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DWP " Medical " Assesment :(

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  • sox8369
    sox8369 Posts: 288 Forumite
    I am sorry that your medical failed - i am afraid that i dont know much about ESA etc - but just wanted to wish you all the best for the appeal and also for the future x
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    rbradley89 wrote: »
    Hello Everyone,

    Got my letter today saying I failed with 0 points, I was expecting after reading the stories on here.

    I have written out a letter saying that I want to appeal and to claim ESA at the assessment rate until the appeal is heard.

    I am due to be paid on Tuesday, Will I receive the payment or not?

    If I am doing this wrong, please advise me.

    Thanks
    You might get it as usual this Tuesday just depends on whether they have implemented the decision or not and/or whether they have registered your appeal.

    Sorry to hear that you failed. Genuinely.
  • FTW
    FTW Posts: 8,682 Forumite
    Appeal straight away. I also advise that anyone attending an Atos 'medical' should audio record it (without telling Atos you're doing it).

    You can then use the recording to prepare a transcript and/or submit the actual recording as evidence during your appeal hearing (usually held by a judge and a doctor.).

    Contrary to what others may say, recording the medical without telling Atos is not unlawful.

    I did that because I attended an Atos medical previously, and had a load of lies told on the report - so I wasn't going to fall for the same trick again.

    My tribunal hearing was this week. The hearing has been adjourned to a later date, because there's so much evidence to take into consideration. But before I was told of the adjournment, both parties said that they had doubts and issues with the Atos doctor's report. So, the signs are good.

    I'm so sore about Atos that I even recorded a few Youtube clips relating to 'Adolf Stealthcare', which seem to have struck a chord. I also recommend Mike Bach's site - if you do a 'Mike Bach Atos' google search, you should find his site quickly.
  • Natty68
    Natty68 Posts: 3,467 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    rbradley89 wrote: »
    Thankyou so much for that, its good to talk to people who have been through the same.

    Medical was yesterday, lasted about 20 minutes, I told her how it affects me etc etc.

    Did an exam on me, legs, touching toes, etc.

    Hopefully they will see that I am not well.

    If I dont pass, and I want to appeal, can I still claim the assesment rate?


    I am sorry that you didn't pass your medical hon. I've been through what you've been through regarding court cases due to abuse as a child. Unfortunately I never addressed these issues at the time and they have taken their toll over me over the years, to the point where my mental health has been affected.

    But the reason I am writing is I'm confused as to why the examiner did the exam on you i.e. legs, touching toes etc. Surely you were being assessed on the mental health section of ESA and not the physical. If they assessed you on this section then you would have failed, but if the mental health exam was done then I can't see how you would have failed.

    Totally confused now with what exams ATOS are doing, seems to be whichever ones they feel fit to do on that day.. Maybe they need to read up on what the different sections are..:D

    Good luck with everything and I hope your appeal is successful.
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  • so sorry that you failed your medical, my mother is in a similar situation she was abused as a child her mental health has not been good for 20+ years, my mother has only started getting esa as she left her job her descision but for the last 15 she was diagagnosied bi-polar lke you she can touch her toes and walk and sit and stand, but her mental state is not very good and i dread her medical i want to wish you every sucsess with your appeal and hope it works out,like the other posts keep your chin up !

    on a totally diffrent note i get 75mg a night for the prevention of my migraines, i knew that it was used as an anti depressent but i think i will have to have a word with my doctor.
  • rbradley89
    rbradley89 Posts: 17 Forumite
    Hello Everyone,

    Yesterday I got a copy of the medical report and its quite f*cked me off.

    First of all, most of the report is my physical abilities eg, cooking, cleaning, keeping myself clean, walking to the shop etc, there is nothing wrong with my physical abilities.

    My problems are with depression, anxiety, panic attacks, and insomnia and because I was not sat in the chair shaking like a !!!!!!!! dog I am OK to work, I will quote what they written.

    " Although customer has some difficulties with anxiety and depression and panic attacks, they are not as a sufficient level to satisfy DWP criteria "

    Is this even worth appealing? maybe I am ok for work.

    I am so confused.
    :(
  • rbradley89 wrote: »
    Thanks for the replys everyone, its greatly appreciated.

    I am needing to go see my GP sometime this week as I feel the amitriptaline is not helping with my depression so I am most likely going to be put on a higher dose.

    I will go see my local CAB tomorrow at some point to discuss this.

    Worse case scenario I fail this " assesment " what do I do then as my Dr says I wont be fit for work for quite a while, does it mean going on JSA?

    Not in my experience

    Appeal straight away. I contacted my local Welfare Rights office in Durham and they handled the appeal regarding my 1st application for ESA. CAB may point you in the direction of Welfare Rights.
    While appeal is in progress you should continue to receive ESA. If you do appeal you will eventually have to go to a tribunal where you will appear in front of a panel of three people and they ahould make a decision on the day.

    CAB would have been the 1st link in the chain for me but i contacted Welfare Rights directly following a conversation with someone who had gone through a similar process. I do remember requesting letters of support from my doctor / Rheumatologist / Haematologist. The "assessment" is a doctor from a healthcare firm who runs through a series of questions that appear similar to what appear on the application form for ESA.

    Its only my 2nd time responding to a question on a forum so please excuse any lack of etiquette
  • rbradley89 wrote: »
    Hello Everyone,

    Yesterday I got a copy of the medical report and its quite f*cked me off.

    First of all, most of the report is my physical abilities eg, cooking, cleaning, keeping myself clean, walking to the shop etc, there is nothing wrong with my physical abilities.

    My problems are with depression, anxiety, panic attacks, and insomnia and because I was not sat in the chair shaking like a !!!!!!!! dog I am OK to work, I will quote what they written.

    " Although customer has some difficulties with anxiety and depression and panic attacks, they are not as a sufficient level to satisfy DWP criteria "

    Is this even worth appealing? maybe I am ok for work.

    I am so confused.
    :(

    Keep the appeal process going as long as you can. Having left the firm i worked for on the grounds of ill health (anxiety and depression) it is a long struggle.
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    Not in my experience

    Appeal straight away. I contacted my local Welfare Rights office in Durham and they handled the appeal regarding my 1st application for ESA. CAB may point you in the direction of Welfare Rights.
    While appeal is in progress you should continue to receive ESA. If you do appeal you will eventually have to go to a tribunal where you will appear in front of a panel of three people and they ahould make a decision on the day.

    CAB would have been the 1st link in the chain for me but i contacted Welfare Rights directly following a conversation with someone who had gone through a similar process. I do remember requesting letters of support from my doctor / Rheumatologist / Haematologist. The "assessment" is a doctor from a healthcare firm who runs through a series of questions that appear similar to what appear on the application form for ESA.

    Its only my 2nd time responding to a question on a forum so please excuse any lack of etiquette

    The panel for an appeal for ESA consists of 2 people; a Legally qualified Judge (Chairman) and a Doctor.
  • rbradley89 wrote: »
    Hello Everyone,

    Yesterday I got a copy of the medical report and its quite f*cked me off.

    First of all, most of the report is my physical abilities eg, cooking, cleaning, keeping myself clean, walking to the shop etc, there is nothing wrong with my physical abilities.

    My problems are with depression, anxiety, panic attacks, and insomnia and because I was not sat in the chair shaking like a !!!!!!!! dog I am OK to work, I will quote what they written.

    " Although customer has some difficulties with anxiety and depression and panic attacks, they are not as a sufficient level to satisfy DWP criteria "

    Is this even worth appealing? maybe I am ok for work.

    I am so confused.
    :(


    I had to appeal against an unfair Atos medical last year, but to be honest, wish I never bothered, the judge was a right swine, and totally ignored everything I said, if I had known now how stressful the appeal would have been I would never have gone through it! since then I have managed to find a job that I can do from home now, and decided to put it all behind me for the sake on my sanity! Good luck if you do decide to appeal, but in my opinion, if you have mental health issues, you dont stand a chance xx
    what goes around, comes around...........
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