ESA Medical - here we go again!

FTW

Happychappy wrote: »

Best look like something from shameless, dont dress up for a scam, always dress down :rotfl:

And who's scamming? Atos or the punter?

Since Atos do make a point of mentioning how the patient's dressed, and then use it as additional leverage to boot someone off the sick, I tend to think that it's them.

melbury

Sorry to ask the same question again, but how long should I wait before phoning up to ask for a copy of the medical report? Do you have to wait until you hear from the DWP as to whether or not you have failed?

FTW

melbury wrote: »

Sorry to ask the same question again, but how long should I wait before phoning up to ask for a copy of the medical report? Do you have to wait until you hear from the DWP as to whether or not you have failed?

Wait to see what the DWP say. If the report fails, appeal it.

The appeal will drag on, very likely for months, then the DWP will claim the report to be valid and that they stand by it, which means you'd need to proceed to the tribunal stage.

melbury

FTW wrote: »

Wait to see what the DWP say. If the report fails, appeal it.

The appeal will drag on, very likely for months, then the DWP will claim the report to be valid and that they stand by it, which means you'd need to proceed to the tribunal stage.

It is all very exhausting, bet it was far easier and less stressful in the days before ATOS.

FTW

melbury wrote: »

It is all very exhausting, bet it was far easier and less stressful in the days before ATOS.

It was a good deal easier and much less stressful. Now, for those who know what to expect, an Atos appointment is like the last steps up to the gallows.

melbi_uk

So you appeal before it goes to a tribunal?

FTW

melbi_uk wrote: »

So you appeal before it goes to a tribunal?

You'd need to write to the DWP telling them you intend to appeal the decision. The DWP will write back a couple of times, refusing to take it any further, but you just stick to your guns, and insist on an independent oral hearing (tribunal).

Whether the DWP would claim that such a request is a frivolous one, is not up to them to decide.

In the meantime, you'd be well advised to obtain as much medical evidence from your doctors/specialists as you can get.

If you can get the representation of CAB, Welfare Rights, or even one of your own medics on your side, so much the better.

The Tribunals Service are very well aware of Atos/DWP's pitfalls, and the more evidence you have to prove that your 'view' of the affliction is more accurate than theirs, the better.

melbi_uk

Thanks for that

My GP is definitely 100% beside me.

deeplyblue

FTW wrote: »

Seriously - it's for real. It may sound stupid, but that's the way it is. For an Atos assessment, it's more advantageous to dress down.

I think you can try to dress simply (for example, put on sensible shoes, possibly even scruffy shoes but not ones that you are actually ashamed of), but not dirtily. The ATOS doctor might suspect you of putting on a show for his/her benefit. If you are claiming that someone helps you dress, then perhaps you should not look as though you can do it, if badly.

But make sure that you say, "I needed help to dress." Better yet, have the person who helped you to dress say so.

I have a suggestion: make a list of things that you (or your helper) want to say to the ATOS doctor, including accounting for your clothing. When you or your helper has told the doctor about your difficulties dressing, then that can be crossed off the list. The same thing applies to (for example) problems with eating.

After that, if the report does not reflect what you have said, you can say that you know you told the doctor about your difficulties with dressing, because it was crossed off your list.

At the end of the interview, either you or your helper should ask the doctor (or nurse) if they have recorded your difficulty dressing. If they haven't ask them to add that to the report. They may tell you that they can't add things, but they can - if they want to.

Good luck

healy

FTW wrote: »

You'd need to write to the DWP telling them you intend to appeal the decision. The DWP will write back a couple of times, refusing to take it any further, but you just stick to your guns, and insist on an independent oral hearing (tribunal).

Whether the DWP would claim that such a request is a frivolous one, is not up to them to decide.

In the meantime, you'd be well advised to obtain as much medical evidence from your doctors/specialists as you can get.

If you can get the representation of CAB, Welfare Rights, or even one of your own medics on your side, so much the better.

The Tribunals Service are very well aware of Atos/DWP's pitfalls, and the more evidence you have to prove that your 'view' of the affliction is more accurate than theirs, the better.

The DWP do not write back refusing to take an appeal further - they would write back saying that a reconsideration had been turned down.

The DWP would not say that appealing against a decision to deny benefit following a medical was frivolous.

There is a lot of rubbish being written on this thread and people would be sensible to ignore it.