grounds for refusing interview/medical

Hi Peeps new here

Am about to embark on claiming ESA
Have done some homework, but would like answers to the folloing:

1. Under the contractual agreement between the DWP and ATOS, interviews/medicals are not suppose to be delayed beyound 10 minutes of stated start time:
Im im told there is a delay of say 40 mins, can I then refuse this and ask them to make a new appointment?

2. If I have prevously asked for them to provide a suitable chair, ie with arms, and they do not provide this at interview, can I again request a new appointment?

3. What is the legal maximum height for an eximination couch, ie maxinum you can be expected to clamber up on, or what are the H&S requirements.

From doing a little homework, the starndard height for a fixed couch is 29 to 31 inches, so if somewhat above this I intend to refuse
If stated there are steps, I beleve that to be against H&E as there will be no handrail provided.
If its a mechanical couch and they say it cant be lowered beacuse its broken, then I will refuse again until such time as they can show the H&S book (dated) which now shows it is now working

[Mod edit - text deleted] will fight all the way

Many thanks - hoping its yes to all 3

Not too sure if you will be doing yourself many favours there,im quite sure if you are delayed for long you could insist on making another appointment,similarly with the chair not being to your expectations but with many people waiting months for such appointments to get esa what would be the point as it will only delay your possibly being put in the support group?

fstroll wrote:

Hi Peeps new here

Am about to embark on claiming ESA
Have done some homework, but would like answers to the folloing:

1. Under the contractual agreement between the DWP and ATOS, interviews/medicals are not suppose to be delayed beyound 10 minutes of stated start time:
Im im told there is a delay of say 40 mins, can I then refuse this and ask them to make a new appointment?

2. If I have prevously asked for them to provide a suitable chair, ie with arms, and they do not provide this at interview, can I again request a new appointment?

3. What is the legal maximum height for an eximination couch, ie maxinum you can be expected to clamber up on, or what are the H&S requirements.

From doing a little homework, the starndard height for a fixed couch is 29 to 31 inches, so if somewhat above this I intend to refuse
If stated there are steps, I beleve that to be against H&E as there will be no handrail provided.
If its a mechanical couch and they say it cant be lowered beacuse its broken, then I will refuse again until such time as they can show the H&S book (dated) which now shows it is now working

[Mod edit - text deleted] will fight all the way

Many thanks - hoping its yes to all 3

Hi fst,

With respect to Q1, can you confirm the source of your information regarding the 10 minute delay?

Q2.

Formal requests for "Reasonable Adjustment" due to your limitations or disabilities under DDA EA2010 ( see links below) could be made in writing when submitting your ESA50.

20, 21, 22. of :

www.legislation.gov.uk/ukpga/2010/15/contents/enacted

And

www.direct.gov.uk/en/DisabledPeople/Righ...ityRights/DG_4001068

Q3. I am not aware of the H&S guidelines that you mention.

As you are new to the Forum, you may like to read this :

Welcome to Benefits and Work

It may also be helpful to read our FAQ's HERE :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=70444#70444

You can access our ESA Claim Guides, HERE :

www.benefitsandwork.co.uk/help-for-claimants/esa

The WCA Handbook on the same page is a useful read also.

See information given to claimants by ATOS on their website, HERE :

www.atoshealthcare.com/index.php?option=...ion&id=14&Itemid=288

bro58

Ta Bro58

As mentioned
Have done some homework, something I do rather well
re: 10 min delay, not sure of the link, but it WAS sourced from the DWP prob from one of their handsbooks
I also have amounsts many documents a copy of their LiMA training manual, and as an ex IT bod, including IT Training found it very usefull, will be using screenshots to take to any assessemt/medical and marking the descripters as I answer to compare with their finnished report, would love to get hold of the software - ps, from what Ive seen of the PC training manual in MY OPINION you do not need to be medicaly qualified to use it, I could train someone in 10 minutes

Re: seating, yes I know the request, but will also be writing & phoning directly to the centre beforehand to comfirm, as well as a request for the HPC/nurses GMC or PIN number

Re 3 Not sure on Regs for this, still loooking

as you may have gathered, I dont intend to be messed, forewarned is forarmed
Have all the letters I need already drafted and ready to go !

Cheers

Hi fstroll

I can't comment without seeing the source, but you have to bear in mind that if Atos is in breach of their contract, their contract is with the DWP - not the claimant!

I doubt that the ten minute target would be expected to be achieved with every single assessment as this clearly would be impossible for any organization.

Good luck

Derek

Hi Derek
below is the info copied and pasted here, bit old, may be possible to get update under FOI request: As far as Im concerned, any significant delay is unreasonable.


Breach of the Contract - Common Business Requirements Schedule 4 Section 4.1 Part 1 Final Version - 15 March 2005

5.7 The CONTRACTOR shall use reasonable endeavour to ensure that examinations commence within ten (10) minutes, of their scheduled time, when Claimants arrive in time for their appointment.

ps, have assessed myself using their descriptors as having 27 points, we shall see just how much they try and downgrade !!

Cheers