failed ATOS medical, please help, next steps..

patman99

Go for a re-assesment. Wonder what the GMC would do if you were to make a complaint about the Doctor who failed to read your initial report.

cit_k

chances are if a complaint is put in, the dr will just deny he said what he said.

pinklady21

Sorry the hear about this - you are not alone, however.

Yes do ask the DWP to look at their decision again, refer them to the evidence they have from you on your form, and advise what the ATOS assessor said to you.
Following the first Harrington report into ESA last year, the Decision Maker is supposed to look at all the information they have, not just rely on the ATOS report, however in practice this seems to be the way it goes.
Did you submit any medical evidence from your treating doctors?
If so, refer to this too.

If the claim is still refused, then appeal. This must be in writing within a month of the original decision, so make sure it goes in on time and in the appropriate format.
Say why you think the decision is incorrect. You can also look at the Non-functional descriptor reasons too - eg if you were to work it would risk your health so much etc
You are also supposed to be able to carry out the descriptor actiity "repeatedly, reliably and safely" otherwise you are treated as unable to complete the activity at all.

You should (I think) be paid the appeals rate until your appeal is heard, but don't quote me on this, other posters may know more.
Sorry if I am not being clear, brain is rather foggy this morning.
There are many websites out there with more detailed info.

Agree with other posters, get some help with the appeal. CAB or DIAL or similar benefits help in your area. There may also be a support group for folks with your condition, they may be able to help.

Best of luck!

WPN

There is still a large assumption that Decision Makers spend 2 hours per case looking at evidence, pass it on to another Decision Maker for another 2 hours to confirm, get a solicitor to overlook it etc. and then make the decision

The reality is, soon as its a fail its a fail.

I think its a conspiracy how the majority (from what I have heard on forums, not sure about overall cases) of people who failed the test scored 0 points. Not, 8, not 3, not even 1... but 0!! It as if its all fixed 8-) If so many people are failing with zero points, and if the tests were genuine, they should all be prosecuted. The truth they just want to force everyone on to JSA. Make sure you appeal!

eskimo26

pinklady21 wrote: »

Did you submit any medical evidence from your treating doctors?
If so, refer to this too.

OP what additional evidence did you submit to the DM? All fairly recent reports between specialist consultants, nurses and clinics that were sent to your GP could have been forwarded, as well as a photocopy of the little side effects leaflet that comes with your medications.

You need to give the DM a reason to doubt the ATOS medical, I had a contents page on my evidence that linked each descriptor I thought applied to the relevant evidence. I'm sure this made it child's play for the DM to look up the descriptor and corresponding evidence in a matter of seconds. I'm convinced its the reason I passed.

dustinjames

thanks everyone.
the only thing i submitted was the filled in form/questionnaire.
i had a mental health report that was made by pro nurse summarising my condition/situation, i took that to the interview/medical,
he said he didnt really want to read it and was not interested in it, and it wasnt taken into consideration. so basically he said he didnt read my form, and he dismissed my mental health report: the same report that my gp has.

so i am still awaiting the medical report i requested the other day from job centre, hopefully i get it this week.

shall i wait for that report before writing to DWP, asking for explanation, reasons for decision, asking to reconsider decision?
or shall i immediately write them now?
and also, the complaint about atos medical, included in same letter to dwp?
i dont know whether i should appeal right now or do above first..

my ESA payment which is supposed to be next week, i guess this will be not coming now.
how can i make sure i still get some sort of esa payment? are esa payments only started again once an official appeal is made?
or do they start once i ask for them to reconsider decision too?

the letter says you can make a new claim for esa if you have a new illness/disability.
my current/new sick note does have a new illness listed on my sick note for first time in my life.
not sure if should re-start a new esa claim, or continue fighting/working on current situation.

thanks again all.

Morglin

These give more info about appealing:

http://www.direct.gov.uk/en/MoneyTax...ts/DG_10013949

http://www.cpag.org.uk/cro/wrb/wrb207/esa_appeals.htm

http://www.benefitsandwork.co.uk/new...-appeals-guide

Lin

dustinjames

thanks all.
update:

DWP and job centre, are the same thing? i have one phone number that is both the job centre ESA helpline, and its the same number i have for DWP.

called atos to ask complaint procedure, they gave me an address to send complaint.

Just called the DWP/ESA helpline about all this.
I said i havnt receieved my medical report yet, i asked on monday.
She said it was issued on tues and should be here soon, might be second class. I said my letter says "you will get a further letter", what is this? she said it may be the same report ive asked for, and ill get it soon. i said letter says you can ask for them to "explain", she said should be same stuff im getting in post soon and to just wait. ask for written statement of reasons, now shes getting annoyed, she says i have everything coming to me. (well they need to word their letters better then).

i said i want them to reconsider decision. she said i have to ask them in writing. i said i want to complain too about atos person dissing my form and mental health report, she said write all that in letter to them, and also i think she said send complaint to ATOS directly.
she said it takes about one week to get a new decision made.

i asked for appeal forms, they should be coming now.
ESA has stopped, until appeal form is submitted.

i said i only have 1 month to do all this.
she said ask for reconsideration of decision and appeal at same time to make sure its all in deadline.

So now my next step is to
1) write ATOS complaining about the medical person not reading my form, and dismissing my mental health report.
2) write DWP/jobcentre asking to look at decision again, including in the letter: complaint about ATOS, and my new mental health report.

And just wait for medical report, forms, letters in the meantime.

not sure if i have the medical report or not.
there is a sheet included with my originol letter saying what points i scored for each category. and i have a "written statement of reasons" which literally says nothing more than you scored zero.

sorry to everyone, i ask alot of questions.

Should i wait for the medical report etc, Before i send the written request for reconsideration?

and im unsure what to write to ATOS. do i simply tell them about how poor the interviewer was? or do i ask them to do something, or ask for explanation? or .....

and the letter to DWP to reconsider decision, not sure how detailed this should be. will a simple short paragraph do? eg please reconsider as i believe the decision is wrong/not accurate, as 1) the form was not read properly 2) i have a new medical report: a photocopy included.

dustinjames

can someone please help with the last part of my last post please.
i want to get the letters written this weekend to post on monday.

and i have recieved the appeal form in post today. BUT have NOT recieved my medical report yet.

thankyou

kaya

i phoned the dwp(jobcenter) and told them i wanted to begin the official complaints procedure against ATOS due to my unfair and unreasonable treatment by them, i told the dwp that i would not have anything else to do with atos until my complaint was settled either, but i had gone without my dla for 3 months by then. I then made an appointment with my local mp and waited, within 3 or 4 days i got a phone call from a very nice man at the dwp who asked me about my condition, i explained that they had surgeons reports and mri scans there if they wished to verify anything and told them i was dissapointed that they hadn't already contacted my surgeons, he said they would reconsider my claim, the following week i got a letter stating that my award had been renewed and a cheque for all my backpay was in the post ! I can only assume that the MP's secratery may have contacted them to see if they could get any background info on me in readiness for my appointment . But i got what i was entitled to, and completely avoided any intervention with atos again