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Atos Medicals - Questions, Answers and Support

http://www.welfareweekly.com/mental...ied-chance-to-complete-sickness-benefit-form/

Libertad Maximus appear to have form for this, assuming it's maximus not atos doing the assessment. Benefits and work pressed for answers and the best they could get was that misguided concession to help people out who might have difficulty completing the form. Personally, I think it's a way to stack the deck more against claimants.

I'd tell them you're having a relapse and ask for it to be rescheduled. Then get hold of a form and complete it, and send it back to them before the assessment. There's a link to the form in the article I linked to in this post. Also if I can help, pm me x x
 
VP is currently dealing with a well-meaning numpty at the door (I'm taking the evening off from such people) but I'll ask him to get back to urban when he's free. :)
 
Libertad said:
Somebody somewhere else has told me:

"They cannot do that. HCP must have an up to date ESA 50 and the responsibility to send one out is Maxiumus/ATOS and not DWP. Up to you to get the appointment cancelled until they send out the ESA 50."

Is this correct? Considering that the scheduled WCA is in two weeks when is the latest that I can cancel the appt? We can't afford to get sanctioned for this, it would destroy everything, we don't have any money for emergencies or anything. I'm really shitting this.
Click to expand...

No that is completely wrong!

An ESA50 is part of the evidence gathering process but..... not necessary for a decision to be made, if a decision can be made based on other evidence.

It all depends on your circumstances?
 
superfly101 said:
No that is completely wrong!

An ESA50 is part of the evidence gathering process but..... not necessary for a decision to be made, if a decision can be made based on other evidence.

It all depends on your circumstances?
Click to expand...
But if the chance to gather evidence is denied....
 
equationgirl said:
First, I'd double-check that the correct information is on the letter I.e. It's definitely your ni number, date of birth, even name. If it's wrong, go ballistic at them on data protection grounds. If it makes any reference to information received, phone immediately and ask when this information was received.
Click to expand...

equationgirl said:
Maximus appear to have form for this, assuming it's maximus not atos doing the assessment.
Click to expand...

All the personal info is correct and it's from "Centre for Health and Disability Assessments", that's Maximus' sneaky title I've found out.
 
I don't know whether I'm doing the right thing but after having looked at DPAC and Benefits and Work I'm going to ring them in the morning and cancel the appointment they've sent me and ask them to send me an ESA50.
I'll quote the Health and Disability Assessment Services Service Requirement’ (HDAS – Schedule 2.1 (Service Requirements) back at them.

I found it here: http://dpac.uk.net/2015/07/response-to-maximus-esa50-and-the-wcas-impact-on-claimants/

Now that Maximarse are in full swing perhaps we should ask the mods to amend the thread title so that other unfortunates can find it.
 
Libertad said:
I don't know whether I'm doing the right thing but after having looked at DPAC and Benefits and Work I'm going to ring them in the morning and cancel the appointment they've sent me and ask them to send me an ESA50.
I'll quote the Health and Disability Assessment Services Service Requirement’ (HDAS – Schedule 2.1 (Service Requirements) back at them.

I found it here: http://dpac.uk.net/2015/07/response-to-maximus-esa50-and-the-wcas-impact-on-claimants/

Now that Maximarse are in full swing perhaps we should ask the mods to amend the thread title so that other unfortunates can find it.
Click to expand...

yell when you want form filling help.
 
I really think that I might have to take you up on your offer toggle
The timing's terrible though, aren't you due a holiday? I'll see what happens after the phone call.
 
Libertad said:
I really think that I might have to take you up on your offer toggle
The timing's terrible though, aren't you due a holiday? I'll see what happens after the phone call.
Click to expand...

i'm taking time off work, not a holiday as such,. not getting up for work in the morning to go clean bogs is fine. having the time off work to help a mate is better.

i do have a shift tomorrow afternoon, but i am literally doing fuck all on thursday.
 
Whoah, here we go.
I rang CHAD, the Centre for Health and Disability Assessments or Maximus or whatever they want to call themselves today.
I informed them that it would be a good idea to cancel the WCA on 17th August as the Health Care Professional would not have a current ESA50 to work from. I was told that they have an ESA50 from 2013, I said that that is now out of date as my condition has changed. I was told that Maximus does not send out ESA50 and that I should ring the DWP.
 
I rang my local JCP and asked to speak to the disability advisor that I normally speak to. She's off for the school hols (fair enough) but the person I did speak to was really confused about the situation. He thought that Maximus send out the forms. Now I am shitting it, Maximus may have just cancelled my appt. and then send me another appt. (still without an ESA50) and when I have to cancel that one that will be a sanctionable act.

You're only allowed to cancel your appt once. :(
 
Libertad said:
You're only allowed to cancel your appt once. :(
Click to expand...

No you can cancel as many times as you like but after the 1st you will be asked to show good cause for the 2nd and any further cancellations. This is DWP internal guidance not law and there is no single cancellation regulation.

Now that is if you cancel.... if they cancel they can do it as many times as they like! Which if you talk to them right you can use to your advantage.

I was up to 6 whilst I argued with ATOS about them providing a taxi. They even sent a new appointment for the exact same time and date of the last cancelled appointment which was an interesting conversation to say the least.

I'd check;
1, that the appointment really has been cancelled with both the DWP and Maximus - record the calls.
2, Fire off an official complaint to Maximus, the DWP and your MP asking for an explanation of how they feel that a 2 year old ESA50 is; a, still valid and b, not sending one is part of a fair and comprehensive assessment system now?
 
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superfly101 said:
No you can cancel as many times as you like but after the 1st you will be asked to show good cause for the 2nd and any further cancellations. This is DWP internal guidance not law and there is no single cancellation regulation.

Now that is if you cancel.... if they cancel they can do it as many times as they like! Which if you talk to them right you can use to your advantage.

I was up to 6 whilst I argued with ATOS about them providing a taxi. They even sent a new appointment for the exact same time and date of the last cancelled appointment which was an interesting conversation to say the least.

I'd check;
1, that the appointment really has been cancelled with both the DWP and Maximus - record the calls.
2, Fire off an official complaint to Maximus, the DWP and your MP asking for an explanation of how they feel that a 2 year old ESA50 is; a, still valid and b, not sending one is part of a fair and comprehensive assessment system now?
Click to expand...

Thanks for that. My condition is significantly worse than in 2013 and I have consultants' letters to prove it.
 
The JCP rang back.

Them: "No it's fine. Maximus are just catching up."
Me: "But the ESA50 is out of date and I'm significantly worse."
Them: "Just explain it to them, it'll be fine."
Me: "What about my new supporting evidence?"
Them: "You might as well take that along. Take anything you want really."

I'm getting stitched up here aren't I.
 
I'm not getting anywhere with Maximus. They keep batting me back with "DWP, DWP".
I'm thinking of taking a different tack. I haven't got the time or the inclination to download an ESA50 and fill it in in the 12 days I've got left and our printer's stopped working anyway so what if I go ahead with the assessment as planned, get awarded zero points or whatever and then appeal on the grounds that they wouldn't let me submit a new form?
I can't find any meaningful advice online so fuck it eh?
 
Libertad said:
Thanks for that. My condition is significantly worse than in 2013 and I have consultants' letters to prove it.
Click to expand...
Sorry your condition is worse, but Im glad you have the letters you need to prove it.

Libertad said:
The JCP rang back.

Them: "No it's fine. Maximus are just catching up."
Me: "But the ESA50 is out of date and I'm significantly worse."
Them: "Just explain it to them, it'll be fine."
Me: "What about my new supporting evidence?"
Them: "You might as well take that along. Take anything you want really."

I'm getting stitched up here aren't I.
Click to expand...
That sounds like catch 22. I wouldn't trust them. Had they not agreed to put off the interview?

If you have to go, take copies of every single thing that you've received since 2013. Have you got someone to go with you to help?

I hope your health allows you the strength to get though this x
 
Absolutely take someone with you to the assessment. Maximus do seem to be not sending out forms as a line of policy and while superfly101 is saying in some cases that may not be warranted ( and I agree, as some might be stable with no deterioration or improvement ever expected) to take this policy with everyone is clearly wrong.

I'm going to drop a line to the mirror and the record about this, I'm sure they'd be interested in the new policy.
 
I've just got this advice from someone, I suggest that anyone else finding themselves in the same position as me follows it:

"The Disability Adviser is talking bollocks given a significant deterioration and the fact that a new ESA 50 is a legal obligation.

You can take stuff with you on the day but they won't look at it. The job of the HCP is to fill in their software form. No more. No less. The job of the decision maker is to weigh all the evidence from all sources and make the decision. Send any new evidence direct to ESA now and add a covering letter saying that you were denied your legal right to a new ESA 50 and plan on taking the same evidence to your HCP meeting. When the HCP ignores your evidence you warn them DWP already have it and expect the HCP to consider it and weight it. You then tell DWP you took it; told them that and they declined to look at it. Totally knackers DWP argument that they can't consider your evidence cos HCP hasn't seen it and hasn't weighted it. It's an argument they try at tribunals and it's being kicked every time they try it.

Amusingly, sending your evidence to ESA now may trigger a review ahead of the HCP meeting and may even trigger a request for Maximus to... send out a new ESA 50!!!

The only alternative is to make a formal complaint to Maximus and copy your MP and DWP in. Formal complaints equal nasty statistics."
 
if you have the energy, i'd do it all

pm me an address, and a printed form will be in the post to you tomorrow. I need to post some stuff that i've brought home from work anyway.

trigger a complaint at both dwp and maximus.

write to whichever tory twonk is your mp.

letters can be written and posted to you for your signature, that you can then send off to the apropriate arsehole's addy
 
Celyn said:
Yuck. That's horrible. I bet the swine love that "Lazarus" idea, though.
Click to expand...

an Ilizarov frame perhaps , as i can;t find any reference to 'lazarus' as athe name of a limb reconstruction system ...

https://en.wikipedia.org/wiki/Ilizarov_apparatus

and for the person with the issues over co-codamol , macrogol (movicol / laxido) is a useful constipation preventer - works better than lactulose from what i've seen in practice.
 
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