ATOS Medical - failed, advice please?

alocin36

I've been on ESA for some time, and just failed one of those delightful medical assessments... big shocker eh?!! I failed one last year, appealled and had it overturned with back-pay... the next call for a medical took about two weeks arriving - how they expect people to get well with this stress on their shoulders is beyond me.

Anyway, my question is that the summary said that they feel I'm 'fit for work within three months'! (not true anyway), I'm confused by that. Is that a standard thing they say when they feel there's nothing wrong with you? Or does it take into account that perhaps you're NOT 100% fit and well. Wouldn't they say I'm fit for work NOW if I'm totally fine!? Can anyone throw some light on this please? as it'll help when I put my appeal in!

alocin36

Sorry, what it actually says is 'I advise that a return to work be considered within three months'.

Hammyman

What these medicals do is not say you are 100% fit, merely that you're capable of some kind of work. For example, there is no reason why someone with problems with their legs cannot do desk work or call centre work.

alocin36

Yes but then we're thrown onto JSA which when it happened before to me nearly caused me to have another breakdown - I was shaking and in tears just at the tribunal! They need to look a little bit deeper in my opinion. I still need an answer to my question.

dmg24

You have not failed the ATOS medical, you have failed the WCA. The DWP DM has decided that you are fit for work. Can you clarify what it is that you need to know?

alocin36

Hi dmg, I'm just trying to work out the word 'considered' and 'within three months'. Is that standard? I guess you've answered me anyway, I've failed and I'm considered fit for work. Back to the appeal AGAIN!

alocin36

I'm not actually going to dignify your post with the angry reaction I feel like replying with Brian. You don't know me from Adam, and I think it's quite offensive to say that to me! I'm going through absolute hell, but I don't have to prove myself on here. I just wanted some help and I'm not really liking the attitude of the responses I'm getting!

voynich

Just because a person can type and post on a web site does not necessarily make them fit for work. You do not know their circumstances or how many hours a day they are fit and can work at a keyboard. ATOS is notorious for failing people who are genuinely sick as that is their remit, not to see what work people can do but rather they have a stated target of what percentage they need to fail, this takes no account of people's illness/disability.

Bear in mind also it is not just a question of whether a person can type with one finger so they could get a job typing, the reality is would anyone ever employ them, particularly now when their is so much unemployment.

Yes the original poster should appeal.

Remember everyone and their relatives are just one step away from falling ill or having an accident themselves and be unable to work. When it happens to you, please let us know how you get on trying to get sick pay. Then you will find out how difficult it is.

healy

I have to agree with the others, Brians posts on this thread are not abusive.

FTW

voynich wrote: »

Just because a person can type and post on a web site does not necessarily make them fit for work. You do not know their circumstances or how many hours a day they are fit and can work at a keyboard. ATOS is notorious for failing people who are genuinely sick as that is their remit, not to see what work people can do but rather they have a stated target of what percentage they need to fail, this takes no account of people's illness/disability.

Bear in mind also it is not just a question of whether a person can type with one finger so they could get a job typing, the reality is would anyone ever employ them, particularly now when their is so much unemployment.

Yes the original poster should appeal.

Remember everyone and their relatives are just one step away from falling ill or having an accident themselves and be unable to work. When it happens to you, please let us know how you get on trying to get sick pay. Then you will find out how difficult it is.

The OP should certainly appeal it if he doesn't agree with what's been put on the report.

It's also worth bearing in mind that the next time a medical happens, he should audio-record it without telling them he's doing it - and yes, he's perfectly within his rights to do this.

I encourage anyone who undergoes a WCA to do the same if they can, just because ATOS cannot be trusted.

Then, if they do try and lie their way out of it, then he's got good evidence to contradict them and the content of their report.

dmg24

FTW wrote: »

The OP should certainly appeal it if he doesn't agree with what's been put on the report.

It's also worth bearing in mind that the next time a medical happens, he should audio-record it without telling them he's doing it - and yes, he's perfectly within his rights to do this.

I encourage anyone who undergoes a WCA to do the same if they can, just because ATOS cannot be trusted.

Then, if they do try and lie their way out of it, then he's got good evidence to contradict them and the content of their report.

Or he could be honest and ask them to record it, which they will now do.