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Waiting for contact from ATOS
Hi all, we have had a few customers recently who have approached us for help with food because they have failed to attend their WCA and have had their ESA claims cancelled and have reclaimed within the 6 month period. These people seem to be waiting for months and months for Atos to contact them with another appointment and often don’t have any income at all. Is it normal to wait for months for Atos to give new WCA appointments?
Yes
Local JC staff told me that the situation with ATOS had descended to a parlous state when one of my clients awas in a similar situation. Fortunately though we could see grounds for damages under the Equality Act and referred client through Civil Legal Advice; they soon dumped him into the Support Group when they received the pre action letter 😊
Deadlines are increasingly tight for such actions (and it’s extremely bureaucratic at the outset; lots of work to do) so if that’s a prospect best get a move on.
JC will pay out on a new claim made after the 6 months and that’s a possibility rather than waiting for ATOS to assess someone who’s gone past the 6 month point.
Thanks DManville, my current customer will reach the 6 month point on 4th march so I may suggest this to him but he is loath to do anything which may prevent him receiving the arrears of ESA he is due from his last award. Its an awful position to be in. Our Local Welfare provision scheme doesn’t really have the funds to be able to support people for very long.
This happens. Failure to attend WCA/return ESA50, JCP advises reclaim ESA, which of course remains unpaid until assessment conducted. 2-3 months later no money at all left, local welfare provision and family support all but exhausted. Rent arrears, CT arrears accrued, action to evict and so on.
Where no new ESA claim has been made within 6 months of original decision and it is close to that time, practical advice may be to appeal the refusal at once (where grounds) and reclaim when 6 months has been met (if no new conditions/significant deterioration).
If it’s a while off ‘til the 6 months, I submit a complaint to JCP & Atos stating circs, requesting immediate LCW dec either with or w/o F2F assessment, no income nor any more available, severe hardship, likely deterioration in (poss MH) condition as result. Follow-up 1-2 weeks.
It’s worked so far, but the more it happens, the less slack there is to deal with these cases urgently. The more the claimant has done and the fewer options s/he has left, the more urgent the case becomes and the greater onus on JCP to resolve it.
Hi damo
I presume that you’re assessment centre is Flowers Hill as well? As I have migration, renewal and new claims outstanding from June onwards with them.
At a local DWP liaison meeting the gentleman from ESA advised that this sort of thing should be dealt with more swiftly but thats obviously not happening. I would suggest hounding Atos and if no luck with that avenue advise your clients to speak to their MP.
Mike
I have a client on ESA assessment rate since Jan 2013, still waiting for a medical assessment. I have complained to JCP, ATOS and now my local MP, who I need a response from before complaining to Parliamentary Ombudsman. Time consuming but will hopefully raise awareness of the problem.
Had another client who completed ESA50 in April 2013, finally called for a medical in Feb 2014 on a date she could not attend (hospital appointment). She phoned ATOS and was told if she did not attend her papers would be returned to JCP stating refusal to attend! I have complained to ATOS and JCP and as yet no response from either, so don’t know if client’s ESA will stop or not.
My local assessment centre is Taunton.
I have a client on ESA assessment rate since Jan 2013, still waiting for a medical assessment. I have complained to JCP, ATOS and now my local MP, who I need a response from before complaining to Parliamentary Ombudsman. Time consuming but will hopefully raise awareness of the problem.
Had another client who completed ESA50 in April 2013, finally called for a medical in Feb 2014 on a date she could not attend (hospital appointment). She phoned ATOS and was told if she did not attend her papers would be returned to JCP stating refusal to attend! I have complained to ATOS and JCP and as yet no response from either, so don’t know if client’s ESA will stop or not.
My local assessment centre is Taunton.
Local MP still needs to make the referral to PHSO’s office don’t they?
THe MP has to write to DWP then if remains dissatisfied with response he refers it to the Ombudsman. It may be worth submitting an additional complaint to the Independent Case Examiner too.
THe MP has to write to DWP then if remains dissatisfied with response he refers it to the Ombudsman.
Are you sure?
When I applied to PHSO in around 2008 I asked the MP to refer on the back of a detailed history which he did straightaway; PHSO would not entertain a complaint until internal complaint mechanisms were exhausted but with an ombudsman’s ref in one case re HMCTS it flew through the complaints process with no bother and the PHSO then looked at the complaint.
Another complaint; this time regarding DWP rather than HMCTS. got stuck at ICE, probably due to about 800 pages of information and wasn’t resolved by the time I was made redundant. In that case too the MP (the same one) was happy to refer directly.
I asked becasue I saw some consultation on removing Parliamentary Discretion (MPs discretion to refer) and didn’t know what had come of it.