Atos medical results ?

Two4Tuesday

Skinticket wrote: »

I have a deformed left hand, cannot even clean myself after using the toilet, i have severe fibromyalgia and chronic fatigue syndrome.. i was happily working but it just got too much to bare, the conditions have ruined every part of my life.

and yes i typed this with one hand... so i expect a snide comment telling me to get a one handed typing job...

:silenced:

Not all of the blame for the problems claiming ESA can be laid at ATOS's door. The descriptors for claiming ESA are very tough to pass and that's all the DWP are interested in.

Having one deformed hand is not going to help pass that test, nor is having trouble cleaning yourself after using the toilet, though I sympathise with your problems.

I wish you luck in your forthcoming appeal, but being bitter about other people getting DLA will get you nowhere.

As you said, your wife's daughter gets DLA - are you bitter about that? Or would you be better off seeing what care and mobility needs she has and seeing if they are close to your needs?

yappycat

Agree to a large degree that the blame is not entirely with Atos. They assess you to determine where your medical condition is situated within a narrow criteria given to them by the DWP. The info then goes back to a Decision Maker at the DWP who, as the title would suggest, makes a decision based on Atos' assessment and where you fit in to the pre-determined 'descriptors'.

I hope in your appeal you got a hold of these descriptors to read for yourself (you can also ask for a copy of the Atos medical report). You need to object to the decision based on any discrepancy between where the Decision Maker feels you score points and where you feel you score points (giving examples to support your arguments where appropriate). You need to point out any factual inaccuracies within the Atos report and try and clarify any areas where you feel you may have been misunderstood or that seem ambiguous to you.

Talking about the claims of other people, blaming Atos, and appealing to subjective common sense (ie- 'how is that right?') isn't going to get you anywhere with the DWP.

Best of luck!

Skinticket

Two4Tuesday wrote: »

Not all of the blame for the problems claiming ESA can be laid at ATOS's door. The descriptors for claiming ESA are very tough to pass and that's all the DWP are interested in.

Having one deformed hand is not going to help pass that test, nor is having trouble cleaning yourself after using the toilet, though I sympathise with your problems.

I wish you luck in your forthcoming appeal, but being bitter about other people getting DLA will get you nowhere.

As you said, your wife's daughter gets DLA - are you bitter about that? Or would you be better off seeing what care and mobility needs she has and seeing if they are close to your needs?

I was awarded 9 points at my medical for manual dexterity problems...


one of the descriptors is worth 6 points and it says "cannot carry a light/empty box with both hands" - i cannot do this, have no use in my left hand at all. so how can they just exclude this?

and i'm not bitter about other people getting it at all, i had to give up my job, being able to provide for my wife and kids meant a lot to me, it just really gets on my nerves when people with self imposed problems and people who pretend to be sick get all the benefits they want and people with genuine needs are very often overlooked...

take for instance my stepdad, claims dla top rate both elements, got an indefinate award of IB that he's had for 20 years or so, yet he was at mine today telling me that he carried 26 heavy bags of rubble to his (mobility) car, took them to the tip on his own, he'd just renovated parts of the house, and then says that he's running his mates carboot sale in his absence and will have to walk 5 hours to collect the rents from the booters... this is a man with a supposed bad back whom gets out his walking sticks when the dwp come calling....

but nah, it doesnt make me bitter, not at all!!!!!!!!!!!

Cpt.Scarlet

Skinticket wrote: »

I was awarded 9 points at my medical for manual dexterity problems...


one of the descriptors is worth 6 points and it says "cannot carry a light/empty box with both hands" - i cannot do this, have no use in my left hand at all. so how can they just exclude this?

They can exclude it by changing the tests. The new WCA test is;

Manual dexterity.
(a) Cannot either:
(i) press a button, such as a telephone keypad or;

(ii) turn the pages of a book with either hand. 15 points

(b) Cannot pick up a £1 coin or equivalent with either hand. 15 points
(c) Cannot use a pen or pencil to make a meaningful mark. 9 points
(d) Cannot use a suitable keyboard or mouse. 9 points
(e) None of the above apply. 0 points

yappycat

Have they actually changed the descriptors Cpt?

I think Skinticket is referring not to the manual dexterity descriptor but instead to the Picking up and moving or transferring by the use of the upper body and arms descriptor which includes Cannot transfer a light but bulky object such as an empty cardboard box for 6 points.

If I'm mistaken and the descriptors have changed then a link to the latest DWP document would be most welcome

@Skinticket - you aren't helping yourself at all by taking this so personally. What other people do for the money that they may (or may not) be rightly be entitled to, has no bearing on your situation. Yes its easy to get annoyed about the unfairness of things, but the only effect anger and bitterness has is on you and the people close to you.
Tough I know, but repeated complaints of it's not fair!! ain't gonna help you win any battles tbh.

Cpt.Scarlet

yappycat wrote: »

Have they actually changed the descriptors Cpt?

I think Skinticket is referring not to the manual dexterity descriptor but instead to the Picking up and moving or transferring by the use of the upper body and arms descriptor which includes Cannot transfer a light but bulky object such as an empty cardboard box for 6 points.

If he/she is then they still may not pass as there is no longer a requirement to do so with both hands, being able to use an arm and one hand will fail the test.

The current descriptors are at

http://www.legislation.gov.uk/uksi/2011/228/made/data.pdf

Skinticket

Cpt.Scarlet wrote: »

If he/she is then they still may not pass as there is no longer a requirement to do so with both hands, being able to use an arm and one hand will fail the test.

The current descriptors are at

http://www.legislation.gov.uk/uksi/2011/228/made/data.pdf

I had my medical on the 28th october 2010 before these descriptors came into force, or do these new descriptors stand for old medicals too
? if so, how is it that the appeal/claim can be for illness/disability at the time, yet atos/dwp can change the descriptors to suit them at will?

cit_k

Whatever descriptors were in force when the original decision was made, will be the descriptors that will be used at tribunal, at least they should be....

yappycat

I think you're right, the descriptors in force at the date of the assessment are the relevant criteria on appeal at a tribunal. However I don't think the descriptors have changed and the particular descriptor Skinticket referred to (ie. the cardboard box thing) has always come under the category of Picking up and moving or transferring by the use of the upper body and arms and not under the Manual Dexterity category.

Skinticket

yappycat wrote: »

I think you're right, the descriptors in force at the date of the assessment are the relevant criteria on appeal at a tribunal. However I don't think the descriptors have changed and the particular descriptor Skinticket referred to (ie. the cardboard box thing) has always come under the category of Picking up and moving or transferring by the use of the upper body and arms and not under the Manual Dexterity category.

this is what i dont get...

why they didnt give me the 6 points for that is beyond me...
i went to the benefits advice centre by me and it even baffled them...

i would just like to say tho, i want to work, i was happy in my job, i would just struggle so much to gain employment with my conditions, that is why i think i should be in the support group, i really do want to work, if they could help me find a job where the company would be understanding of my conditions then i have no problem with it...

what would happen if say i stopped my appeal, claimed jsa and got another really bad flare up of my illness where im unable to leave the house as it often happens and i was say unable to attend an interview or even sign on....

my illness would go against me, all i need is some help...