Another ATOS fit for work case

dori2o

My FIL has recently had major spinal surgery. This surgery was not to improve his current condition but to prevent it deteriorating any further. The original prognosis said he would be in a wheelchair within 12 months. He has had 2 steel rods inserted into his spine and C5/5/6 vertabrae fused.

His GP and the spinal surgeon has said he will never be in a position to work again.

FIL now uses a wheelchair to get about as walking causes too much pain.

The ATOS medical appointment letter came through the door the day of my FIL operation, so MIL phoned and arranged for it to be done at FIL home 1 and a half weeks later. He had been home 5 days from hospital.

Well they got the result yesterday, he got 0 points and has been placed in the work group.

I have told him to appeal but he's lost all faith in the system now and has called themn to cancel his claim. He has said he is simply going to claim IS for him and his wife.

how much longer can this miscarriage of justice be allowed to continue. The guy who came up with this test has himself said it is unfit for purpose.

It's time those who really are disabled/unable to work rose up against the DWP and forced them to a) get rid of ATOS and b) change this grossly unfair medical examination.

FleurDuLys

It could be that ATOS have assumed that your FIL is like nearly everyone else who has spinal fusion surgery - that he'll be well enough to work once he's recovered from the surgery. A three level fusion on its own would certainly not preclude someone from working, even if they are wheelchair users, so when your FIL appeals he needs to make sure that he clarifies exactly why his case is so much worse than the norm. Include as much info as you can from the consultant to back this up.

(To qualify what I say above - I've done voluntary work for several years with people who have spinal problems and spinal fusion surgeries, and have had them myself, also to prevent my condition from deteriorating; my own fusion is 16 levels).

mrsfletch_2

Dori
This is clearly nonsense, very obviously work is out of the question, and your next move should be to complain to ATOS directly giving the name of your assessor and sending any relevant documentation from the hospital,consultant and GP.

I am a long-derm depression sufferer, plus I have some physical health and mobility problems. I complained to ATOS and also instituted a tribunal appeal after my last assessment found me fit to work when my GP and psychiatric consultant said I was not. ATOS chief medical officer intervened before the tribunal took place, admitting that the assessment report was 'medically inconsistent and unsound' and 'incompetent' and the full rate of ESA was restored. I am now awaiting my third assessment in two years.

I attended about a month ago and told the assessor (who said she was qualified as a district nurse/nurse practitioner). I had my Community Psychiatric nurse accompany me to the assessment. I told her about additional health problems (dizziness and hypertension) that had started since I completed the form. She said she could not assess me, I would have to be assessed by a GP qualified assessor - yet when I go for a blood pressure check at my GP surgery I see the practice nurse!

My first two assessments were conducted by SRN qualified assessors with no psychiatric training or clinical experience whatever and not surprisingly they failed to understand the effects of depression and of the medication I have to take to control it and awarded no points. There were other points on which they directly contradicted what my consultant and GP said in documentation. The first assessment decision was reversed by tribunal.

Despite the fact that the Gov. have recently withdrawn legal aid support for tribunals, ALL claimants who are unreasonably told that they are fit for work and who have contradictory opinions from other healthcare sources should most DEFINITELY go to a tribunal appeal. You may find that a charity related to your illness or disability can give you support. NEVER EVER go to an ATOS assessment alone. Take a family member, healthcare professional or a friend. See note below about charities.

You may have a long wait for a tribunal and you will be on the minimum rate of ESA while you wait, but you will get any extra entitlement back eventually including cold weather payments if granted for your area in the meantime. Don't be fobbed off by ANY kind of opposition you may get from the DWP, you are fighting for your entitlement.

Two4Tuesday

dori2o wrote: »

Well they got the result yesterday, he got 0 points and has been placed in the work group.

Do you mean he was put in the Work Related Activity Group, or was told his claim for ESA was now disallowed and he had to now claim JSA?

If he was put in the Work Related Activity Group then he must have scored at least the 15 points.

Which is it?

sunnyone

dori2o wrote: »

My FIL has recently had major spinal surgery. This surgery was not to improve his current condition but to prevent it deteriorating any further. The original prognosis said he would be in a wheelchair within 12 months. He has had 2 steel rods inserted into his spine and C5/5/6 vertabrae fused.

His GP and the spinal surgeon has said he will never be in a position to work again.

FIL now uses a wheelchair to get about as walking causes too much pain.

The ATOS medical appointment letter came through the door the day of my FIL operation, so MIL phoned and arranged for it to be done at FIL home 1 and a half weeks later. He had been home 5 days from hospital.

Well they got the result yesterday, he got 0 points and has been placed in the work group.

I have told him to appeal but he's lost all faith in the system now and has called themn to cancel his claim. He has said he is simply going to claim IS for him and his wife.

how much longer can this miscarriage of justice be allowed to continue. The guy who came up with this test has himself said it is unfit for purpose.

It's time those who really are disabled/unable to work rose up against the DWP and forced them to a) get rid of ATOS and b) change this grossly unfair medical examination.

Is he a carer or single parent?

Those are the biggest group of people entitled to IS now, the goverment changed the rules last year so that most people cant claim it.

edited to add, I dont know how the quote ended up being enlarged so I cant fix it, sorry.

Hammyman

mrsfletch wrote: »

Dori
This is clearly nonsense, very obviously work is out of the question, .

Utter poppycock. Whilst it is now, it won't be a few months down the line.

When I went for spinal surgery the first time around, prognosis was wheelchair within 6 months. A couple of months after the surgery once the muscles in my back had healed, I was back at college and fit for work. The disc above those failed 8 years later after 8 years of abuse humping heavy tarpaulins onto lorry trailers to sheet down timber, pulling out pallets weighing well over 1.5 tonnes etc etc. Its now inoperable but I'm still working, albeit part time and not in haulage.

Cpt.Scarlet

Whether the OPs FIL can work or not at sometime in the future has nothing to do with his eligibility to ESA now, that's why people are re-assessed.

FTW

mrsfletch wrote: »

Dori
This is clearly nonsense, very obviously work is out of the question, and your next move should be to complain to ATOS directly giving the name of your assessor and sending any relevant documentation from the hospital,consultant and GP.

I am a long-derm depression sufferer, plus I have some physical health and mobility problems. I complained to ATOS and also instituted a tribunal appeal after my last assessment found me fit to work when my GP and psychiatric consultant said I was not. ATOS chief medical officer intervened before the tribunal took place, admitting that the assessment report was 'medically inconsistent and unsound' and 'incompetent' and the full rate of ESA was restored. I am now awaiting my third assessment in two years.

I attended about a month ago and told the assessor (who said she was qualified as a district nurse/nurse practitioner). I had my Community Psychiatric nurse accompany me to the assessment. I told her about additional health problems (dizziness and hypertension) that had started since I completed the form. She said she could not assess me, I would have to be assessed by a GP qualified assessor - yet when I go for a blood pressure check at my GP surgery I see the practice nurse!

My first two assessments were conducted by SRN qualified assessors with no psychiatric training or clinical experience whatever and not surprisingly they failed to understand the effects of depression and of the medication I have to take to control it and awarded no points. There were other points on which they directly contradicted what my consultant and GP said in documentation. The first assessment decision was reversed by tribunal.

Despite the fact that the Gov. have recently withdrawn legal aid support for tribunals, ALL claimants who are unreasonably told that they are fit for work and who have contradictory opinions from other healthcare sources should most DEFINITELY go to a tribunal appeal. You may find that a charity related to your illness or disability can give you support. NEVER EVER go to an ATOS assessment alone. Take a family member, healthcare professional or a friend. See note below about charities.

You may have a long wait for a tribunal and you will be on the minimum rate of ESA while you wait, but you will get any extra entitlement back eventually including cold weather payments if granted for your area in the meantime. Don't be fobbed off by ANY kind of opposition you may get from the DWP, you are fighting for your entitlement.

I'd also recommend audio-recording the assessment - when you need to put across your case of what you actually said during an assessment, a written transcript of this serves as excellent evidence.

Plus, as soon as the realisation you need to appeal kicks in, ask your doctors/specialists for all the medical evidence you can obtain - remembering to have everything presented to the Tribunals Services at least a week before the hearing.

Invalidation

Hammyman wrote: »

Utter poppycock. Whilst it is now, it won't be a few months down the line.

So you can see into the future and see this mans situtation?. Dont judge everyone by your own case.
Some people make me puke.

dori2o

Thanks for the replies.

My FIL does appreciate that there is a small chance that at some time in the future he may be able to go back to work, but as has been said he's looking to claim what he is due at this point in time. He'd be absolutely delighted to be able to go back to work having had to give it up 18 months ago, but at the moment it is a complete impossibility, he is still at this moment unable to stand for more than a few minutes at a time.

The problem we have now is that in his disgust at the decision, he has as mentioned above, phoned the DWP and told them to cancel his claim.

So, what does he do now?

Does he still complain to ATOS, can he still appeal the decision? or will he need to make a new claim?

All assistance in this case very much appreciated.

clemmatis

I think you need advice from, for example, CAB, who can look at the letters you got, given he's cancelled the claim but also given he got 0 points but was placed in the work-related group. - what claim did he cancel? a claim for ESA? -- see Two4Tuesday's post.