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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

trying to speed up an esa assessment

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stevenmcavoy
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Welfare rights officer - Enable Scotland

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hopefully someone can help me out with a suggestion.

client has a learning disability and has been in the assessment phase for approx 7 months now.  due to the nature of his disability he gets very anxious about medicals, claims etc and the continued waiting is causing him a lot of grief.

most of my past work has been on appeal representation so i havent really had any cases previous where i have been looking to push an esa medical forward.

I know there are delays across the board just now but i tried to speak to ATOS in the hope that i would either be given something concrete to tell the client or that i could explain the issue and they would use their compassion (no laughing at the back) to help the client out by trying to get an appointment arranged.

unsurprisingly, my attempts at getting info or any action on his case failed miserable with the general ATOS number so does anyone else have any other suggestions of routes i could go down?

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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You might try the complaints procedure. Depending on whether your client’s circumstances are exceptional, you may have some luck. Recently, I’ve had my requests fired back at me, redirecting me to request an expedited assessment through the DWP. The more demonstrable the effect of waiting is having on your client the more likely I would say that you would be successful.

Best of luck.

Anne Corden
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The DWP can ask ATOS to prioritize a WCA where the claimant is vulnerable and/or in hardship. They confirmed this in response to a recent complaint I made in a similar case. They said that, if a claimant indicates that they are struggling due to the delay, the telephone contact centre staff should do an email ‘hand-off’ to the Benefits Centre so that they can consider whether it is appropriate to prioritize.

Tom B (WRAMAS)
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From what ATOS have told me - they have no procedure in place to allow them to speed up particular claims BUT do act on instructions from DWP to this effect.

In the circs I would write a strongly worded letter to JCP explaining the negative impact the prolonged wait is having on his health, including evidence if possible (support plan, assessment reports, statement from family member, carer etc.) making it clear that you are requesting an assessment asap. Once receipt is confirmed and assuming nothing happens within a reasonable period, escalate via customer experience team.

If the evidence is available to you - I’d possibly include in the letter which descriptors you think he should qualify under. If escalated it’s possible they could push through quickly without calling him for a f2f assessment.

stevenmcavoy
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thanks for your help, i wasnt sure if the dwp would be able to help me out at this stage.

to be honest this guys anxiety could be lessened significantly if he was even able to be given some rough time scales to go by as its the waiting and not knowing that seems to be causing the anxiety.

We are also waiting on a pip claim medical for him as well so that no doubt wont be helping either.

Robin Hood
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Have a case where the DWP were asked to expedite a case through the Local MP’s office and the assessment appointment was made quickly and the client is in payment within 10 days of her medical. Got very lucky I guess but going through the MP’s office may have helped.

Dan_Manville
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Is there a social worker involved?

stevenmcavoy
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DManville - 25 July 2014 02:48 PM

Is there a social worker involved?

no.

lots of my clients have little or no support as their learning disability isn’t assessed as being enough to require services.

if a client does get services then i am often in a fortunate position evidence wise as we are also service providers for a lot of clients.

the people we support also often have the additional difficulty that they dont see their GP as they arent ill and there are no treatments for their disability.

Dan_Manville
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stevenmcavoy - 25 July 2014 03:00 PM
DManville - 25 July 2014 02:48 PM

Is there a social worker involved?

no.

lots of my clients have little or no support as their learning disability isn’t assessed as being enough to require services.

if a client does get services then i am often in a fortunate position evidence wise as we are also service providers for a lot of clients.

the people we support also often have the additional difficulty that they dont see their GP as they arent ill and there are no treatments for their disability.

As a Tribunal Judge once said to me… an invidious position.

Other than roping in MPs I’ve little to contribute, sorry.

stevenmcavoy
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thanks for the replies everyone.

MNM
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has anyone successfully applied for supercession into SG, based on change of circs,  whilst claimant in assessment phase. 

I just wondered if this was a viable route?

Dan_Manville
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MNM - 28 July 2014 10:57 AM

has anyone successfully applied for supercession into SG, based on change of circs,  whilst claimant in assessment phase. 

I just wondered if this was a viable route?

Yes but it depends on your contacts within DWP; we’re lucky to have a sensible decision making team here who will read medical evidence before sending it to ATOS.

There is a blockage though as once a file’s gone to ATOS for the preboard check getting it back is proving nigh impossible.

 

MNM
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Thanks Dan, having read the post I was certain it was possible to apply for SG to try and avoid a medical as well as expedite a decision. 

You are right - near impossible to get back from ATOS.  I had a simple SG supercession for a B’ham client in WRAG, took over 4 months to get a positive decision.  First DWP said they have to follow procedure (no discretion to waive medical). Then after complaints they agreed a decision could be made without medical, by that time file was with ATOS and needed to be returned - that took 3 months. Once DWP got file back, immediately superceded by a sensible DM a whole lot of wrangle for something so simple.

Dan_Manville
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4 months… Is that all? Last one I did took 27 weeks!

MNM
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I dont want to think how long it would have taken without your input

Dan_Manville
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MNM - 28 July 2014 12:05 PM

I dont want to think how long it would have taken without your input

It’s fair to concede that it was likely entirely coincidental that client ended up in the Support Group a few days after I served a first LBA on the Work Programme Provider alleging harassment and indirect discrimination.

Other assessments were taking a similar amount of time. ;-)