DWP " Medical " Assesment :(

caroljohnson_2

my daughter went for a atos medical ystrday
she was diaggnosed in April this yr wit a condition that is rare
she was in hosp 28 days had 2 operations 3 lumber punctures scans etc
she was in intensive care and has now got a shunt in her spine draining some fluid away from her brain into her stomach she is almost blind in 1 eye and has blind spots in the other she has panic attacks memeory loss and cannot stand for long as she falls over and bright lights affect her
her condition is idiopathic intracranial hypertension
she went for a medical ystrdy an asian dr that smiled all the way through the medical and kept saying her condition will improve, doh!!!! umm no she wont DR we need a cure or more operations, she may have to have an operation on her optic nerves to improve her sight we dont know,
my daughters shunt will need changing every few yrs they may decide to put a shunt in her brain eventually and her blindness is permanant she is on a medical list in the USA as its so rare, she cant sleep either and can never fly to see her dad again,her dad has barely any money living as a teacher in Thailand so she is very down at the moment
i told him this he said he dwp will look at her again in 6 to 12 months
my daughter applied for her disability in April and shes still waiting for a reply
im fuming

rbradley89

Hello Again,

Today I received a big set of letters from the job centre, it says its the papers they will send to the tribunal.

I have read through it and its just a lot of forms I filled out before and the letter stating why I disagree with the decision, they have also not changed it.

The last page says :

“ Mr Ross Bradley has appealed against the decision 21/07/10, I have looked, to reconsider the decision under appeal, and cannot see any reason to change the original decision given.

Mr Bradley has appealed the decision on mental health grounds, He states he is suffering from depression and is having suicidal thoughts. I have considered the description of a typical day and the answers to the questions on form ESA50. I agree with both healthcare and the original decision makers decision. I can see no evidence of significant disability affecting his mental, cognitive and intellectual functions.

Mr Ross Bradley has not provided any additional evidence to enable me to change the decision, and I can find no error in the law in the original decision given. “

What happens now, can someone please advise me on how to reply to this, I am booked in tomorrow to see my GP to get a letter of him to help my case.

I sent in another sick note a few days ago, will I still be paid the assessment rate?

Is this even worth fighting, I don't have will power to go on much further, I feel like crying right now

Thanks,

Ross

dmg24

What evidence have you submitted to date?

rbradley89

dmg24 wrote: »

What evidence have you submitted to date?

I am going to sound so stupid here, but non, I sent a letter in explaining why I thought the decision was wrong, thats all.

I will be on the ball tomorrow, so if there is anything else I can do to help make them change there mind, please advise, thankyou.

cit_k

dmg24 wrote: »

You should not need someone to advise you before the medical. You just need to give full and honest answers.

I was just about to write that you had failed the medical (that was before reading down to your last post which confirmed it).

They have done to you what they did to me on my first IB medical.

They have given you the wrong medical.

If you are claiming on mental health grounds, then they should have done the mental health assessment, but from what you describe they have done the physical assessment.

ATOS are so clueless, it beggars belief.

Step 1 - let them know you are going to appeal, details of the form were already posted earlier in the thread.

Step 2 - Ring them up and ask them for a copy of your medical report. (so you have it for evidence). DO NOT LOSE IT, as the DWP have been known to loose embarassing evidence (tehy did it to me...)

Step 3 - see if you can contact the CAB or welfare rights.

Hopefully when you tell the DWP of the reasons for wanting to appeal, a decision maker will see the obvious and undo the decision (and perhaps have you called for a fresh medical).
However, dont expect it, Im not convinced decision makers even bother reading what you send them a lot of the time, after all they did not reconsider my decision when the same happened to me.. But I was unaware they had done the wrong medical, if you make it quite clear then you may have more luck...

cit_k

spring_chicken wrote: »

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

I would love to know whats going on with the appeals, maybe the process has changed, maybe its the fact they are buckling under the strain of all the appeals, but there was a distinct change in my last appeal from my previous ones.

Previous ones were quite friendly, fair, non pressuring, unbiased, etc.

Last one was a nightmare... Im hoping it was just a one off, not a ethos change.

cit_k

rbradley89 wrote: »

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

I am so confused.

Appeal.

If you have a pulse these days they will tell you that your fit for work a lot of the time.

Fight them.

If you get called in for a fresh medical take a witness if possible, and if you can buy a small discrete voice recorder, do so and record the medical covertly (ie DO NOT TELL THEM YOU ARE RECORDING or you will be refused benefits) for evidence.

Appeals should be thought of as part of the normal process of claiming these days for many, its disgraceful, and probably illegal how they operate, but there is not much joe public can do other than appeal and complain.

cit_k

rbradley89 wrote: »

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

Yes, you should still be paid while you appeal.

At least during the first stage, if you have to take it to a second tribunal they are happy to let you starve (or claim crisis loans which you have to pay back) for a considerable time period, unless you claim a different benefit, in your case that would be JSA, which technically you should not claim if unfit for work....

cit_k

rbradley89 wrote: »

I am going to sound so stupid here, but non, I sent a letter in explaining why I thought the decision was wrong, thats all.

I will be on the ball tomorrow, so if there is anything else I can do to help make them change there mind, please advise, thankyou.

It may be worth ringing the DWP to ask to speak to the decision maker that will be reconsidering your case (when you put in for an appeal they are meant to do an automatic reconsideration first).

Stress that the wrong medical was done, that you had been tested for physical problems, not the mental assessment that should have been done.

They should really cancel the decision and arrange for a new medical.

Of course what they should do, and what they will do are not always the same, but its worth a try and may get better results than doing it in writing (which should also be done if they dont agree on the phone) as you are making sure someone does get to hear your case...

Miss_Ben_E_Fit

My main piece of advice to anyone having to attend a medical for ESA/DLA IS DONT ATTEND ALONE (unless you have no choice)!

By that I mean you should first of all try and get a home visit. If this is not possible get someone to go with you.

Just by attending medical you can lose points: You will be unaware till you ask for report after medical:

Drove yourself?

Claimant has no difficulty sitting for long periods of time and has no problem initiating and sustaining action (Mental Health and Physical Section)

Arrived by public transport?

Claimant has no difficulty standing, sitting and initiating and sustaining personal action. (Physical and mental health section)

Appearance clean and tidy?

Claimant has no difficulty reaching or with manual dexterity does not need encouragement to dress.

Arrived and went to reception to give your name and appointment letter?

Claimant does not have problems with memory and communication (mental health)

Sat down until doctor called your name?

Does not suffer from agoraphobia to any serious extent and can sit for long period.

Did not ask for key to use toilet?
Does not have problems with incontinence and voiding