ESA Medical Possibly Failed

gingerandrubarb

Skinticket wrote: »

just know that every movement you make is monitered and they will lie and twist things beyond belief in their favour in order to give the DM reason to stop your benefits.

they told me that i would be ideal working in a supermarket, i had a serious accident in my job which was at asda, so i had to leave, i can barely walk, yet they failed my medical.

atos are a joke.

I am dreading it, do they make you walk a huge distance? or pick up heavy things, make tea or coffee etc?
I've heard they make you do things like fastening buttons or picking up coins? is this true? x

Invalidation

Seeing that there seems to be some sort of discrepancy about these reports. Would it be permissable to record the Interview?
Im assuming that if one is too disabled then this Interview would have to be done at the claimants home. If that was the scenario would it be permissable to actually record the Interview? I have several tiny cameras that will record up to 2 hours on a small card that could easily be secreted away.
This would act as either a back up for the claimant or interviewer

CarlMethHead

I'm going to record my medical (without their knowledge), save it as a .wav file, then type up the transcript.

L-M

I'm so sorry for all those who are having a hard time:(

I was wondering.....are you allowed to have someone with you at the medical? I was just thinking that if you had someone from one of the disability/welfare rights charities surely then the report would have to be more accurate if there was an independant witness?

[Deleted User]

My ex claimed IB.., and failed the medical about five years ago. The system does not seem to have changed much.., the doctor did ask my ex to do some things.., but not as many as he said he did in the report as has been noted on here.

At one point, my ex was so obviously in pain, sweat was pouring off him, and he was breathing very rapidly from quite simple actions.., we aren't talking pretending here. I just got to a point where I couldn't stand it any longer, so I said to the doctor, can't u see he's in pain, look at him, why are u asking him to do things that are causing this amount of discomfort.., u can see he can't do them. He did stop then.., but he also made false notes in the report that he could do actions he never even tried testing him on (like walking up steps when we used the lift and he didn't ask him to walk up steps, being able to walk 100 yds when my ex specifically said he couldn't etc etc.

However, we did attend a tribunal.., and get the decision over turned. By then I had done a lot of research into how they award points and written a statement going thru the medical report point by point, showing where it was wrong, with supporting evidence from other professionals.

dmg24

CarlMethHead wrote: »

I'm going to record my medical (without their knowledge), save it as a .wav file, then type up the transcript.

Sounds like you would make a good audio typist!

L-M wrote: »

I'm so sorry for all those who are having a hard time:(

I was wondering.....are you allowed to have someone with you at the medical? I was just thinking that if you had someone from one of the disability/welfare rights charities surely then the report would have to be more accurate if there was an independant witness?

Yes, you can have a witness with you. However, there would be an argument that the person would be truly independent if they were appointed by the claimant. Whether the DWP and the claimant could mutually agree on a truly independent witness is something I have never experienced, but it would be interesting to know.

Skinticket

gingerandrubarb wrote: »

I am dreading it, do they make you walk a huge distance? or pick up heavy things, make tea or coffee etc?
I've heard they make you do things like fastening buttons or picking up coins? is this true? x

my "medical" lasted 25 mins, they ask you questions about your condition for 20 mins and the actual assessment lasted 5 minutes, the doctor never touched me once, i have fibromyalgia and suffer terribly with my knees ankles and feet, at no point in the medical were they examined.

like i said, theyre a joke.

FTW

CarlMethHead wrote: »

I'm going to record my medical (without their knowledge), save it as a .wav file, then type up the transcript.

I advise anyone scheduled to attend an Atos medical that this is what they should do.

When it gets to tribunal, even if the tribunal doesn't accept a recording as evidence (some do, some don't), there's no reason why they shouldn't accept a transcript.

My second tribunal is in the next few weeks - can't wait.

CarlMethHead

Sounds like you would make a good audio typist!


I do want to get back into work, believe I can contribute somehow... I just don't want to be suddenly homeless because they've forced me on to JSA, my illnesses have gotten worse and housing benefit will no longer pay.

I'd rather start drinking and drugging again.

cit_k

L-M wrote: »

I'm so sorry for all those who are having a hard time:(

I was wondering.....are you allowed to have someone with you at the medical? I was just thinking that if you had someone from one of the disability/welfare rights charities surely then the report would have to be more accurate if there was an independant witness?

yes you can have a witness, as was mentioned though, getting atos / dwp to agree they are independant would be hard.

Perhaps a MP or police officer (non related) or judge etc would be of use. Good luck finding one you are not related to or friends with though that would be willing. Even a mp could be argued as not independant they could argue they have a political axe to grind...