Atos home medical visits - B&W info so far

The question of Atos home medical visits is generating quite a disparate and confusing knowledge base - i've decided to bring it all together in one thread.
I've written it so it applies sequentially.
Any sentence in bold type requires clarification concerning the indicated question or issue. (8 in total)



1st opportunity to request a home medical visit:
1. if new applicant for ESA:
via the fit note tick box completed by your GP
and
via the 1st page of the ESA50

2. If migrating from existing benefit to ESA
via the 1st page of the ESA50

Q1. Atos may/can/do ignore any request for a home visit provided in the fit note and the ESA50 if they so choose?
B&W Forums warn it is better to indicate your request for a home visit anyway as it creates a record which may be used to your advantage during an appeal.

Average time after submitting ESA50 before receiving a notice for a pre arranged medical from Atos is reported to be 5 weeks.


2nd opportunity to request a home medical visit:
Many members report failing to request a home medical visit on their ESA50.
Those migrating into ESA from another benefit do not have to submit a fit note which can by-pass this method of requesting a home medical visit for this group.

Q2. What happens when Atos contact you to give you notice of a pre-arranged medical?
Do they contact you by phone, if so how many times? Do you have to take this call?

Forums state Atos can phone 8am-8pm Mon - Fri and Sat 9am-5pm

Q3. Must they put the request to attend a medical in writing anyway?
If So:
Can i phone Atos to suggest i need a home Visit at this stage ?
Can i write to Atos to suggest i need a home visit at this stage ?
Must they reply - if so via what method?

B&W Forums warns:
1. Whatever the method by which Atos contact you to arrange the pre-arranged medical date, they only need give as little as 7 days notice.
2. If you fail to attend a pre-arranged medical you will be denied ESA and will have to retort to the appeals process.
3. Failure to attend a pre arranged medical constituting refusal to grant ESA is determined by the DWP and not Atos.

Q4. At what stage does the dwp come to a decision that a failure to attend a medical was reasonable ? Is it current to the time of failure to attend or as part of an appeal that follows ?

B&W Forum reports that members have:
1. Received a notice to attend a medical over widely varying timescales.
2. Have phoned to re-arrange or request a home visit instead of the indicated date.
3. Have cancelled due to a sudden increase in illness.
4. Have successfully arranged for a home visit during the period Atos make contact concerning attending a pre- arranged medical by contacting Atos Customer Services as well as by soliciting the support of a GP via a sick note and submitting copies to both the dwp and Atos.
5. Have reported being unsuccessfull in arranging a home visit despite contacting Atos customer services or soliciting the support of a GP and submitting sick notes.
6. B&W also sugest solicitng the intervetion of your local MP at this stage to support the case of a home visit. No successful outcome reported by members.
7. B&W also suggest soliciting supporting letters from your own HCPs supporting a home visit at this stage. Mixed outcome reported by members.

Q5. What is not clear is how much time one has to negotiate a home visit during this period?

Concerning timescale, members also report :
1. Cases of single or multiple cancelations of pre arranged medicals by Atos which also raise questions about the timescale that exists to push for a home visit during this period.
2. Pre arranged medicals being by-passed altogether when taking the opportunity to request or being persistant about receiving a home visit during this period.

Q6. With regards cancellation of medicals - forums mention "agreeing to take a cancellation at short notice" - however it is not clear if this is where Atos cancels or if this can be made where the client cancels at short notice as well. No information is provided about procedure and rights concerning 'canceling at short notice'.


Options for querying being turned down for ESA on grounds of failure to attend pre-arranged medical as part of an appeal.
B&W make reference to:
1. The wording which has been ignored in the orginal ESA50 or a supportive fit note submitted where both suggest a home visit is required.
2. “failure to make a reasonable adjustment” and in addition to this there is a new section under the Equality Act 2010
3. “Discrimination arising from disability” which once established equates to unlawful “Direct Discrimination”.
Q7. Do both of the latter require legal action taken in a court, rather than as part of the ESA appeals process ?

Q8. Also mentioned is something called :
“Unlawful discrimination in relation to services” No further info provided for this.

If successful with arranging a home visit they can last between 20 minutes and 2 hours depending on circumstance. The visiting Atos HCP does not usually use the Lima software but hand writes all notes.

Forums warn about the assumptions an Atos HCP may make when observing you and your home environment.

Fin.

oh sorry - ill re-read rules - i guess i need to ask those 8 questions separately in a new post ?

twzz

nicholson wrote:

The question of Atos home medical visits is generating quite a disparate and confusing knowledge base - i've decided to bring it all together in one thread.
I've written it so it applies sequentially.
Any sentence in bold type requires clarification concerning the indicated question or issue. (8 in total)



1st opportunity to request a home medical visit:
1. if new applicant for ESA:
via the fit note tick box completed by your GP
and
via the 1st page of the ESA50

2. If migrating from existing benefit to ESA
via the 1st page of the ESA50

Q1. Atos may/can/do ignore any request for a home visit provided in the fit note and the ESA50 if they so choose?
B&W Forums warn it is better to indicate your request for a home visit anyway as it creates a record which may be used to your advantage during an appeal.

Average time after submitting ESA50 before receiving a notice for a pre arranged medical from Atos is reported to be 5 weeks.


2nd opportunity to request a home medical visit:
Many members report failing to request a home medical visit on their ESA50.
Those migrating into ESA from another benefit do not have to submit a fit note which can by-pass this method of requesting a home medical visit for this group.

Q2. What happens when Atos contact you to give you notice of a pre-arranged medical?
Do they contact you by phone, if so how many times? Do you have to take this call?

Forums state Atos can phone 8am-8pm Mon - Fri and Sat 9am-5pm

Q3. Must they put the request to attend a medical in writing anyway?
If So:
Can i phone Atos to suggest i need a home Visit at this stage ?
Can i write to Atos to suggest i need a home visit at this stage ?
Must they reply - if so via what method?

B&W Forums warns:
1. Whatever the method by which Atos contact you to arrange the pre-arranged medical date, they only need give as little as 7 days notice.
2. If you fail to attend a pre-arranged medical you will be denied ESA and will have to retort to the appeals process.
3. Failure to attend a pre arranged medical constituting refusal to grant ESA is determined by the DWP and not Atos.

Q4. At what stage does the dwp come to a decision that a failure to attend a medical was reasonable ? Is it current to the time of failure to attend or as part of an appeal that follows ?

B&W Forum reports that members have:
1. Received a notice to attend a medical over widely varying timescales.
2. Have phoned to re-arrange or request a home visit instead of the indicated date.
3. Have cancelled due to a sudden increase in illness.
4. Have successfully arranged for a home visit during the period Atos make contact concerning attending a pre- arranged medical by contacting Atos Customer Services as well as by soliciting the support of a GP via a sick note and submitting copies to both the dwp and Atos.
5. Have reported being unsuccessfull in arranging a home visit despite contacting Atos customer services or soliciting the support of a GP and submitting sick notes.
6. B&W also sugest solicitng the intervetion of your local MP at this stage to support the case of a home visit. No successful outcome reported by members.
7. B&W also suggest soliciting supporting letters from your own HCPs supporting a home visit at this stage. Mixed outcome reported by members.

Q5. What is not clear is how much time one has to negotiate a home visit during this period?

Concerning timescale, members also report :
1. Cases of single or multiple cancelations of pre arranged medicals by Atos which also raise questions about the timescale that exists to push for a home visit during this period.
2. Pre arranged medicals being by-passed altogether when taking the opportunity to request or being persistant about receiving a home visit during this period.

Q6. With regards cancellation of medicals - forums mention "agreeing to take a cancellation at short notice" - however it is not clear if this is where Atos cancels or if this can be made where the client cancels at short notice as well. No information is provided about procedure and rights concerning 'canceling at short notice'.


Options for querying being turned down for ESA on grounds of failure to attend pre-arranged medical as part of an appeal.
B&W make reference to:
1. The wording which has been ignored in the orginal ESA50 or a supportive fit note submitted where both suggest a home visit is required.
2. “failure to make a reasonable adjustment” and in addition to this there is a new section under the Equality Act 2010
3. “Discrimination arising from disability” which once established equates to unlawful “Direct Discrimination”.
Q7. Do both of the latter require legal action taken in a court, rather than as part of the ESA appeals process ?

Q8. Also mentioned is something called :
“Unlawful discrimination in relation to services” No further info provided for this.

If successful with arranging a home visit they can last between 20 minutes and 2 hours depending on circumstance. The visiting Atos HCP does not usually use the Lima software but hand writes all notes.

Forums warn about the assumptions an Atos HCP may make when observing you and your home environment.

Fin.

Hi N,

As it is quiet on the forum at this time I will endeavour to answer your questions.

In future can you post single general questions.

Q1. ATOS do not have to grant a "Home Assessment" they may ask your G.P. to fill in an ESA113 form, see question 6 on form with respect to being able to travel to a medical :

www.dwp.gov.uk/docs/esa113-interactive.pdf

It may be best to discuss this with your G.P. at the earliest opportunity.

Q2. They will contact you by phone, if they think that you should have a face to face assessment.

You do not have to answer any phonecalls from ATOS or the DWP, the whole WCA process can be done by written correspondence.

You could make note in your ESA50 that you do not want any phone contact, and you do not have to provide your phone number.

If you do not answer ATOS's phone call, they will send written confirmation of your appointment, minimum of 7 days notice should be given.

See information on the ATOS website here :

www.atoshealthcare.com/index.php?option=...iew&id=62&Itemid=417

Q3. See answer to Q2.

You should make your request for a "Home Medical" at the earliest stage possible, e.g. in your ESA50.

Q4. Current DWP guidelines say that a medical can be rearranged once, however we have discussed the legality of this on the forum.

It is up to the DWP DM to decide whether the claimant had good cause for non-attendance, not ATOS.

Q5. A claimant should try and secure a "Home Medical" as early as possible in the ESA WCA process, if they feel that their limitations merit one.

Q6. The cancellation is with respect to where another claimant's assessment has been cancelled, therefore creating a "slot". ATOS could then request that you take this "slot", they can not force you if less than 7 days away. The likelyhood of this scenario is diminished if you refuse phone contact.

Q7. Any action taken by a claimant under EA2010, DDA, would need to be taken through the courts:

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

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

Q8. As ATOS and the DWP are both "Service Providers" they both fall under the relevant regulations of EA2010 and DDA.

bro58

DITTO Gordon.

Only because it's quiet though.

bro58