The forum has now moved to www.dwpexamination.org
It is a well established fact that the DWP Personal Capability Assessment is difficult to pass. This is because the DWP and ATOS Healthcare have conspired against the sick and disabled and have deliberately designed the assessment to benefit the DWP and not, as it is reported to to help the claimant back to work. This biased assessment is little more than an official method of denying you benefits you may be legally entitled to. There is an appeals procedure, however it is a very long and drawn out process which can take up to a year to resolve so be prepared for a siege. Based upon evidence and case studies provided by P.C.A. veterans I have put together a check list you may wish to run through before you go to your appointment.
An assessment sheet and contact form can be found on this blog on the assessing ATOS page and in the useful templates section on our sister forum http://www.dwpexamination.org
On receiving communication to attend from ATOS contact your local authority welfare rights officer or CAB IMMEDIATELY for assistance in completing the ESA 85 or IB50 form.
It is imperative you read these three Manuals to understand the ESA WCA with a view to gaining enough points to pass.
You must be aware ATOS HEALTHCARE will use any excuse to deny you benefit. (NB) They do not have compassion or sympathy, and don’t listen to sob stories.
Google ESA WCA Descriptors click on ESA work capability descriptors.
Google LiMA V3 technical manual med IBPW001e
Google ESA Handbook 1 Finalmed-esahb-01
Use the wording in the descriptors to explain your condition
Be prepared to make extensive notes including name of caller etc of any calls to or from the DWP or ATOS after receiving the form. Record these if possible
When completing the form make sure you stick to facts you can prove, do not embellish your symptoms, be precise in your use of medical terms.
Make a full copy of the ESA85 or IB50 form BEFORE YOU POST IT.
Do not include any copies medical reports or additional information as this will be ignored by the ATOS HCP, this information should be handed in by appointment to the Decision Maker when you start the appeals process.
Make arrangements to be accompanied on the day of the examination, make arrangements for a stand in, in case your first choice can not go on the day.
Make a list of any medication you are taking.
Make an accurate list (times and dates) of any Doctors appointments, specialists appointments Hospital visits, doctors visits, hospitalisation in relation to your claim etc
Always attend accompanied
Record your arrival time
Record waiting time
Record time examination starts
Do not be afraid to decline physical movements if they would cause you pain.
Record HCP name
Record HCP Title & or qualifications
Get your companion to make notes during the examination.
Record time examination ends
Record the time you leave
Check the credentials of your HCP with the BMA or GMC.
Call your local JC+ within 24 Hours requesting a copy of the HCP report.
Do not take any further action until you have the Decision Makers report.
If you have been passed fit for work you must act immediately to appeal, you have one month from the date of the letter to do so.
Under new rules the appeals process requires you to appeal directly to the Decision Maker first, this has always been the case, but the difference between the new rules and the old rules is they do not need to pay you the assessment rate while they are considering, and now if your appeal is considered or reconsidered and disallowed you have to appeal the the first tier tribunal on your own, the DWP will no longer do it for you. Be prepared to wait this can take a while.
Make a F.O.I. request for any information ATOS Origin hold on you
Make a FOI request for a copy of the video footage of you entering and leaving the building.
Make a FOI request for any audio recordings ATOS may have made during the time of your visit (even if they are for training purposes).