ESA Assessment Report out of time.: I had an... - Pain Concern

Pain Concern

38,120 members11,738 posts

ESA Assessment Report out of time.

ladybear profile image
2 Replies

I had an ATOS ESA assessment June 2013 and although had previously long history on Incapacity Benefit and then accepted on ESA with assessments, this time I was made to perform movements that were painful for me and it was obvious how much difficulty I was having and pain experienced. The Assessor also laughed at me when I explained my condition (so he didnt believe) and then mocked me when I got my words muddled due to the M.E. brain fog. I was sick and nauseous during the Assessment and had a friend with me who was horrified at how I was treated. The Form (I have at last received a copy) shows that the Assessor completed the form within an hour on the day, awarded NIL points throughout and fabricated his answers. The Form was returned to the DWP OUT OF TIME and now I have to go through the process of a new Application. My question: Has anyone else experienced this 'out of time (6 months!) business. I want to throw Contract Law at the DWP (I completed my part of the contract by turning up at appointment.... ATOS broke their part of the contract by not submitting the Form within the expected time... they must be under time/length periods specified in their contract else they have no defined Contract rules with DWP). As you can tell I am most distressed by all this. The answers were fabricated (I had a witness) out of time so severing all previous history and now new application for ESA which I was already on. Does anyone have any experience of this happening to them. Any advice would be so very welcome. I have a Tribunal Hearing for DLA this Thursday which is also worrying me.

Written by
ladybear profile image
ladybear
To view profiles and participate in discussions please or .
2 Replies
earthwitch profile image
earthwitch

go see the disability welfare person at your CAB and see what they suggest. I've always found them excellent for helping with this kind of thing.

I was treated in a similar way and had my motability car taken currently going through PIP to get it back.get evidence from your doctor and your friend and wherever you can to back your case the tribunal will usually have a disabled person on the panel. When I appealed my DLA I got it overturned as they saw in pain. Be honest and you will be fine

You may also like...

ESA assessment AGAIN feeling upset 😕

Hi all I have got another assessment for ES A every time it needs updating I have to have a face to...

PIP REVIEW ASSESSMENT

I have just had my PIP Review face to face assessment which lasted for 2 hours. I am mentally and...

PIP assessments - is it just me?

in the form and sent it all off. I got told that I had to go for a medical assessment by ATOS. I...

I am due to go for PIP Atos Assessment on the 13th of May 2014

an assessment done by Atos at home recently? Is there anything I need to know, the last time Atos...

DWP and a so called apology and my assessment copy

landed through the letterbox. DWP has finally sent me the copy of my assessment carried out in...