i get in touch with them. I wasn't sure how common it was to be called for a medical when you appeal a decision which was made without a medical.

Thank you


Hi b,

We don't hear of it that often on the forum, and it "may" be that The DM has instigated the face to face to obtain further evidence in the reconsideration.

I concur with Gordon, in that you need to find out what has triggered this letter from ATOS. Further, you need confirmation that the DWP have received your GL24, and that the recon/appeal is being processed.

This may give you some insight into what to expect at a face to face :

ESA Medical – What to expect

You will also find the WCA Handbook referred to in the above FAQ helpful.

Please return to this topic to give us an update. :)

Good luck.

bro58
Last edit: 11 years 2 months ago by bro58.

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11 years 2 months ago #97808 by Gordon
boadicea

Just to add, you need to know why this assessment has been requested.

If it is in connection with your appeal then it should concern itself with your condition as it was at the time of the Decision you appealed, although this may not be practical.

If it is due to a re-assessment, then you should have been given the opportunity to complete an ESA50, amd you should make it clear to the DWP (in writing) that you have not recieved one.

Gordon

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

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11 years 2 months ago - 11 years 2 months ago #97810 by boadicea
Update – I have telephoned DWP (the Jobcentreplus dealing with my claim and appeal).

I asked why I had received a letter from Atos calling me for a medical. I was told that it is usual for medicals to be carried out regularly and that you can be called at any time.

I asked whether they had received my appeal and whether the medical related to my appeal. I was told yes, they have received my appeal and yes, the medical does relate to the reconsideration of my appeal. He suggested that Atos have decided to call me for the medical – he mentioned that something had been sent from DWP to Atos in December, but he was unable to tell me what.

I said, if the medical relates to my appeal, please could they confirm that the healthcare professional carrying out the medical will be aware of my appeal, and that they will only concern themselves with my condition at the time of the decision I am appealing. I was told that he couldn’t answer whether or not they will be aware of the appeal, as he doesn’t know what has been sent to Atos or why they want the medical. He went on to say that they will look at my condition at the time of the appeal and also at my condition now as well.

I said, if they are looking at my condition now, should I have been sent another ESA50 form to complete. I was told that no, there was no need for another ESA50 form. He again said that the medical could look at my condition now, even though it relates to my appeal.

I asked why I had not received an acknowledgment to my appeal. I was told that the computer does not say whether one was sent or not, so he could not comment. I said that I have not received one, and was told that one may still have been sent but the computer does not say.

End of conversation.

I’m now wondering:

Why do Atos seem to be involved in the reconsideration regarding my appeal? I thought DWP did the reconsideration.

I assume that Atos must have seen my ESA50 form when I sent it last July, that they decided not to call me for a medical at that point, and that DWP made their decision based on evidence from Atos. I wrote in October, when I sent in my appeal, asking for copies of all evidence used by the decision maker in reaching the decision, including ESA85A etc, but I have not had the opportunity to see any of that evidence. I feel as though DWP are already holding all the cards here, as I have not received any information, and my appeal is not progressing, as they have now decided to get more evidence by calling me for a medical - 18 weeks after the decision date. Are they allowed to do that?

At the medical tomorrow, are they legally allowed to look at how my condition is now, without having obtained a new ESA50 form? I assume they will be working from the form I completed last July. In theory, it doesn’t make much difference – I’ve been ill and unable to work for 24 years, so 18 weeks hasn’t made much difference. But I’d really like to be clear on my legal position, as all of this isn’t feeling especially honest and open. If they insist, at tomorrow’s medical, to consider my condition now, I assume I have no choice but to go along with that. And object in writing afterwards – though I guess that may just prompt another ESA50 to be sent to me.

I’m doing my best to be positive, optimistic and give them the benefit of the doubt – but I’m struggling. And I remain confused and bewildered!
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago - 11 years 2 months ago #97816 by Gordon
boadicea

Unfortunately, the call centre staff are ill equiped to respond to the type of questions that you are asking.

ATOS will only be providing an assessment report to the DWP based on the interview, although they will be making a recommendation as to placement. I agree it will difficult for them to assess you as you were last year, I often can not remember what i have gone to the kitchen for, I certainly can not remember how my health was six months ago except in generalities. I also doubt that the ATOS "doctor" doing your assessment will be in a position to produce a report on anything else other than your current condition as the software package they use to manage the interview is not setup to do this.

I note that you have not received any of the information you requested under a SAR, these should be responded to within 40 calendar days, at the very least you should have received an explanation of why you have had no response. You can make a complaint to the Information Commissioner, but should contact the DWP first to find out why they have not responded.

Best of luck for tomorrow.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago - 11 years 2 months ago #97861 by boadicea
Many thanks to you, Gordon and bro58, for you help. Much appreciated.

I'll let you know how it all turns out, just in case it helps anyone else in the future.
Last edit: 11 years 2 months ago by bro58.

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