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why are the dwp taking so long to make a decision

  • amanda60
  • Topic Author
14 years 2 months ago #26403 by amanda60
Hi there hope somone can help with my query, I had my atos medical assessment in april and have still not heard whether i have been put in the support group or the work related group, apparantly my score sheet went up to the decision maker mid july, should it really take this long I know they have a backlog but this seems ridiculous, in the meantime I have been awarded high rate mobility and middle rate care which only took a few weeks for them to make a decision but I doubt they will take this into account when making a decision on whether I am capable of work even though I can hardly walk.

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  • Catherine
14 years 2 months ago #26410 by Catherine
It is ridiculous. They are subjecting people to unnecessary distress. It is also deeply unfair as they are holding back extra money you may be entitled to whilst a decision is being made.

With the old IB you would usually receive the result within a week or so of the medical.

I think that years ago, the doctor who took the medical took responsibility for their actions by giving you the result and presumably an opportunity to challenge it before you left (someone please correct me if I am wrong).

These days Atos claim they do not make the decision whilst decision makers are adamant they are not medically trained and so dependent on Atos medical advice. Nobody seems to be held to account.

The whole system of basing vulnerable people's entitlement to benefit on a deeply flawed computerized medical with an unknown doctor is totally ridiculous.

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14 years 2 months ago #26414 by cdcdi1911
Hi amanda60

I received my ESA decision in three weeks. I know it varies around the country but five months is ridiculous. There must be something holding it up other than a backlog. I think all you can do is keep chasing them up over the phone to find out what’s happening.

I hope you get a favourable decision soon.

Catherine wrote:

I think that years ago, the doctor who took the medical took responsibility for their actions by giving you the result and presumably an opportunity to challenge it before you left (someone please correct me if I am wrong).

Hi Catherine

I don't know how many years you are going back but I doubt the doctor was ever responsible for the decision, only for advising the decision maker.

I have been told by a doctor in the past that he will 'recommend' that I am not fit for work, but their current handbook advises them to explain that they do not make the decision, not to tell the claimant of their recommendation, and to refuse if asked.

Before the 1998 Social Security Act, Adjudication Officers who I believe were independent of the DWP made decisions.

If only the entire process of producing medical forms, approving and training doctors, and the decision making were carried out by an independent body that had no financial interest in the outcome of the claim, I think the benefit and appeals system would not be in the shambles that it is today.

Best wishes

Derek

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14 years 2 months ago - 14 years 2 months ago #26416 by Crazydiamond
Replied by Crazydiamond on topic Re:why are the dwp taking so long to make a decision

Catherine wrote:
I think that years ago, the doctor who took the medical took responsibility for their actions by giving you the result and presumably an opportunity to challenge it before you left (someone please correct me if I am wrong).

DepressedDerek wrote:
Hi Catherine

I don't know how many years you are going back but I doubt the doctor was ever responsible for the decision, only for advising the decision maker.


Catherine may be referring to the period pre-1995, when under the Invalidity Benefit regulations the examining doctor did have the sole responsibility for deciding whether or not a claimant was fit for work?

The examining doctor did not allow a challenge to his/her decision at the actual medical however, as it was sent directly to your own GP. The decision could be challenged on appeal if it was detrimental to the claimant.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 14 years 2 months ago by Crazydiamond. Reason: Additional info.

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14 years 2 months ago #26421 by cdcdi1911
Sorry Catherine, I shouldn't be guessing what the law may have been many years ago.

Derek

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  • Paul James
14 years 2 months ago #26423 by Paul James
They keep you waiting for weeks or even months

I put it down to them being short of staff?

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