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Re: Cancelled ESA medical after arrival

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12 years 8 months ago - 12 years 8 months ago #86595 by Lemmy
Please help:
Today I went to attend my scheduled ESA medical. I was told by the receptionist that because I had T.I.A's, the nurse was not happy to assess me. This was not stated on my present Assessment Form, and (briefly) I discovered they were using advice from a previous old claim. They had obviously not read my forms properly, for one I have complex spinal problems and mental health problems, and secondly I don't feel a nurse should be doing my assessment anyway.

For a number of reasons, I could not be given a new date today and their I.T system won't allow bookings over 3 weeks in advance. The receptionist was also very unprofessional.

I now have to wait for a new medical after 18th June, but I am terrified because I know they are using old, irrelevant information. Should I inform someone prior to a new medical that this has happened? I also want to know if it would be detrimental towards my new claim to complain. I have complained to my local M.P today.

Would be very grateful as to what I should do next.
Last edit: 12 years 8 months ago by Gordon.

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12 years 8 months ago #86598 by Gordon
Replied by Gordon on topic Re: Cancelled ESA medical after arrival
Lemmy

You are entitled to make a complaint to ATOS with regard the cancelled appointment which from your post could have been avoided. Doing so should have no impact on your claim.

With regard the possibility that "old" information may be used in your assessment. At this point you are really not in a position to voice concerns over this as no Decision has been made on your claim, which would be the normal point to challenge any such information.

Nor can you be sure that this information would even have been used by ATOS, with the possible exception of reviewing your medical history, at the medical.

i can understand your concerns regarding this matter, but I am afraid until you have proof of use, there is really no opportunity for you to contest this.

Gordon

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

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12 years 8 months ago #86885 by Lemmy
Replied by Lemmy on topic Re: Cancelled ESA medical after arrival
Hi Gordon
I posted a reply last night, but I think I made a mistake or it was lost.

Thank you for last Friday's reply. I am very worried because I saw, twice, at my 'failed' medical appointment, evidence that ATOS are using old evidence. I saw it in my file, on top of my new ESA claim form, with my new evidence underneath! The fact that my "T.I.A's" were mentioned to me, when they were never mentioned on my new claim, only seems to confirm the old evidence's usage.

My form had obviously never been read properly by ATOS, as the nurse refused to see me, and I have been referred onto a doctor( which I asked for that day anyway). I also forgot to put on the form that I was medically retired by the NHS years ago. Should I call the DWP with my concerns? I feel that my form should be re-read by the DWP in the first instance at least.

I am very new to this. Please forgive me if I am repeating myself or making mistakes. I really appreciate your help.

I am very confused over whether there are any exceptions to having a medical for ESA anyway.
My MP has been in contact with my particular medical assessment centre, so I 've probably set myself up to fail anyway. Very stressed.
Many Thanks
Lemmy

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12 years 8 months ago - 12 years 8 months ago #86889 by Gordon
Replied by Gordon on topic Re: Cancelled ESA medical after arrival
Lemmy

With regard the use of the evidence you mention, please see my reply earlier in the thread.

Whilst not all claimants will be required to have a medical, once ot has been decided that one is required, your claim cannot proceed until it is held.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 8 months ago by Gordon.

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