I have a primary brain tumour and was so unhappy at my treatment by the DWP and Atos that I provided written evidence to the Parliamentary Inquiry and have published all my correspondence on my website http://www.whywaitforever.com/dwpatos.html
, the contract and other information. Under the Freedom of Information Act I obtained an extract of the contract between the DWP and Atos. This states those with the medical condition "Fibromyalgia" come under the category "Tentatively invite to Medical Examination Centre".
Remember after submitting your ESA50 form you can and should ask for the medical justification in writing that a face to face assessment is necessary. Point out that you may want to ask the GMC to review the medical justification. The contract between the DWP and Atos is clear in respect of medical conditions that mean a face to face assessment is not necessary. An Atos appointment clerk will hound you. Be polite and just email Atos asking for the name of the medical advisor and the medical justification. Avoid the phone use email. You need to keep a full record of your correspondence.
Even if a face to face assessment is deemed necessary there are certain medical conditions listed in the contract for which the assessment must be carried out by a specialist in the particular medical condition or the medical advisor MUST contact your GP and or Consultant. My reading is that "Fibromyalgia" needs a medical advisor to contact your GP and or Consultant. If this was not done my understanding is that the Atos advice to the DWP was unsound. If travel to the assessment centre is adding to your stress, point this out in an email and insist on a domicillary visit (Atos will visit you at home). When they arrive, check they have specialist knowledge in your medical condition. I have heard of a number of instances where the health care professional has backed off at this point because if carried out the assessment would constitute an assult. You report them to the GMC and they would be in danger of being struck off. After the assessment make sure you get a copy of the medical report and that it was carried out by a "qualified" medical advisor as defined by the contract.
If you are denied an allowance, the stress of this can make your medical condition get worse. Ask for a reassessment. If like me you can’t write anymore the DWP will complete your ESA50 for you and send you a copy for you to approve. Remember they do not have access to your medical history and they are believed to be rewarded when they reduce the allowances that are paid out. Insist that the allowance is paid while investigations or reassessment is ongoing.
Remember the DWP appeal process does NOT deal with medical matters. It ensures the correct legal processes have been carried out. It is the Atos appeal process which has to be followed. In my case agreed that Atos provided unsound medical opinion to the DWP and have breached the contract between the DWP and Atos on multiple occasions. I have received the first part of compensation from Atos. Why the DWP is not enforcing the contract between the DWP and Atos is being investigated? We shall see if there are individuals in the DWP who have been subject to undue influence.