Medical Failure, what now??

dmg24

Now then now then, we shouldn't be outing these pesky little trolls on the forum should we, or we'll be told off again!

One question that no one seems to have asked the OP - are you actually fit for any work? People automatically jump on the 'appeal' bandwagon, when the fact is that not everyone who fails the WCA is unfit for work!

PrincessDonna2009

dmg24 wrote: »

Now then now then, we shouldn't be outing these pesky little trolls on the forum should we, or we'll be told off again!

One question that no one seems to have asked the OP - are you actually fit for any work? People automatically jump on the 'appeal' bandwagon, when the fact is that not everyone who fails the WCA is unfit for work!

You are right people do automatically jump on the Appeal Bandwagon lol

Yes I am unfit for work, my doctor has said and also my consultant at the hospital and me myself don't personally feel I am ready to go back into work at this moment in time....it's just the ATOS people who don't think so, if you can walk into the place you have your medical then automatically you are deemed as fit for work!!!

Fiddlestick

PrincessDonna2009 wrote: »

it's just the ATOS people who don't think so, if you can walk into the place you have your medical then automatically you are deemed as fit for work!!!

Surely they assess you based on what you CAN do, rather than what you can't?

MrsManda

PrincessDonna2009 wrote: »

Yit's just the ATOS people who don't think so, if you can walk into the place you have your medical then automatically you are deemed as fit for work!!!

That's nonsense unless you are claiming you are unfit for work because you're unable to walk at all.

Do your doctors think you're incapable of working in any capacity or are you considered unable to work in the sectors you have experience of working in?
The difference between your consultant/GP when they're deciding whether you should be able to work and the ATOS assessors is that your doctors will be judging you on what you cannot do and applying that to what you are used to doing whereas the ATOS assessment is focussed on what you are able to do.

I think you can appeal if you reactive your claim within four weeks. Have you requested copies of the information they used to make their decision? Often the ATOS report does say something you disagree with but also they often ask your doctors to write a report and it may be that what you understand they mean and what they've written could be different.

sunnyone

PrincessDonna2009 wrote: »

You are right people do automatically jump on the Appeal Bandwagon lol

Yes I am unfit for work, my doctor has said and also my consultant at the hospital and me myself don't personally feel I am ready to go back into work at this moment in time....it's just the ATOS people who don't think so, if you can walk into the place you have your medical then automatically you are deemed as fit for work!!!

Many people who cant walk can work, they are not exclusive and the goverment has removed the walking/step criteria from the ATOS medical now so its academic anyway and since you walked into the center you are much better off then someone who cant get out of their wheelchair no matter what happens.

celinepatricia

Appeal!! My husband also got zero points but he recieves esa now.

Morglin

Appeal.

Tribunals are overturning many negative decisions now, including those with 'nil points'and you will recieve the ESA assessment rate while waiting for the appeal to be heard.

In some regions, this is now taking up to 9 months.

Lin

Mupette

sunnyone wrote: »

Many people who cant walk can work, they are not exclusive and the goverment has removed the walking/step criteria from the ATOS medical now so its academic anyway and since you walked into the center you are much better off then someone who cant get out of their wheelchair no matter what happens.

ummm they are still using it... was worded on my appeal letter a few weeks ago

Cpt.Scarlet

Mupette wrote: »

ummm they are still using it... was worded on my appeal letter a few weeks ago

It was changed to "mobilising" with some other changes at the end of March.

It now includes the use of a manual wheelchair, even if not used or even owned, so you also need to show a lack of upper body strength or a condition which would prevent you propelling one.

cit_k

Mupette wrote: »

ummm they are still using it... was worded on my appeal letter a few weeks ago

Appeals have to use the law as it stood at the time of the original decision, any changes to legislation since then are ignored.