Part 2 after report..59 year old failed 2nd medical for ESA after passing first....

chinna

Previous part 1 ........

https://forums.moneysavingexpert.com/discussion/3118414=

I have started a new thread as this is about after receiving the medical report.......

Received the medical report and what everyone was saying is true..It's full of lies...

The first thing I notice is that its says the interview duration was 1 hour 10 mins...when in fact we were out in 35 mins.......then its says duration of journey was 30 mins when my dad told them it was 10 mins. It does not at all mention the interperter in the room... then it goes to say my dad sat for 40 mins when this could not be the case as we were out in 35mins. Will post more when I get time.

dmg24

Do you actually need any advice?

chinna

dmg24 wrote: »

Do you actually need any advice?

Any advice would be helpful.

What I want to do is put all my dads experience on the forum. I will in time upload both medical reports other information etc. So people can be prepared for the medical. I got alot of advice from people on here and I want to give back much as possible.

eskimo26

sunnyone wrote: »

There is nothing that you can impart to this forum about ESA medicals that we all dont already know, you came here with the interprator part of your post as the most prominant part becasue your dad/mum have never bothered to intigrate into the country that they have lived for decades but it expected to provide terps for them yet not for British people who cant comunicate due to disability.

I'm guessing from the awful english on display that you have such a disability? Pardon me for second guessing but as a second generation immigrant who has integrated I am often amazed at how much poorer the english displayed by people who have been here for generations actually is compared to my own. Said people often show themselves up on forums by lambasting immigrants in there posts with horrendous english. So I really can't tell if your disabled or uneducated. My apologies.

Chinna I'm not sure how helpful it would be for us to see the report but feel free to keep us posted on the appeal and any relevant discussion on how the interpreter was used by ATOS, it sounds about right from what I have heard and experienced from there methods.

I very much applaud your attitude in wanting to give something back to the forum.

diolch

eskimo26 wrote: »

I'm guessing from the awful english on display that you have such a disability? Pardon me for second guessing but as a second generation immigrant who has integrated I am often amazed at how much poorer the english displayed by people who have been here for generations actually is compared to my own. Said people often show themselves up on forums by lambasting immigrants in there posts with horrendous english. So I really can't tell if your disabled or uneducated. My apologies.

Chinna I'm not sure how helpful it would be for us to see the report but feel free to keep us posted on the appeal and any relevant discussion on how the interpreter was used by ATOS, it sounds about right from what I have heard and experienced from there methods.

I very much applaud your attitude in wanting to give something back to the forum.

I have some very good friends who are 1st generation immigrants. They studied here, went to uni and all of them are qualified solicitors. Their english is far superior to many of us that have lived here for many many generations. They have such a grasp of the written word and are able to express themselves without resorting to slang or words of 4 letters!
One I tease as she is the daughter of a tribal chief in some part of Africa!

Cpt.Scarlet

Whilst minimising the medical report is often important, you'll win your Father's Trinunal by showing the he scores 15 points ot more in the WCA tests, don't waste your time fighting battles that often don't matter.

Rusti4

I myself am fighting against the PDCS for Gross Maladministration and ATOS for breaching the medical agreement and supplying an unqualified EMP who fabricated a DLA examination report

Take the rejection of a decision to the Tribunal and lodge a formal complaint against the DWP & ATOS...i have!
It's the only way to be sure that these people are not allowed to walk all over us!

eskimo26

diolch wrote: »

I have some very good friends who are 1st generation immigrants. They studied here, went to uni and all of them are qualified solicitors. Their english is far superior to many of us that have lived here for many many generations. They have such a grasp of the written word and are able to express themselves without resorting to slang or words of 4 letters!
One I tease as she is the daughter of a tribal chief in some part of Africa!

Hehe sounds like fun, me and my friends are forever teasing each other in the same way. I'm actually 1st generation, but for some reason I count my Mum as the 1st sometimes but that's not how it works of course, i'm just not not use to thinking in those terms. :rotfl:

Incidentally Scarlet is correct, make sure your priority is to go through the relevant descriptors that cover your father's condition and prove they add up to give him eligibility.

ryouga

It seems to be more common now, 2 and a half years ago my dad had his DLA assessment or in fact what happened was they were 2 hours behind and called my dad in 5 minutes before closing and just asked his name then sent him home.

About a week later my dad had his benefit stopped as they said he failed his medical, turns out the examiner rushed a report out and wrote everything incorrect/lies and so my dad went to a tribunal

Took about 6 months for the tribunal but my dad won his case as he is very good at knowing his rights and standing up for himself(told me a story how when I was a toddler he glued himself to a chair in DSS office till they gave him his giro he was due and they refused to pay.

The other thing I will mention is that he had a problem just after it was stopped as they said he had to sign on but they claimed if he signed on he was unable to appeal as the JSA contract is an agreement that you are fit for work so by signing it then there was no way he could say he was too sick to work.

chinna

sunnyone wrote: »

There is nothing that you can impart to this forum about ESA medicals that we all dont already know, you came here with the interprator part of your post as the most prominant part becasue your dad/mum have never bothered to intigrate into the country that they have lived for decades but it expected to provide terps for them yet not for British people who cant comunicate due to disability.

Whats your problem. If you have nothing useful to say then don't comment.

diolch

Rusti4 wrote: »

I myself am fighting against the PDCS for Gross Maladministration and ATOS for breaching the medical agreement and supplying an unqualified EMP who fabricated a DLA examination report

Take the rejection of a decision to the Tribunal and lodge a formal complaint against the DWP & ATOS...i have!
It's the only way to be sure that these people are not allowed to walk all over us!

And I have last week issued a CPR Part 8 Writ citing ATOS, their HCP & DWP as the Joint Defendants in an Action. I have carried this out through my local County Court who were very helpful in arranging everything.

I just can't wait to see what their defence is.

And even better, my day in court and I am intending to invite the press and television to be involved in it (with the Judge's permission obviously)!!!!