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ESA payment query and ATOS medical appt

  • cashmygold
  • Topic Author
14 years 4 months ago #21539 by cashmygold
ESA payment query and ATOS medical appt was created by cashmygold
Hello everyone,

Although this is my first time posting on this site, I have been following the various threads for approximately 2 months. I have found them to be very insightful, useful and a good source of support, so compliments to the moderators and those who regularly post as you have been truly helpful.

Okay, now for my query. I made a claim for ESA towards the end of Apr 2010 after being forced to resign from my job due to health complications with Lupus (SLE) and all the other illnesses that this condition provokes.

I currently receive £238 (something pence) a fortnight, which works out to be around £119 per week. Now can someone correct me if I am wrong?

1.) I was under the impression that in the first 13 weeks of an ESA claim you’re in what they call the assessment phase, whereby you receive approx £65 per week, until you undergo a medical where you’re assessed on whether you go into the support or WRAG. So why am I on almost one £120 per week when I have not had my medical yet?

2.) My medical with the ATOS HCP is this week. As no one is able to attend with me due to various reasons, so I will be going it alone. I was wondering if anyone who has gone through the process knows if one is allowed to tape record the consultation?

Your response pertaining to these matters will be greatly received,

CMG

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 4 months ago #21587 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:ESA payment query and ATOS medical appt
Hi,

As I'm now retired as a WRO, I have to confess I know little about ESA. I used to specialise in the more complex cases of Incapacity Benefit, Industrial Injuries Disablement Benefit, and Disability Living Allowance .

I think the best people to ask about your ESA payments would be the JobCentre Plus office that pays you your ESA.

If you ask the HCP if you can record you medical, in line with ATOS Medical Services policy, the answer will almost definitely be no. However, there is nothing to stop you from recording it covertly.

There have been numerous threads on recording medicals in the past, so if you type 'recording medicals' into the 'Search Forum' box at the right hand side top of the page and press 'Go', this will bring up the other threads.

Hope this helps.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Ricardo
14 years 4 months ago #21592 by Ricardo
Replied by Ricardo on topic Re:ESA payment query and ATOS medical appt
Hiya CMG ,

the only combination that makes sense with your figures is if you actually get High rate or Middle rate Care DLA , and have no-one claiming carers allowance for your care (+another couple of rules dependant on circumstance) .
This would give you a premium called Sever disability Premium show on your award letter as Severe Disability Premium .. and is equivalent to £53.65 on your applicable amount ..this together with the assessment rate of £65.45 would be £119.10 per week .

As Jim stated though check your award letter , which should have a breakdown on it ..plus if in any doubt contact the DWP.
Personal circumstances are too varied to do calculations over this website , and if an any further doubt contact an advice agency .
Regards

Rich

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  • nickga
14 years 4 months ago #21605 by nickga
Replied by nickga on topic Re:ESA payment query and ATOS medical appt
Hi CMG

In my opinion I would say speak as few words as possible at your Atos medical, and certainly nothing chatty, friendly or lighthearted. I've received my medical report today after having my ESA stopped. It is comprised mostly of statements that are inaccurate, pure fabrication and needless, (not to mention bizarre). A couple of quick examples being: I am overweight? This despite only gaining an inch on my waist and a stone in weight over the last 35 years. Even stranger, "I have a cat but I don't feed it". (This is the absolute truth.) Although this thing signed herself as Dr, I think her doctorate was gained in the vetinary field and she must be working undercover for the RSPCA!!

As for recording the medical, I did as Jim suggested and recorded it, [slightly] covertly - but thankfully I did after seeing the report. I just put my Blackberry in my shirt pocket, and although some of the recording was a bit noisy it was good enough for me to transcribe. Perhaps I was lucky and she was writing the next episode of Fantasy Island so didn't notice, but this was my 3rd Atos medical in less than a year and I don't think any of them would have. Besides anyone can make a mistake and accidentally put a phone to record:-)

Good luck with your medical.

Regards Nick

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  • cashmygold
  • Topic Author
14 years 4 months ago #21791 by cashmygold
Replied by cashmygold on topic Re:ESA payment query and ATOS medical appt
Thank you for your responses.

Rich your analysis makes sense as I am on middle rate care for DLA and live alone so I suppose thats where the severe disabilty premium comes in to play.

Jack, although I truly sympathise with your case, it seems somewhat amuzing that these so called HCP are getting it so wrong. It is totally unacceptable. I will definately be covertly recording my medical assessment.

Thanks you all,

CMG

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