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My IB to ESA medical help please
- mikmikmik
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11 years 4 weeks ago - 11 years 4 weeks ago #101689 by mikmikmik
My IB to ESA medical help please was created by mikmikmik
Hi I wonder if anyone could share their thoughts over my particular situation.
I filled in my form for migration to esa, in June 2011 (ie nearly 2 years ago). It was agreed that I would be seen at home due to mobility difficulties, and by a doctor, because my condition is partly neurological. As atos doctors (I presume for financial reasons) are quite thin on the ground, to cut a long story short, I still haven't had my medical. In that time they offered me one appointment that I had to cancel because my carer was unavailable.
They have now sent me a new appointment, and from the day I received it, I only have 5 days notice to the appointment. The problem is I can't arrange in that time, someone who can help me, or be at home when the doctor comes. To make it worse they have given a 3 and a half hour window of when the doctor will arrive. Also I thought they had to give 7 days notice at least?
I was looking at my esa form, and it asks when in the next 3 months you will be unavailable. The thing is because it has taken so long, clearly that information is old, but I haven't been able to specify any more up to date times when I wouldn't be available. I understand i'm only allowed one change of appointment, but I really want someone to be with me for my examination. Before I contacted atos, I wanted to check up on my facts, and what people thought.
The other aspect to this is that my evidence submitted with my esa50 from medical professionals is now very out of date. in reality i'm worried this might not have the clout it would have had, as it is so old.
Any comments/ suggestions would be most appreciated. Thanks
I filled in my form for migration to esa, in June 2011 (ie nearly 2 years ago). It was agreed that I would be seen at home due to mobility difficulties, and by a doctor, because my condition is partly neurological. As atos doctors (I presume for financial reasons) are quite thin on the ground, to cut a long story short, I still haven't had my medical. In that time they offered me one appointment that I had to cancel because my carer was unavailable.
They have now sent me a new appointment, and from the day I received it, I only have 5 days notice to the appointment. The problem is I can't arrange in that time, someone who can help me, or be at home when the doctor comes. To make it worse they have given a 3 and a half hour window of when the doctor will arrive. Also I thought they had to give 7 days notice at least?
I was looking at my esa form, and it asks when in the next 3 months you will be unavailable. The thing is because it has taken so long, clearly that information is old, but I haven't been able to specify any more up to date times when I wouldn't be available. I understand i'm only allowed one change of appointment, but I really want someone to be with me for my examination. Before I contacted atos, I wanted to check up on my facts, and what people thought.
The other aspect to this is that my evidence submitted with my esa50 from medical professionals is now very out of date. in reality i'm worried this might not have the clout it would have had, as it is so old.
Any comments/ suggestions would be most appreciated. Thanks
Last edit: 11 years 4 weeks ago by Gordon.
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11 years 4 weeks ago - 11 years 4 weeks ago #101696 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic My IB to ESA medical help please
Mik
You are entitled to seven days written notice (ESA Regulations 2008 Reg. 23.3) unless you waive your right to this, it is taken from the date of the letter and they should allow two days for delivery, however, this latter part is not defined in the legislation, in effect giving you 9 days.
I would certainly take the position that you have not received sufficient notice, you can use Easter as a reason for this, but ultimately if they insist, only you can make the decision as to whether to go ahead with it or not.
You are entitled to one "no fault" change of the appointment, otherwise you risk having your file returned to the DWP.
I have to admit I have never heard of a delay of this magnitude so quite how ATOS and/or the DWP will handle a gap of 21 months between the ESA50 and the assessment is any bodies guess.
Gordon
You are entitled to seven days written notice (ESA Regulations 2008 Reg. 23.3) unless you waive your right to this, it is taken from the date of the letter and they should allow two days for delivery, however, this latter part is not defined in the legislation, in effect giving you 9 days.
I would certainly take the position that you have not received sufficient notice, you can use Easter as a reason for this, but ultimately if they insist, only you can make the decision as to whether to go ahead with it or not.
You are entitled to one "no fault" change of the appointment, otherwise you risk having your file returned to the DWP.
I have to admit I have never heard of a delay of this magnitude so quite how ATOS and/or the DWP will handle a gap of 21 months between the ESA50 and the assessment is any bodies guess.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 4 weeks ago by Gordon.
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