atos medical fear

Garlicbread

I think it's really poor that you only got 12 points. It's really hard to get some illnesses and disabilities to 'fit' into the questions they ask. I too have all this to come as I have recently started claiming ESA and am about 3 weeks into the assessment phase. I have Cystic Fibrosis and had a very sudden and unexpected decline in my health last year. The thing that worries me about the medical is that it can be deceptive for someone who knows nothing about CF to appreciate that whilst on the outside one can appear fit and healthy, I have to live life with the equivolent of less than one lung. I guess this is the same for any invisible disabilities or conditions. No doubt I will end up having to appeal too.

Be strong anyway - like you say you have been through worse and come through the otherside. Keep us informed about how you get on. Good luck.

Molly41

Hi,
Like you i am now really not looking forward to attending my medical. I have a chronic neurological condition which does fluctuate and I also have quite severe depression as i have been on long-term sick leave. I rang them today and they are very behind as my assessment phase finishes in the middle of June and they dont have a date as yet. What I cant understand is that I have Occupational health saying im not fit to work, my Gp and consultant. I sent all that evidence in with my questionnaire. Why is this this not good enough to satisfy Atos? The stress of having this medical, the difficulty in geting to it, is already causing me sleepless nights. Is it worth it? Good luck with your appeal. Please keep me posted.
Molly 41

nogginthenog

Garlicbread wrote: »

I think it's really poor that you only got 12 points. It's really hard to get some illnesses and disabilities to 'fit' into the questions they ask. I too have all this to come as I have recently started claiming ESA and am about 3 weeks into the assessment phase. I have Cystic Fibrosis and had a very sudden and unexpected decline in my health last year. The thing that worries me about the medical is that it can be deceptive for someone who knows nothing about CF to appreciate that whilst on the outside one can appear fit and healthy, I have to live life with the equivolent of less than one lung. I guess this is the same for any invisible disabilities or conditions. No doubt I will end up having to appeal too.

Be strong anyway - like you say you have been through worse and come through the otherside. Keep us informed about how you get on. Good luck.

You are right when you say"looks good on the outside"..If you read the Esa doctors handbook.,observation, plays a big part in the doctors advice to the decision maker.

Stroof

Look at Schedule 2 of the 2008 ESA regs (full ref is on another ESA post here somewhere, try my one "Oh No!" a few days ago) to see how the medical scoring should work - it might tell you where you feel the assessor has made a mistake, and provide a basis for your appeal.

Many people have found that the new ESA medical seemed to be very casual, and are now appealing against a decision which under-scored them. It seems designed to "fail" more people than the old PCA medical and generate more appeals.

If I were you I would write down everything you can remember which happened or didn't happen in the medical, and collect together all the evidence you can which provides an accurate picture of your condition and your true capability for work. Especially any direct clinical evidence from your GP, specialist doctor or witnesses etc which demonstrates how the original medical was wrong

Garry_Anderson

Stroof - as I have stated here before - these tests are subjective not objective.

The government hope you are having a 'good day' for examination and don't want to take into account expert opinion e.g. your doctors notes, or pain clinic specialist report, or consultant surgeon etc.

It is all about targets - reducing incapacity claimants and saving money.

http://www.news-medical.net/news/2006/07/11/18814.aspx

nogginthenog

Stroof wrote: »

Look at Schedule 2 of the 2008 ESA regs (full ref is on another ESA post here somewhere, try my one "Oh No!" a few days ago) to see how the medical scoring should work - it might tell you where you feel the assessor has made a mistake, and provide a basis for your appeal.

Many people have found that the new ESA medical seemed to be very casual, and are now appealing against a decision which under-scored them. It seems designed to "fail" more people than the old PCA medical and generate more appeals.

If I were you I would write down everything you can remember which happened or didn't happen in the medical, and collect together all the evidence you can which provides an accurate picture of your condition and your true capability for work. Especially any direct clinical evidence from your GP, specialist doctor or witnesses etc which demonstrates how the original medical was wrong

Dont forget to get a written statement from the dwp as to why they failed you.
Assumptions and presumptions have no legal standing in a court of law or a appeal tribunial.
And get yourself a good advisor to represent you!