Employment and Support Allowance (ESA)
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is it to late to complain about my assessor?

Fedup2Fedup2 Member Posts: 4 Listener
I had a medical assessment from an ATOS health professional. I had it at home after my partner sorted it for me.I suffer badly with Anxiety & depression i also have 2 Chronic conditions & a heart condition.( I was in an abusive controlling relationship for 18 years,this was 15 years ago but is still affecting me.) I had an ESA Support assessment a few months before .It was fine. But the ATOS one was not,She phoned an hour before her morning appointment I had to get downstairs to answer,she told me she was doing me first as it was easier for her & she would be there in half hour. I stayed downstairs as i find the stairs hard as knee's painful.She didn't check my disability ignored anything i said & kept telling me she knew what she was doing she was a health professional. She based her whole report on the fact i picked up a cup of tea & i looked her in the eye.She was intimidating rude & made it feel like being there was a waste of her time.I spent the next 3 weeks after seeing her report in a state of depression & had really bad anxiety attack.I could not believe the lies it was all rubbish. but i have no proof,i asked them to look again & got a letter back saying they had & nothing changed due to the state i was in after the look again was turned down i was past my appeal date & being told a paper appeal would probably fail,i couldn't get myself or evidence together in time.My life has changed  i'm on standard Daily & 0 Mobility. My partner has been telling me not to do anything incase i loose the lot.This was end of October last year & the only proof i have now got is the ESA medical report is it to late to complain ? (sorry it's such a novel. ) 


  • sdoc94sdoc94 Member Posts: 140 Pioneering

    Hi, I am very sorry to hear about this situation it sounds very stressful. I only have experience with PIP but I have been told that you can appeal one decision i.e. only the mobility element.

    Maybe @CockneyRebel could shed some more light on this?


  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Fedup and welcome

    First, it is not to late to complain as you were obviously traumatised by the treatment of the assessor
    Second, How many points did you receive for DL ?
    If you ask for a tribunal appeal you can ask for just the mobility to be looked at but with standard DL only you may want this looking at as well

    Have a look at the B&W self test to see where you should have scored points


    Lastly, for now, you are not to late to appeal to the tribunal. With good reason you can make a late appeal upto 13 months
    To start a tribunal appeal you only need to submit form SSCS1 and basic reasons for your appeal. You will have some time to gather any evidence and prepare your submission. It does not have to be done now


    Be all you can be, make  every day count. Namaste
  • Fedup2Fedup2 Member Posts: 4 Listener
    @CockneyRebel  Great name by the way. Thanks very much i will have to look into it,i can't do face to face appeal,as i live in the back of beyond & my nearest Tribunal is a 52 mile round trip,i just can't do it, So would have to be a paper appeal. Thanks for this info didn't know you could appeal unless within the month. 
  • mikehughescqmikehughescq Member Posts: 6,563 Disability Gamechanger
    Doesn’t have to be a paper appeal at all. Could be at your place; by phone or over Skype. You simply have to ask for a reasonable adjustment.
  • Fedup2Fedup2 Member Posts: 4 Listener
    I nearly had a breakdown trying to get them to come here for medical,my partner took 3 days of calls to sort it,there is no way they will come here for appeal & bring a whole panel with them.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    The panel only consists of three members and it is your right to be heard. Please look at the options that mike has suggested  he knows what he is talking about


    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Member Posts: 6,563 Disability Gamechanger
    The very fact you had a medical at home should be used to ask for an appeal at home. Nowadays HMCTS send someone out in advance to do a health and safety risk assessment. If they do then you’re in business. If they don’t then you will be offered plenty of alternatives as they really don’t doing domestic hearings if they can possibly help it. The more you push the better the choices you’ll be given.
  • becky1ukbecky1uk Member Posts: 2 Listener
    How do I report my aserer who came to my home yesterday help plase
  • mikehughescqmikehughescq Member Posts: 6,563 Disability Gamechanger
    In writing by email and keeping a copy of the text pasted in a Word document. Use the DWP assessment provider guidance as a guide to whether they’ve done anything they ought not to.
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