Another ATOS fit for work case

eskimo26

dori2o wrote: »

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.

You absolutely DO NOT cancel your claim because he'll have to wait several months before claiming again. The Atos medcal is nothing but a road block designed to stop claimants, the majority appeal and there is a 40% pass rate at tribunal. Nobody expects expects the medical to pass them anymore that is why the tribunal waiting list is over 4 months long.

He will get basic rate ESA while he waits for the tribunal, this is his best option and what everyone else in his situation is doing, if he has cancelled his claim because of an atos medical he has made a big mistake.

We also need an answer two4tuesdays question, was he told to go on JSA or put in the work related esa group (in which case he would not have got 0 points.)

He shouldn't give in its the whole point of an atos examination, in all likely hood its a question of sending in more evidence and using specific descriptors which wasn't done properly in the original claim.:(

C_Mababejive

What is FILs view on work? does he want to work? We may not be talking hard toil in a factory or a chain gang but there are plenty of rewarding administrative type work placements which would be beneficial in the long term.

ankspon

If i had the knowledge of being able to forward all the declined cases posted here to the relevant authority i would,it is about time everybody got together as this system is quite clearly not fit for purpose.If anyone wants to do this i will help anyway i can.Surely if we all got together they would have to listen

CountryGuy

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.

Contact your local MP

Hammyman

C_Mababejive wrote: »

What is FILs view on work? does he want to work? We may not be talking hard toil in a factory or a chain gang but there are plenty of rewarding administrative type work placements which would be beneficial in the long term.

Thats exactly what I am talking about. Nobody expects him to go into a steel mill and start humping stuff about but he won't be incapable of doing a part time admin job.

And because he will be limited in the amount of time he can work and the type of work he will do, he will qualify for the disability element of WTC even if he doesn't get DLA.

FleurDuLys

Going into the ESA WRAG would usually be the appropriate situation for someone who has just had this sort of surgery. I'm not sure if this is what you mean though Dori2o, as you said he got zero points at his medical? If he's been told to go onto JSA then he will definitely need to appeal.

The WRAG would allow him to recover and take steps towards working out what kind of work he may be able to do in the future, at his own pace and with support rather than being placed under pressured to do stuff. The WRAG doesn't mean that you are constantly hassled; they just call you in for a friendly chat every now and then and try to help you. I found them to be brilliantly helpful and I know many others who have had this type of spinal surgery who have too.

As I said before, a three level cervical fusion on its own would not usually mean that someone would never, ever be able to work again. Most people are perfectly fine once they have recovered from the surgery and the fusion process has taken place, so this may explain why ATOS have not seen his case as being as serious as it perhaps is. If your FIL has other issues which mean that his case is a lot more severe and he needs to go into the support group then obviously the ATOS people/decision makers need to be made aware of this, so make sure that this is properly backed up with statements from his consultants when he appeals.

dori2o

OK.

Having previously been giving this information for this thread 3rd hand, I have now been able to extract the correct information from FIL first hand as we have been to their house this evening for a visit.

So.

Lets try again.

Operation date: 21 March
Original Atos date: 21 March
Revised ATOS date- at home- 31/05/2011
Letter received dated 27/03/11 stating that the medical advisor has reviewed the file and no longer deems a medical necessary.

Letter dated 8 April advising FIL has been placed in the WRAG.

Phoned DWP. The person on the phone advised they have received the ATOS report and that confirms he is fit for work as he received 0 points from medical.

Called the medical centre at Albert Bridge House in Manchester, who say they have not issued a medical report as medical has not been carried out.

Checked with FIL and he has not cancelled claim but did threaten to though did not in the go through with it.

The operation he has had was done not to improve his condition but to stop it getting worse. As I said before the spinal consultant had advised the there was a 90% chance of paralysis within 12 months if the operation was not done, but by having the operation the prognosis would be approx a 40% chance of future paralysis due to continued spinal degeneration.

Both consultant and GP have advised in their opinion there is no prospect of a return to work even with the operation. FIL however is happy to explore the option if it is safe to do so.

FIL currently receives HRM and MRC DLA.

FleurDuLys

Does this mean that he was originally placed in the ESA WRAG, but the DWP later overruled this and said he's fit for work and must go on JSA?

Something has gone seriously wrong, he needs to appeal. I hope you can persuade him to do so. Even if he goes into the WRAG he can then take time to get all his info together and send it in to show a change of circumstances which will put him in the Support Group if that is where he properly belongs.

You can still ask for help to explore work-related stuff even if you're in the Support Group (I am currently doing so cos I haven't written myself off yet!), so hopefully your FIL will be able to do this if he wants to

dori2o

He has been on ESA for approx 6 months but was on the pre-assessment based payment. He has now been placed into the WRAG.

I have managed to convince him to appeal this decision.

sunnyone

dori2o wrote: »

He has been on ESA for approx 6 months but was on the pre-assessment based payment. He has now been placed into the WRAG.

I have managed to convince him to appeal this decision.

Why appeal when he is in the correct group and he could risk his current WRAG status since you state he got zero points?

Do you understand the changes to ESA which have started this month which mean the walking and step criteria have gone, "to be fair to wheelchair users who work" is the goverment reasoning to them inventing the vertual wheelchair for ATOS to deny mobility impaired people ESA.