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ASOS drop another googly! - 6th April 2012
On 6th April 2012 Littlejohn spoke out about the uncaring attitude of ATOS the government's chosen tool to 'flush' out the disabled malingerers by cutting them off from a fair medical examination! You read it here first a long time ago!
Here is a facsimile of the actual article!
Belated peripheral information:
It is now 6th December 2011 and I think this part of the silly saga is dormant for the time being (famous last words probably)
But stand by for the battle with Her Majesty's Revenue and Customs who are hounding me for £ 184.36p (desperate times obviously) - but I do have Tony Hetherington, the People's Champion of the Financial Mail behind me!
Again from the Daily Telegraph :
"Some experts claim the combined cost of tax avoidance and evasion costs Britain £125 billion a year. Which, by unhappy coincidence, is what the Government needs to borrow next year to keep the country running. "If we collected all the tax avoided and evaded each year, we would be one of the greatest economic superpowers on Earth" says Tax Research UK's Richard Murphy. "Or if you prefer, we could pay the UK's entire educational needs for a whole year and still have £60 billion to spare."
So why don't they do their job properly instead of hounding me for £184.36p - that would really make a dent in the £125 Billion owing wouldn't it?
Christmas is fast approaching and HMRC have neither responded to my complaint nor cashed the cheque I sent in on 7th December 2011.
See the Updates here - cheque cashed, letter of response etc.
Mmmm! Update - 18th October 2011
A day of anticipation and waiting with bated breath – considering I stayed in bed reading until nearly 11.00am the promised call of ‘first thing in the morning’ didn’t really materialise. In fact it came at a fairly awkward time, to save myself stressing, I decided I would sort a few things out and stay close to the phone (last night it was playing up so I wasn’t best pleased at the prospect that it might collapse on me sometime today assuming Sally rang). I was just sorting out my prescription order – not easy as I have the following multiples – 4, 20, 25, 28, 30 and 36 – the common denominator being something very large! As from next year I’m going totally diary electronic (only have a hard copy this year because it was a freebie from the Book People) so in addition to entering these in a diary I decided I would start the discipline of the electronic version on my iPad. Just as I had the papers spread all over the place the phone rang (I had of course returned it to its cradle) so got to it just before the voicemail kicked in. The voice asked for Mrs. Ludlow – at least they spared me the mispronunciation of my first name, which of course I don’t use except for documentation purposes, so as usual I asked who wanted to speak to me? It was Sally from the Benefits Office – I confirmed it was me and she said she wanted to ask some security questions – I told her no way until she told me her surname this time – she did volunteer that straight away so I confirmed my date of birth and address (different to the usual ones I suppose!). Then she started to talk to me as if we had not had any sort of intercourse (sorry) as in all that nonsense (documented above) in June! (The surname, by the way will feature in my hard copy notes but not on the internet.)
I stopped her in her tracks and reminded her that we had had lengthy discussions so please not to treat this as if she was just picking up a brief – she ‘apologised.’ She then remembered the whole scenario and volunteered the information that after she had reviewed my notes (presumably after a prompt from Sara(h?)) she had discussed my case with a Decision Maker and that they had agreed that my review should be extended until 2012. I asked her to qualify what that meant – 12 months she said – October – did she mean 1st or 31st October I asked – ‘Let’s make it from today’s date -18th’ she said. I asked if she would confirm that in writing – she promised she would. The word ‘promise’ started creeping in a lot at this stage.
I then told her that I wanted some questions answered – the first of which was why, when she had ‘promised’ she would, had she not confirmed that my AS50 had been received by her office (the one she would keep safe in her drawer) – she started to apologise so I told her that I would not be interrupted (why oh why do people always think they can interrupt me?) and stated that I had a letter from the Minister of Employment who had confirmed that the form had arrived and that she had been instructed to ring me in September – which she had not. She started to apologise again – I told her I had not finished and that I wanted a satisfactory answer as to why she had not done as she had ‘promised’ especially as she was making further ‘promises’ now. She had no satisfactory explanation. She then ‘promised’ that she would make notes on my screen to the effect of what we had discussed. I told her that it would have been a lot easier for the call centre operator yesterday if she had done that in June! She promised she would do this, particularly as a 12-month period was involved and she might not be here in 12 months – I tackled her about that, to explain what that meant and what it might mean to me? She back-tracked and said she fully intended to be there but who knew what was happening in the civil service …. mmmmm! Anyway I pointed out to her that by October 2012 I would be over 60 and that in normal circumstances would have expected to have been drawing my old age pension by then if the government had not moved the goalposts and extended my retirement date by 2 years and 1 month. What possible reason could they give to continue to persecute me after the age of 60 – I’ll give her this – she did then say that with that in mind they would do the assessment over the phone (and if necessary she would fill the form in that way as she does for other clients – yawn how boring, wonder how much she gets paid to fill forms in on a regular basis, especially those as droneworthy as the AS50 – just misspelled that to ASS50 – think that says it all!). Anyway I asked her if she would also add that to the letter – she said she would. I told her that the last letter I had received had been badly written and with an anonymous signature – she ‘promised’ that would not be the case this time.
I was unable to ask her my final question which would have been ‘What impact would her incompetence have had if I hadn’t been forced to chase the situation?’ But, I didn’t get around to it – I’d had enough promises and apologies to last a lifetime by then!
I will post the letter when it arrives – apparently they are not permitted to send anything 1st class – I’m not bothered about that, I’m bothered about making sure it is written and sent today!
Update - 17th October 2011
(Generated by still further no response from 'Sally') :
17th October 2011
On 23rd September, following the arrival of another ESA50 for completion (oh Sally what sort of a numpty are you?) I posted the following on Fb:
J Anna Ludlow Appearing now on the Fb page of the MP - Mark Spencer Mp
Hello Mark - guess what? Today I have received a form from ATOS demanding that I complete it and return it by a given date OR 'MY BENEFIT MAY BE AFFECTED'. I have a copy of a letter sent to you from the Rt Hon Chris Grayling MP, Minister for Employment - the last paragraph reads "A Team Leader from Nottingham Benefit Centre had spoken to Mrs Ludlow to apologise for the mistake. They will keep her ESA 50 form and will contact Mrs Ludlow in September to confirm if the information on it is still up-to-date. If there are any changes, the team leader will amend the form on her behalf and then send it to Atos Healthcare."- So, the apology is obviously lip-service, the letter nonsense, the promises broken and my STRESS levels are way up - perhaps they should update that my health, as a result of their continuing INCOMPETENCE will include cardiac arrest! Over to you Mark, because I refuse to stress any more or contact them - the onus is on them to contact me! BTW - have you seen this : http://www.communitycare.co.uk/Articles/26/07/2011/117224/mps-slam-major-failings-in-disability-benefit-assessments.htm
MPs slam major failings in disability benefit assessments - 7/26/2011 - Community Care
"Unacceptable" failings by the government's disability benefit assessment company have led to people being without benefits for months, MPs have said.
Mark Spencer Mp Anna, they may be just checking all the details they hold are correct. if you want to drop in to the office some time I am sure we can assist in filling it out if you are struggling.
23 September at 16:37 · Like
J Anna Ludlow Mark - I'm physically incapable of dropping into your office and am disappointed that you have not checked back to the core of this. I received this same form 2 months ago when it should not have been issued! You wrote to Chris Grayling about it and sent me a copy of his response. The form was completed 2 months ago, you had a copy delivered to Vine Terrace by my husband, you answered the door to him yourself! The DWP were supposed to ring me to see if there was any change - I realise you are busy, but to forget those details and offer me help in filling out the form us diminishing me an unworthy of your office.
23 September at 17:40 · Like · 
3 people
J Anna Ludlow Oh well, 19 hours have passed and no response from my MP the man who is supposed to be looking after the welfare of his constituents - looks like I'll have to write to Chris Grayling the Minister for Employment myself and I'll have to name and shame SALLY (no surnames ever given) as the Team Leader who was supposed to ring me back TWO months ago to say she had received my form and was supposed to ring me in September (ok so there are still one or two days to go) to see if there were any changes and then she would forward the form appropriately. EXCUSE ME if I don't trust a word any of them says!
24 September at 13:11 · Like · 
2 people
So the stupidity of the saga continues.
In the meantime, today, 17th October 2011 I got a bit fed up and decided that I would give ‘Sally’ the benefit of the doubt and allow her to talk her way out of her incompetence.
I had actually, intended to complain outright to the Minister for Employment but needed to make sure that I was going to start yelling in the right ear, and I was so tired when I got up here I didn’t think I’d make a sporting chance of a really vitriolic and powerful letter – I can do that when I’ve damned the woman in her own incompetence! I think I’ve been pretty patient anyway waiting till 17.10.2011 when she was a) supposed to confirm safe arrival of the form in June and b) ring me back in September!
So, after a few minutes wait I actually got an intelligent call centre operator but the security questions were a bit stupid (again) – what is my marital status, do I receive any other benefit and what is my home telephone number? I got this woman’s name (first only of course) but won’t mention it because she at least has proved that she knows her onions! But she did make the unpardonable mistake of asking me Sally’s surname – oh yes, and as if……..! But she was ok – added some notes to my screen (there wasn’t anything there from June of course but that doesn’t surprise) me and promised me a call-back within a 3-hour window.
I did get a call at 13.05 from a Sara(h?) who did give me her surname and also the name of her Supervisor – but again, because she appears to know what she’s doing I won’t expose her yet! But she couldn’t give me Sally’s name without her permission – what IS Sally afraid of? Anyway Sara(h?) asked me the exact same three security questions, listened to what I had to say and promised she would discuss this with her manager to see if any light could be shed on what was happening and then also speak to Sally and get her to ring me tomorrow first thing if that was OK.
We can only wait and hope – no, wait and steel ourselves for the excuses!
I have insisted that Sara(h?) send confirmation of this telephone call and she has agreed that she will and I have informed her that if they get the answer machine to talk into it to give me an opportunity to get to it before they ring off.
And following all this I sent the following to my MP by e-mail at 13.11 :
“Mark I refer to you your e-mail below suggesting that if there are any further developments you should know about and if you can help me personally with my case you are always happy to help. I therefore find your response to me on Facebook both patronising and insensitive. I believed I was giving you an update by posting the following: "Hello Mark - guess what? Today I have received a form from ATOS demanding that I complete it and return it by a given date OR 'MY BENEFIT MAY BE AFFECTED'. I have a copy of a letter sent to you from the Rt Hon Chris Grayling MP, Minister for Employment - the last paragraph reads "A Team Leader from Nottingham Benefit Centre had spoken to Mrs Ludlow to apologise for the mistake. They will keep her ESA 50 form and will contact Mrs Ludlow in September to confirm if the information on it is still up-to-date. If there are any changes, the team leader will amend the form on her behalf and then send it to Atos Healthcare."- So, the apology is obviously lip-service, the letter nonsense, the promises broken and my STRESS levels are way up - perhaps they should update that my health, as a result of their continuing INCOMPETENCE will include cardiac arrest! Over to you Mark, because I refuse to stress any more or contact them - the onus is on them to contact me!"
I was more than astounded to receive this response from you :
"Anna, they may be just checking all the details they hold are correct. if you want to drop in to the office some time I am sure we can assist in filling it out if you are struggling."
How is that being supportive? You are aware that my lack of mobility is such that I cannot 'drop in' anywhere, let alone a place like Vine Terrace which according to the description given to me by my husband has no disabled friendly entrance and necessitates going up stairs (haven't been able to do that for over 6 years now). You were given a copy of my form when my husband dropped it off for you so why would you imagine I would need assistance in 'filling it out' - why, when your own Minister for Employment has stated "A Team Leader from Nottingham Benefit Centre had spoken to Mrs Ludlow to apologise for the mistake. They will keep her ESA 50 form and will contact Mrs Ludlow in September to confirm if the information on it is still up-to-date. If there are any changes, the team leader will amend the form on her behalf and then send it to Atos Healthcare." would you imagine that the form needs filling in anyway?
Here is a copy of my response to you basically reiterating the above which you chose to ignore - "Mark - I'm physically incapable of dropping into your office and am disappointed that you have not checked back to the core of this. I received this same form 2 months ago when it should not have been issued! You wrote to Chris Grayling about it and sent me a copy of his response. The form was completed 2 months ago, you had a copy delivered to Vine Terrace by my husband, you answered the door to him yourself! The DWP were supposed to ring me to see if there was any change - I realise you are busy, but to forget those details and offer me help in filling out the form us diminishing me and unworthy of your office". - so how is that taking an interest in me and how is that different to the bullying you refer to in your letter to the Minister?
Yes, you are indeed diminishing me and casting me aside as if I was totally unimportant - but please remember that I do have the right to vote!
Yes, despite all the promises - you ignored me - and I posted this a little while later: "Oh well, 19 hours have passed and no response from my MP the man who is supposed to be looking after the welfare of his constituents - looks like I'll have to write to Chris Grayling the Minister for Employment myself and I'll have to name and shame SALLY (no surnames ever given) as the Team Leader who was supposed to ring me back TWO months ago to say she had received my form and was supposed to ring me in September (ok so there are still one or two days to go) to see if there were any changes and then she would forward the form appropriately. EXCUSE ME if I don't trust a word any of them says!"
And since then there has been nothing from you or from Sally. So, I've decided to send this as an e-mail rather than post of Fb for the time being. Today I have spoken to the Nottingham Benefits Section and have received a call-back from not Sally (who doesn't work Mondays) - she is to ring me tomorrow first thing. Depending on what that brings will depend on what action I take next.
Yours, no longer, in trust. J A*** L***
From: SPENCER, Mark [mailto:mark.spencer.mp@parliament.uk]
Sent: 09 July 2010 15:47
To: janna.ludlow@ntlworld.com
Subject: ESA
Dear Ms Ludlow
Thanks very much for informing of the details of how you have been treated when applying for the ESA. This highlights exactly the reason there needs to be a reform of the Welfare State. When I see the relevant Minister I will raise the matter with him. In the meantime, if there are any further developments you think I ought to be informed of pleased let me know.
Of course, if I can help you personally with your case in any way then I am always happy to help.
It's important that MPs are kept informed of the difficulties people encounter in accessing the welfare system and I again want to thank you for going to the trouble of contacting me.
Mark Spencer MP for Sherwood. “ I have received confirmation of its arrival from Liz Kelly and reads :
This is to confirm your email has been safely received and will receive attention .
Mark Spencer MP
Update - 23rd September 2011 - Another rant on Fb and an e-mail to Mark Spencer and the Hucknall Dispatch.
Appearing now on the Fb page of the MP - Mark Spencer Mp
Hello Mark - guess what? Today I have received a form from ATOS demanding that I complete it and return it by a given date OR 'MY BENEFIT MAY BE AFFECTED'. I have a copy of a letter sent to you from the Rt Hon Chris Grayling MP, Minister for Employment - the last paragraph reads "A Team Leader from Nottingham Benefit Centre had spoken to Mrs Ludlow to apologise for the mistake. They will keep her ESA 50 form and will contact Mrs Ludlow in September to confirm if the information on it is still up-to-date. If there are any changes, the team leader will amend the form on her behalf and then send it to Atos Healthcare."- So, the apology is obviously lip-service, the letter nonsense, the promises broken and my STRESS levels are way up - perhaps they should update that my health, as a result of their continuing INCOMPETENCE will include cardiac arrest! Over to you Mark, because I refuse to stress any more or contact them - the onus is on them to contact me! BTW - have you seen this : http://www.communitycare.co.uk /Articles/26/07/2011/117224/mp s-slam-major-failings-in-disab ility-benefit-assessments.htm
And a copy of the e-mail:
Dear Mark
I have posted on Fb because the situation is absolutely untenable - you may remember the farce that occurred a couple of months ago in respect of form-filling and apologies and the rest and a Team Leader was supposed to have contacted me - well it is the 23rd September and 'no such undertaking has been received' with apologies to Neville Chamberlain.
I draw your attention to this web-site : http://www.communitycare.co.uk/Articles/26/07/2011/117224/mps-slam-major-failings-in-disability-benefit-assessments.htm and although I have not suffered all of the many abuses listed, you know from my reports that I have been victim of several of them.
I understand that 'A report by the Work and Pensions select committee identified numerous failings by Atos Healthcare'. I see that an enlightened statement has been made by Anne Begg, chair of the committee, who said: "There have been failings in the Atos Healthcare service, which has often fallen short of what claimants can rightly expect. This has contributed significantly to the mistrust which many claimants feel about the whole process."
Is it just lip-service?
Anne Begg then further stated "She said that some improvements had been made but the Department for Work and Pensions, which contracts Atos to conduct the assessments on its behalf, needed to do more to ensure claimants were treated properly."
I ask again - is it just lip service?
The DWP state "A spokesperson for the DWP said that it was committed to improving the assessment process through the recommendations of a series of independent reviews."
What recommendations? Are they available on the internet? Has anything been done?
Oh and the icing on top of the cake from a woman who totally ignored/blanked my e-mails and my correspondence (sent by recorded delivery so I know it got there!)
"Maria Miller, minister for disabled people, told the committee that where people had their benefits wrongly stopped there would be process changes to ensure this did not happen again."
Stop persecuting me as some sort of pariah - I worked while I could, paid all my Income Tax and NI stamps - I have an entitlement to be helped (I did not choose to 'claim' this benefit, I am 'obliged' to claim it) not hounded. I have been medically retired - three recommendations by proper consultants and practitioners - so what does the ATOS number cruncher know about me and how I've coped over the years?
And to cap it all, if the age retirement is re-jigged as promised and I get my proper retirement age back instead of an additional 2 years and 1 month - then by the end of April 2012 (six short months away) I would never, ever have to discuss my physical condition with anyone but my consultant ever again - but instead, because of the INCOMPETENCE, I can't stress it enough, INCOMPETENCE of these government departments I am discriminated against in the most base way.
I really have had enough and am at the end of my tether - how would you like to be in pain all day, every day, how would you like to be frustrated at every turn, knowing that even the limitations you used to have and could cope with are now zero, how would you like to have an open wound that has been seeping malodour since 1984, how would you like to be on a permanent diet of antibiotics which, with the immobility, has made my weight rocket! How would you like to know that if your car is unavailable then you are housebound - what more do these people want from me? Welcome to my world!
Yours sincerely
J A*** L***
The Fb rant on 9th June :
"The DWP (Department of Work and Pensions) have sent me another form to fill in about my capability to work - they obviously think I am a LYING SCUMBAG BENEFIT CHEAT. I exposed their bullying tactics, their lies and their gross errors last year, time to go into battle (metaphorically in case anyone thinks I'm fit enough to be a marine) again. As if I haven't got better things to do with my time!"
The message to MP Mark Spencer and his response
J Anna Ludlow posted to Mark Spencer Mp
Mark Spencer Mp Anna, can you forward a copy of the letter to my office at 3 vine terrece, Hucknall. We will look in to it if you want us to. Mark 09 June at 10:13 ·
J Anna Ludlow Thank you Mark, I certainly will - however I will, being a good citizen, complete the form and send it to them and will supply you with a copy so that you are aware exactly what is involved. Am impressed that the social networking brings such swift responses. Thank you again.
The Front Page narrative:
The OMG page, created on the 18th July 2011, featured the latest letter I received from the DWP apologising yet again for their errors and this, is from a government professional body which is trying to 'enable' the 'disabled' - yeah right, they can't even get my name right and as for the grammar - well, read for yourselves - here or in .pdf format here
=============================================================================================
Eventually I will transfer the whole saga which started 18 months ago onto this site to help others avoid going through what I have endured! Disability is a very private thing and difficult to talk about to someone who has no understanding or empathy of an individual's concerns, issues and how they cope with every day life. "A plague of boils on all of them" - I don't mean that but it makes me feel a bit better!
And here is a record of telephone calls to the DWP immediately after completing the form and placing my comments on Fb:
Medical Questionnaire Saga again ……
On Wednesday, 8th June 2011 I received a Medical Questionnaire from Medical Services (Atos) on behalf of the DWP (Department of Works and Pensions).
I was very unhappy about receiving this so soon after the decision to reverse my status from the work-related activity group to the support group.
The questionnaire consists of 20 pages that require filling in and is very invasive.
The covering letter is threatening and implies a withdrawal of benefit if not received by a specified date.
On Thursday, 9th June I placed a comment on my wall on Facebook, a social networking facility.
It stated what I felt at the time : “The DWP (Department of Work and Pensions) have sent me another form to fill in about my capability to work - they obviously think I am a LYING SCUMBAG BENEFIT CHEAT. I exposed their bullying tactics, their lies and their gross errors last year, time to go into battle (metaphorically in case anyone thinks I'm fit enough to be a marine) again. As if I haven't got better things to do with my time!”
I also placed a lesser version on the wall of my MP – Mark Spencer : “The DWP (Department of Work and Pensions) have sent me another form to fill in about my capability to work - they obviously think I am a LYING SCUMBAG BENEFIT CHEAT. I exposed their bullying tactics, their lies and their gross errors last year and they were forced to u-turn on every point. What right do they have to persecute and humiliate me this way again?” Who responded with :
“Anna, can you forward a copy of the letter to my office at 3 vine terrece, Hucknall. We will look in to it if you want us to. Mark” (I’m leaving his original spelling errors so no-one thinks this is an inaccurate record.)
and I replied with :
“Thank you Mark, I certainly will - however I will, being a good citizen, complete the form and send it to them and will supply you with a copy so that you are aware exactly what is involved. Am impressed that the social networking brings such swift responses. Thank you again.”
I spent the whole of Thursday, 9th June completing the form and copying copious documents as additional evidence – including, yet again, a copy of the Certificate of Permanent Incapacity with which I have been issued which whose value and importance they do not seem to understand or are incapable of understanding!
I created three of everything, the original questionnaire and copies of correspondence for the DWP, a bundle consisting of the cover letter from Medical Services, 18 of the 20 pages to Mark Spencer and most of the documents with the exception of a repeat prescription example which I had included in the main documents for the DWP. The bundle I kept for myself was a copy of the medical questionnaire which I shall just copy over in future as there is little likelihood of much change except deterioration or death.
The bundles were to be sent recorded delivery to the DWP via Atos and delivered by hand to Vine Terrace on Friday, 10th June, by my ever obliging husband.
On Friday, 10th June, frustrated by the events of the previous two days I decided I would ring Carole Osborne (the Jobcentreplus Appeals Officer) to ask her why, after such a short time following the u-turn on my appeal, did they feel they needed to send me another Medical Questionnaire? What had prompted them to think that there would be any change between November of last year and early June 2011?
After going through the number crunching rigmarole at on the Jobcentreplus switchboard and getting through to an operator I asked to speak to Carole Osborne – the riposte was “Never heard of her.” I responded to the operator and told him that I felt that that was neither an appropriate nor helpful answer. He grunted at me to tell him what it was about but first I would have to provide my National Insurance Number (a fair reference point), and for security : my home telephone number, my marital status and whether or not I was receiving any other benefit.
Once we had overcome that hurdle I asked the question of the switchboard operator that I intended to ask Carole Osborne – I then received a tirade about how people had been on benefit for 25 years (although that might not necessarily apply to me), that they had not been investigated in all that time (although that might not necessarily apply to me), that the medical questionnaire had to be filled in so that the DWP could assess if I needed to attend another medical (although that might not necessarily apply to me), ……. etc. etc. etc. All the rhetoric was punctuated with ‘although that might not necessarily apply to you’.
I felt I was not getting anywhere and insisted that I be put through to a manager. I was told (his diction was not very clear) that managers did not take calls at random but had a dedicated ‘free’ hour when they would deal with telephone enquiries. I asked when the free hour was likely to be – I was informed quite tetchily that it would be in ‘free’ hours. The penny dropped, the word was ‘three’ – so I surmised that there was a three-hour window from original enquiry to response.
About an hour and a half later I received a call from either an Alison or an Anne (they are not very good about giving their names and no surname is ever involved) who was responding to my ‘claim.’ She also mispronounced Jadwiga and as I could not be bothered to explain that I do not use that as my identification name despite it being my first name, they don’t understand the concept of Christian or in this case given or second name, and when I explained how to pronounce my name it passed over her as unimportant. I asked her for her position which she was reluctant to give and so I asked if she was a manager as I had been promised a call from a manager. No, it transpires she was a clerical assistant and it was her turn to respond to the ‘e-mails’ and that was what she was doing. What was my telephone number – so I told her it was the one she had just dialled (well, I was getting tetchy too!), what was my marital status, and whether or not I was receiving any other benefit.
At this point when she also referred to my ‘claim’ I asked what was meant by that. For me a claim is e.g. I am burgled and something is stolen and I put in a claim to my insurance company for restitution of value – it was a difficult conversation until finally it appears the word ‘claim’ is used for receipt of benefit. Throughout I felt as if I was somehow abusing the system.
Finally on asking the question about the form, the answer came back like a slingshot – it’s an error, it shouldn’t have been sent until September. Blood was beginning to boil – I asked her to repeat what she said and told her that I would like confirmation in writing of their error – ‘if that’s what you want’ she said. I then asked her what would happen to the form I had spent hours filling in and had already sent of – she informed me that it would be filed and I would be sent another in September. I asked why the form I had completed could not be submitted in September ‘because the information would not be the same.’ I wondered how she knew that but just said ‘Yes, I could be dead by then.’ ‘What do you mean?’ she said – I told her that in view of what had transpired I still felt I needed to speak to a manager.
So, Sally the Team Leader rang me and I had to tell her everything that had transpired so far. At least she made some effort as she is responsible for weighing up each ‘complaint on its own merit’ – imagine, someone employed to do just that, must be lots of complaints. Once again it fell to her to admit the error and to say ‘I can only apologise’ and of course she could only apologise for the fact that I was unhappy at my treatment by the previous two individuals.
Sally’s solution was for her to look out for the form and to let me know*** when it arrived and then to look after it personally until September and then contact me to see if I wished to submit it as it was or make any changes. I agreed that that would be the preferred option and asked her if she was prepared to confirm in writing, she said she would. I asked why I had been told otherwise by the other person, Sally ‘could only apologise again.’
I also found out that the September questionnaire would have been issued for a November review (that makes more sense as the decision was overturned in November) and they are required by law to give two months notice for completion and return – hence September for November. I asked her to give me a web reference for the specific legislation – she went to ask a colleague who did not have it to hand. Sally said she would ring me with the information.
Ann(e) or Alison (not Sally) rang with the information – again on answering the phone Jadwiga was mispronounced, I corrected the pronunciation to be greeted with ‘whatever’ – (I’m logging this as a direct example of insolence and deliberate disrespect by this individual) and was asked ‘What was my telephone number, what was my marital status, and whether or not I was receiving any other benefit.’
She then asked if I had a pen and gave me the details – I asked for a web-address ‘You can Google it’ was the response. Oh dearie me, and yes I can and will, so that I have a very good understanding of the legislation and don’t get any more nasty surprises like the one they will when this appears on my web-site!
When Andrew got home, he told me he had been to Vine Terrace and I asked what it looked like – he said it certainly didn’t look like anything from the outside but once inside he could see it was shared premises. He rang the bell for the MPs office and a voice asked him if he was somebody specific, Andrew said that he wasn’t that person but that he had a document for Mark Spencer MP – imagine his surprise when Mark Spencer himself took the envelope from him – neither of them, apparently, blinked an eye.
At least I know that one set of documents has been delivered safely!
*** Sally has not yet, as at today’s date (19th July 2011), confirmed that the form has arrived but at least I know it must have done as it is mentioned in the badly written letter from the MP which I received yesterday.
The web reference for what they gave me (Employment and Support Allowance 2008 Part 5 Section 19 paras 7 and 8) is found here:
http://www.legislation.gov.uk/uksi/2008/794/regulation/19/made
However Part should read chapter, section should read regulation.
The relevant bits are here:
Determination of limited capability for work19.—(1) For the purposes of Part 1 of the Act, whether a claimant’s capability for work is limited by the claimant’s physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require the claimant to work is to be determined on the basis of a limited capability for work assessment of the claimant in accordance with this Part.(2) The limited capability for work assessment is an assessment of the extent to which a claimant who has some specific disease or bodily or mental disablement is capable of performing the activities prescribed in Schedule 2 or is incapable by reason of such disease or bodily or mental disablement of performing those activities.(3) Subject to paragraph (6), for the purposes of Part 1 of the Act a claimant has limited capability for work if, by adding the points listed in column (3) of Schedule 2 against any descriptor listed in that Schedule, the claimant obtains a total score of at least—(a)15 points whether singly or by a combination of descriptors specified in Part 1 of that Schedule;(b)15 points whether singly or by a combination of descriptors specified in Part 2 of that Schedule; or(c)15 points by a combination of descriptors specified in Parts 1 and 2 of that Schedule.(4) In assessing the extent of a claimant’s capability to perform any activity listed in Part 1 of Schedule 2, the claimant is to be assessed as if wearing any prosthesis with which the claimant is fitted or, as the case may be, wearing or using any aid or appliance which is normally worn or used.(5) In assessing the extent of a claimant’s capability to perform any activity listed in Schedule 2, it is a condition that the claimant’s incapability to perform the activity arises from—(a)a specific bodily disease or disablement;(b)a specific mental illness or disablement; or(c)as a direct result of treatment provided by a registered medical practitioner, for such a disease, illness or disablement.(6) Where more than one descriptor specified for an activity apply to a claimant, only the descriptor with the highest score in respect of each activity which applies is to be counted.(7) Where a claimant—(a)has been determined to have limited capability for work; or(b)is to be treated as having limited capability for work under regulations 20, 25, 26, 29 or 33(2),the Secretary of State may, if paragraph (8) applies, determine afresh whether the claimant has or is to be treated as having limited capability for work.(8) This paragraph applies where—(a)the Secretary of State wishes to determine whether there has been a relevant change of circumstances in relation to the claimant’s physical or mental condition;(b)the Secretary of State wishes to determine whether the previous determination of limited capability for work or that the claimant is to be treated as having limited capability for work, was made in ignorance of , or was based on a mistake as to, some material fact; or(c)at least 3 months have passed since the date on which the claimant was determined to have limited capability for work or to be treated as having limited capability for work.
Eventually I will transfer the whole saga which started 18 months ago onto this site to help others avoid going through what I have endured! Disability is a very private thing and difficult to talk about to someone who has no understanding or empathy of an individual's concerns, issues and how they cope with every day life. "A plague of boils on all of them" - I don't mean that but it makes me feel a bit better!
I recently discovered this website : CommunityCare.co.uk who seem to have taken on board many of the criticisms I have made against Atos who treated me appallingly throughout my assessment, then got it wrong and had to do a u-turn. One enlightened article about them can be found here entitled
"MPs slam major failings in disability benefit assessments"
Yes, but only after people like me send letters of complaint to our own MPs so they have to do something! In the event the web-page is pulled or disappears, the article is reproduced here.
Page updated : 11th November 2016