ESA ......what is actually happening please

[lollybeen]

Hi,
As a newbie to this site I am sure that this has been asked before regarding the ESA WCA during 2014? I have been on ESA for 22 weeks now and have recently filled in PIP form also. I have not heard a word from Atos about a WCA and am finding trying to live on £72.40 per week taxing and exacerbating my mental health & physical issues....is there any end in site?
Thanks

[IsItRequired]

Re: ESA ......what is actually happening please

I have been through the ESA process , and at week 38 i am still waiting for PIP. ESA...After 24 weeks of waiting and hearing absoluntly nothing at all...I wrote to my MP, letter on this site somewhere...MP took on case and I had an assessment date within about 4 weeks from first letter to MP. I arrived at Atos assessment centre at 10am for my 10.10am appointment...at 11.20am I get called into a room by an assessor...And am told "you cannot be assessed today as your file never got ticked as requiring a Doctor to assess you and as you need a Doc and one is not hear today you will have to come back"....3 weeks later I finaly get assessed . 3 weeks after that I am awarded support group ESA...My £71 went up to £120 a week and a back dated payment for the 30 odd weeks equaled £1,950 which was in my account the day the letter arrived informing me of the award.I thought ESA support group was about 106 a week but you get a disability premium £15 thing too so it is £120 in the end. So... get your MP involved and you might get your money after about 30 weeks. PIP...pretty much the same wait and story...but they refused my claim saying I have no mobility needs even though I am house bound with spinal problems...I have asked for a mandatory reconsideration...so far week 40ish and I still have no idea when that phone call to tell me no again will happen...I will one day get PIP as I am entitled to it but unfortunately as I am not prepaired to pay gp`s for letters I will have to wait for tribunal/appeal thing and get it that way. Its not an easy fight with these people and I would strongly advise you research as much as possible what to say and what not to say during assessments so you can beat this unfair system...They seem cunning and very uncaring to your needs...it is extremely important you do not tell them the wrong things that will be used against you.The tests are not fit for purpose and because of this I wish I had lied during my assessments, that would have balanced the books a bit...if only i could turn back the clock then i would knowing what i know now,and for an easyier life...and to get what I am rightfully entitled to...Remember the assessment is for just a few hours that determines at least a whole year of getting the money you need and maybe are rightfully entitled to, so it is worth suffering the emmbarresment of wearing your dressing gown,or not putting make up on or nice ironed clothes ,washing ect for to the appointment.Unfortunately these assesments will use against you just the fact you turned up ,are clean, presentable and polite...Do not be fooled into thinking the assessor is just another person just doing there job either ...they are out to destroy your word/world, that is there game and mission, they will do it with smiles and an almost neigbourly like chat about your symptoms and life...Never forget that they want to use your positive health things against you...if say just once a week you get out of the house to escape the loneliness, you need opiate meds and still suffer for your day out and even risk further damage to your health and even others around you...that means you have no right to Personal Independence Payments. Its a dark , hard, cold hearted hell of a place and you need to be on your gaurd when there... Goodluck.

[bluebottle]

Re: ESA ......what is actually happening please

40 weeks waiting for a decision is not only wholly unacceptable, but unlawful, too, by virtue of Section 6, Human Rights Act 1998. Under Article 6 of the Act, a public authority, which includes the DWP and ATOS (because they are carrying out medical assessments for the DWP), must deal with a person's affairs in a timely manner. What is regarded as timely is normally taken to be 13 weeks maximum from the date the DWP receives a letter, claim form, etc.. An MP is a valuable ally, as they can kick backsides and refer cases to the Parliamentary and Health Service Ombudsman (PHSO) who can issue a finding of maladministration against a government department which will be made public. Never be afraid to involve an MP and always remember that you have a legal right to see the report ATOS has sent to the DWP and to ask for the decision-making notes. I asked for a copy of the ATOS report when I first claimed ESA and after much ducking and diving by the DWP, found the ATOS assessor had made false statements in the report. You have a right under the law to have false statements struck from the report and corrections made, even if this results in the report having to be re-written. And, yes, the Information Commissioner can fine ATOS and DWP for failing to maintain accurate records, the maximum fine being £500,000.

[IsItRequired]

Re: ESA ......what is actually happening please

Thanks bluebottle, I will ring the DWP today and ask for copies of everything and make an official complaint thing about my human rights and what else you say above.My MP is being good, he has asked for my MR to be speeded up and is awaiting there response, and also he wants to know if I want to complain about the Atos Doctor who assesed me for ESA as she gave me inapropriate advise and acted out of her bounds...but she was just trying to be nice, its just she is not from this country and obviously dose not know how UK GP`s talk to the undiagnosed sick...So i will leave that one but this PIP thing needs some ass kicking, complaining and shouting to be done ...after now 35 ish weeks the time has come.

[bluebottle]

Re: ESA ......what is actually happening please

I have just read your most recent post and am pleased to see you are being assisted by your MP.

Ask the DWP for copies of reports, etc., and be prepared for some heel-dragging, but keep on top of it. However, please be aware that some of the delay is down to ATOS and not DWP. Having spoken to DWP staff myself, the Department's own internal standards appear to be that once a report is received from ATOS, a decision on a claimant's case should be made and passed to the claimant within 7-10 working days of the report being received by the DWP Decision Maker. ATOS are claiming they have a backlog of cases, but it is frontline DWP staff who are copping the flak for it. Please bear this in mind. I, myself, have been waiting over six months for ATOS to pull their fingers out and reassess my ESA claim following a worsening of my condition. The DWP, I have to say, have been good and as helpful as they possibly can, given the matter is in the hands of a private-sector contractor who has clearly proven to be not up to the job they have been given.

I would be inclined to discuss breaches of the Human Rights Act 1998 with your MP rather than DWP directly. You can download a copy of the Act at www.legislation.gov.uk or click on the Royal Crest logo on the right hand side of the page which provides a link. Your MP might be in a better position than yourself to bring up the matter of compliance or, rather, lack of compliance, with Article 6 of the Act with the appropriate Minister or Secretary of State.

Regarding the ATOS doctor, I would be inclined to mention this to your MP as going by what you have said, there may be issues connected with patient safety. Could you describe what inappropriate advice she gave and acted outside of her bounds, please.

[IsItRequired]

Re: ESA ......what is actually happening please

Thanks again bluebottle...I telephoned the DWP and asked for all paperwork from themselves and atos, the lady I spoke to said no problem will send them out,the ease of which threw me a bit and I didnt mention the breach of human rights thing , my meds make me forget things so easily too ,but like you said maybe thats a thing for my MP.

The Atos Doctor that assessed me was wrong IMO on numerous things,
1. After being told I had recently days ago suffered a symptom that requires immediate medical attention and that I had not been seen by anyone , she failed to direct me to A&E...and continued the assessment which obviously may have worsened my condition...days later a friend of my familys son whos a neuro surgeoun told me to go immediatly to A&E, internet backs this up 100% for my symptom.
2.The doctor told me I am just going to have to learn to live with my condition...I am undiagnosed,I am still awaiting the results from one more MRI scan of my spine and the others i have show 2 discs bulging , one trapping a nerve awaiting treatment/advise, I have also had one disc removed in my neck and the damage is yet to be assessed.I maintain payments for my vehicle in the hope one day i may be fixed.
3.I told her of my most reasent symptom being bought on by having sex, and the doctor said that some conditions are like that and my fear that i might never have sex again is right.

No NHS doctor or specialist has told me I will have to learn to live with it, 2 pain management clinics have refused me treatment until i am diagnosed, I have been refused physiopherapy due to me still being undiagnosed...as no one will touch me treat me or advise me until they know what is wrong and just prescribe opiates to shut me up...so how can this Atos doctor in 20mins offer such life influencing advise? i wonder and think its wrong...But she was trying to ease my concerns at not being diagnosed, she did only mean well but unfortunately she is obviously not trained well enough to be practacing here, is how I see it.

[bluebottle]

Re: ESA ......what is actually happening please

Thanks again bluebottle...I telephoned the DWP and asked for all paperwork from themselves and atos, the lady I spoke to said no problem will send them out,the ease of which threw me a bit and I didnt mention the breach of human rights thing , my meds make me forget things so easily too ,but like you said maybe thats a thing for my MP.

The Atos Doctor that assessed me was wrong IMO on numerous things,
1. After being told I had recently days ago suffered a symptom that requires immediate medical attention and that I had not been seen by anyone , she failed to direct me to A&E...and continued the assessment which obviously may have worsened my condition...days later a friend of my familys son whos a neuro surgeoun told me to go immediatly to A&E, internet backs this up 100% for my symptom.
2.The doctor told me I am just going to have to learn to live with my condition...I am undiagnosed,I am still awaiting the results from one more MRI scan of my spine and the others i have show 2 discs bulging , one trapping a nerve awaiting treatment/advise, I have also had one disc removed in my neck and the damage is yet to be assessed.I maintain payments for my vehicle in the hope one day i may be fixed.
3.I told her of my most reasent symptom being bought on by having sex, and the doctor said that some conditions are like that and my fear that i might never have sex again is right.

No NHS doctor or specialist has told me I will have to learn to live with it, 2 pain management clinics have refused me treatment until i am diagnosed, I have been refused physiopherapy due to me still being undiagnosed...as no one will touch me treat me or advise me until they know what is wrong and just prescribe opiates to shut me up...so how can this Atos doctor in 20mins offer such life influencing advise? i wonder and think its wrong...But she was trying to ease my concerns at not being diagnosed, she did only mean well but unfortunately she is obviously not trained well enough to be practacing here, is how I see it.

I hate to say this, but you will need to ring ATOS and ask for the ATOS doctor's name and GMC Number. If ATOS try to claim they cannot give you that information because of "data protection", simply tell them that a doctor's name and GMC Number are a matter of public record and not subject to data protection. If ATOS are asked for a healthcare professional's registration details - name and registration number - they are required to provide such details.

Once you have the doctor's name and GMC Number, go onto the General Medical Council's website and check to see if this doctor is -

a. authorised/licensed to practice in the UK; and
b. whether they are on the GMC Register.

The reason I am advising this is because what the ATOS doctor has told you is inappropriate, knowing that you are still undergoing investigations under the NHS in order to determine a diagnosis of your condition. The fact that a neurosurgeon told you to go straight to A & E says an awful lot.

What you say in the final paragraph of your post is correct. No healthcare professional is going to prescribe any form of treatment until they know what they are dealing with. That is simple commonsense. As for you being prescribed opiates to control any pain, opiates, opium derivatives and opiate-based painkillers are the weapon of choice for pain control until it is known what is causing pain at which point more appropriate and effective analgesia can be prescribed, unless you are opiate-intolerant or have an allergic reaction to opiates as I have.

Hope this helps.

[IsItRequired]

Re: ESA ......what is actually happening please

I rang Atos...was told they do not have the info needed...They gave me the assessment centre i went to number...I rang and asked for name of doctor and registration number...I got the name but no number, they do not have that infomation...I went to GMC website and found a Doctor with her name....She is registered if this is the same doctor, which I am sure it is as the name Dr Ao is the only one on the GMC site .
Info on GMC site is

Registered with a licence to practise
More Details
Primary Medical Qualification	MB BS 1995 Tamil Nadu Dr MGR Med University
Full Registration Date	19 Jul 2005
Specialist Register entry date	This doctor is not on the Specialist Register
GP Register entry date	This doctor is not on the GP Register

and thats about it...Just proves the GMC let anyone in to act as doctors and do the jobs of doctors...in fact these people are better than our doctors because there decision over rides your GP`s decision/ sick notes...How the hell have these half trained Atos doctors got more power than our own?...My GP thinks i am entitled to PIP but Atoses nurse dose not...This ESA doctor did award me support group unfit for work but still her actions to the wrong person could be damaging and have negative consequences to that patients health...My whole ache for justice here is based on the fact I should never have been made to go to an assessment centre in the first place as I was not fit enough, let alone what happened...With my case I should have been awarded all benerfits until diagnosed and then it could be re-viewed...At the moment I might say yeah I can do this or that but it may actualy be endangering my health further, so all round its best to leave the sick awaiting treatment and diagnosis alone until treated and diagnosed...next step, email the GMC with the story ? or should it be the press? I dont actually want to get the doc in trouble i saw as she seemed so nice and was trying to help me with all the questions about my illness i have, but I suppose right is right and this wrongen needs rightin, for the sake of our GP doctors word being respected and for all people in need assessed by Atos.

[bluebottle]

Re: ESA ......what is actually happening please

What has been found to be going on is that healthcare professionals are writing reports, expressing a clear medical opinion, as dictated by the patient's clinical notes and what they tell the HCP. However, what then happens is that an ATOS manager, who is not medically-trained or qualified, is changing the reports so that they are favourable to the DWP. Not only is this a total abuse of trust and confidence, it is a breach of data protection laws (Failure to Maintain Accurate Records) and, quite possibly, fraud, as ATOS are paid on results and an inaccurate or false report which favours the DWP means they get paid £750 per claimant from the public purse and the claimant is denied benefits to which they are legally-entitled. And if the DWP's decision to deny benefits is overturned by the Social Security Appeals Tribunal (SSAT) or the Upper Tier Tribunal, ATOS is not financially penalised in any way. Are you beginning to get the picture?

Can you seen now why I have advised you to involve your MP? The more claimants who get their MPs involved in DWP benefit claims and the more MPs who find out about the fraud and corruption involved, the better. If you want to see something entertaining, go onto YouTube and find a video showing Margaret Hodge, MP, savaging an ATOS manager who had the misfortune to appear before a House of Commons Select Committee Margaret Hodge chairs. Don't be surprised if you find yourself deriving sadistic pleasure from watching it. The most accurate comparison I can think of it is watching a Rottweiller violently shaking a rag doll in its jaws.

Keep in contact with your MP. I would also be inclined to have checked out the university where this doctor obtained their Bachelor of Medicine and Bachelor of Surgery degrees. This is for your own safety as well as that of others. There may be nothing untoward, but where someone has qualified outside of the UK, this does need to be checked out.