assessment treadmill, i want to get off!!!!

How many times should I expect to be called for a assessment with atos?

I will make this as brief as possible, but I am fed up of being refused ESA and going to tribunals. Up to 2008 I was working, then started suffering among other things numb and hyper sensitive hands, meaning I struggle with everyday things such as picking up pencils, doing buttons etc so had to leave work (as a cook)had MRI scan found lesions on spinal chord. My claim for ESA was refused! I appealed and went to tribunal won on 15 points (dexterity) went into work focused group.

Five months later, had to fill in ESA questionnaire again, refused!!! appealed, then went tribunal won again 15points. again in work focused group.Then five months later ESA questionnaire refused, appealed, tribunal 15points, won AGAIN!!!! Five months later another ESA questionnaire, ESA refused.

I am now so stressed and sick and tired of being almost called a liar and a fake that I almost cannot be bothered to appeal and go through the whole process again, despite the fact that it causes so much stress due to having to go through the process, and the stress from the financial implications on reduced money, (and my child getting more expensive as he wants to go to college!!). It also has an impact on my health, and is impacting on my relationship with my partner.

Is there a time frame for the DWP to keep up this vicious circle or will I have to grin and bear it until I decide that I can no longer be bothered, and give up, where by I would lose my home and everything else?

I am sorry if this question has been asked somewhere else, i did look but could not find an answer. I have tried cab and my Gp who both don't have an answer, also wrote to my MP twice, but it seems its not worthy of a reply!

Thank you in advance for any advice offered.

dj

Hi dj, Have you tried phoning your MPs office or going to his/her surgery. Take all your paperwork with you and let them see what a shambles ESA is and the costs of repeat medical assessments etc. Best Wishes

For what it's worth, in my view what you have experienced is an extremely expensive abuse of both power and process by the DWP and Atos.

My opinion however counts for nothing, as unfortunately the ESA regulations allow the work capability assessment to be carried out at any time, and any amount of times indefinitely. The situation as you have described would be overcome forthwith, if the appeal tribunals were allowed to give a date when your ESA should come up for further reassessment. Regrettably they do not do so, although I cannot see anything in the ESA regulations which prevents tribunals from doing this, which would eliminate the absurd situation that you have encountered. There may be some information in the Tribunal Benchbook which explains the procedure for determining ESA appeals, but the Tribunals Service in their infinite wisdom decided to remove it from the public domain a few years ago. I wonder why?

You have stated that you have wrote to your MP twice without the courtesy of a reply, but does he/she not have a constituency surgery held locally where you could confront him/her face-to-face about your ongoing problem with ESA reassessments? Other than enlisting the help of your MP and making a formal complaint, there is very little that can be done, as the DWP/Atos are operating within the rules however unfair they may seem to you and indeed everybody else, apart from the powers that be!

I can't remember whether it is section 22 or 60 of the Social Security Administration Act.
Which mentions a "finality of decisions" so that a claimant shall not be reassessed "at the whim" of another decision maker.
Such cases as are the subject of this thread really need taking to ones MP FORCEFULLY and getting a local newspaper on the case.

If it hasn't been abolished recently, perhaps the Audit Commission could be alerted to the extraordinary cost to the taxpayer of repeated ATOS assessments plus subsequent appeals processes, merely to administer one benefits claimant.

papasmurf wrote:

I can't remember whether it is section 22 or 60 of the Social Security Administration Act.
Which mentions a "finality of decisions" so that a claimant shall not be reassessed "at the whim" of another decision maker.
Such cases as are the subject of this thread really need taking to ones MP FORCEFULLY and getting a local newspaper on the case.

Unfortunately section 60 of the Social Security Administration Act 1992 (Finality of Decisions) relates to Industrial Injuries Disablement Benefit, and will not assist the original poster with his/her ESA entitlement, nor will section 22 of the SSAA 1992 (Social Security Appeal Tribunals).