Failed incapacity medical, wont pay esa

cit_k

dave030445 wrote: »

Ive been claiming the basic rate of ESA since July 2009 and in October 2009 I was told I would have to go on one of these ATOS medical which I failed because one of reasons wait for it I itched my head twice with both hands I mean come on. I asked for this to be looked at again but was told the decisions remains the same. And that the ATOS Assessors are GENERAL medical professionals and she had not even heard of my condition. So I had to appeal and to cut a long story short I won the appeal but as soon as you fill in the gl24 form they have to continue paying you (at the basic rate) so if you fail the medical go and appeal its not as scary as it seems. Get your DR to write a letter to say you cant work, goes a long way. And after winning the appeal in April this year I have last week go a letter saying I have to go for another ATOS medical What a complete waste of time and everyone money.

Sounds normal, they do it to me to, not long after you win, they call you straight back in for another medical so they can fail you again.

Its a clear form of harrassment.

cit_k

And when it goes to tribunal, the 'doctor' on the panel does not even have to be licenced to practice medicine.

Indie_Kid

cit_k wrote: »

The assessments are not designed to 'diagnose' and no real medical equipment is used (ie no scanners/x-rays/ultrasound, nothing like that).

But why should they use medical equipment? yes, the assessor might be qualified; but their job is not to do scans on you to see how damage is or whatever.

cit_k

sh1305 wrote: »

But why should they use medical equipment? yes, the assessor might be qualified; but their job is not to do scans on you to see how damage is or whatever.

Well, people keep saying that those on IB are faking it, so if they had diagnostic equipment, they could determine for many problems if its true or not. Or they could just accept the word of the professionals who have already done that.

But they do neither.


The assessor is usually not qualified in the area of illness/injury/disability that a claimaint has.

The claimaint will often have been diagnosed and treated by people far more specialised than the nurse or retired/struck off doctor that examines them on behalf of atos. (if you can even call it an 'examination')

tobykim

I thought if you had a medical for IB and were passed fit for work, then decided to appeal you would carry on getting benefit until the appeal was heard, is this not the case? and if you don't get through that and decide to go to tribunal what happens then?

stazi

tobykim
I thought if you had a medical for IB and were passed fit for work, then decided to appeal you would carry on getting benefit until the appeal was heard, is this not the case?
No - this is not the case and never has been. If you were entitled to Income Support this can be paid until the appeal is heard - but with a 20% reduction.

and if you don't get through that and decide to go to tribunal what happens then?
That's up to the customer-
1)they can wait for the appeal to be heard;
2)claim JSA;
3)make a new claim to IB-but this would only be considered if the medical condition had got worse.

If the condition had not got worse then the IB claim would be treated as as ESA claim- but again, this would not be considered until the ESA medical was satisfied first which is unlikely as the ESA medical is tougher than the IB medical.

If you didn't pass the IB medical- you won't pass the ESA medical.

bobo09

Mmmm i'm still confused. I did apply for ESA in July but yesterday was the first time i was told i wouldn't get any money until i passed a medical. Its been one phone call after another.

It was a nurse that i saw for my IB medical she barely took her eyes off the computer screen.

I dont see how they can tell you to claim jobseekers when i wouldn't be actively seeking work.

bethepoet

dmg24 wrote: »

Utter rubbish! The ATOS assessors are medically trained. The person that makes the final decision is not medically trained.

Are you saying I'm lying?

aimee0763

bobo09 wrote: »

Mmmm i'm still confused. I did apply for ESA in July but yesterday was the first time i was told i wouldn't get any money until i passed a medical. Its been one phone call after another.

It was a nurse that i saw for my IB medical she barely took her eyes off the computer screen.

same for me when I had my medical i might as well not been in the room with her the fact that she told me she doesn't make the decision it would be the dwp but when i got the failed letter they said it was her decision that i failed that was for my dla so in the end no one had made any decision about my dla claim i was too ill to argue the case but this time round i intend to fight dirty for my IB50 medical I will not have them denying my illness and calling my doctor a liar as a human being i have a right they will not tell me i am not sick when i am i've had since suffer so many panic attacks each time i am with my doctor i do not have any social life and last time i travel on holiday was some 13 years ago to top it all i've worked for 27 years until 5 years ago when i ended up in hospital 3 times because of cervical cancer scarce and excruciating pains not able to get up from my chair it was by my doctor's order that i should stop working and sort my health out then you get those morons just denied that you are ill so they can save money it's a disgrace for genuine sick people.

matt_bomber

I've had the same problem, have sick notes from doctor had medical and they said i was fit to work, but since i have sick notes i cant claim anything. CAB has helped by putting in a appeal which they said can take around 6 months!!! but at least i get what is called a "Appeal rate" it was such a nightmare having to live off crisis loans for several months. I'm sure the appeal will stick with their stupid decision, but by then I'll probably have hung myself )