failed ATOS medical, please help, next steps..

cit_k

vwelsh13 wrote: »

I went thro the "report" and listed about 3 pages of "incorrct data" or fibs to put it nice...sent this to appeals

I haven't heard yet as the appeal is december...I am seriously considering making a complain to the nursing and midwifery council too...

results from tests that wren't done were listed....what I consider a diagnosis was made..which nurses can't do

etc etc bla blah..as far as I can see atos just provide cushy jobs :mad:

If there are grounds for a complaint, you should really put in a complaint, its the only way that the assessor is going to be brought to task over wrong doings really.

Also complain to ATOS / DWP if there are grounds, as ATOS have strict targets to meet regarding keeping complaints low.

Perhaps ring the NMWC and ask the helpline about each point you think is dodgy to see if they can expand on the sort of rules that may have been broken for each point, so you can be specific in the complaint.

Nettie66

My hubby 'failed' his ESA review in July this year...we asked for it to be looked at again and included a letter from his consultant. His ESA was reinstated whilst they looked at it and guess what...they didn't change their minds!! ESA was stopped and we got a big package last week with all his paperwork for the last two medicals and the tribunal is not going to be until MARCH 20012!!!!!!!!!!!!!!!!!!!!!!! He is now not getting any money. I looked through the paperwork and they have not even contacted his GP...everything has been based on a form that is confusing and impossible to complete and a short face to face interview...whilst it went to appeal he was flat on his back again for 3 weeks in agony!!! He fell through some scaffolding and crushed about 5 discs in his back and still suffers immense paind and sciatica...but because on the day of his medical he is 'fit' for work!!! Sheeeeeeeesh!

cit_k

Nettie66 wrote: »

My hubby 'failed' his ESA review in July this year...we asked for it to be looked at again and included a letter from his consultant. His ESA was reinstated whilst they looked at it and guess what...they didn't change their minds!! ESA was stopped and we got a big package last week with all his paperwork for the last two medicals and the tribunal is not going to be until MARCH 20012!!!!!!!!!!!!!!!!!!!!!!! He is now not getting any money. I looked through the paperwork and they have not even contacted his GP...everything has been based on a form that is confusing and impossible to complete and a short face to face interview...whilst it went to appeal he was flat on his back again for 3 weeks in agony!!! He fell through some scaffolding and crushed about 5 discs in his back and still suffers immense paind and sciatica...but because on the day of his medical he is 'fit' for work!!! Sheeeeeeeesh!

ESA should still be paid at the assessment rate whilst you are appealing, I would contact the dwp to ask why there not getting paid.

rogerblack

In addition, you can request payment in compensation of maladministration - if they should have been paying the appeal rate, but were not.
(in addition to the backpay of the ESA assessment rate)

In addition - DLA would seem to be a possibility, if the problems result in severe care or mobility needs.
If severe, these may add extra components onto the ESA (not the WRAG or support group rates), in addition to the money paid due to DLA.

Nettie66

Thanks he gets DLA thankfully. We didn't realise that he should still get something though. It appears to be a complete farce...the fact that the appeal wait is March 2012 shows how heavy their caseload is.

dustinjames

ESA50 questionnaire has been changed, its shorter now, like 7 pages! some questions combined with others, some missing
all together, rewording all over. (im comparing it to early 2011 version).

Nettie66

Yes I agree...it is now a nightmare. Hubby would dearly love to work. He went from being a builder working 40+ hours to zero overnight. Oh...and we have got his payments reinstated on the assesment level so thanks guys!!

JS477

cit_k wrote: »

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

That's why it's important that you take someone with you to take notes to back up any "discrepancies" which may crop up also make your MP aware of your experiences with this company as they're already under the microscope for the quality and standard of their assessments.

Then of course appeal using a GL24 as you stand a very good chance of winning going by current appeal stats.

cit_k

vwelsh13 wrote: »

Originally Posted by dustinjames
thanks.
got the call back, by someone who didnt seem sure of themselves.

said the appeal is ongoing still, but as there was queries on the case, and the medical was not
up to standard, ill need to do it all again.


finally admitted that the "medicals" are not up to standard...........thats a miracle!!!

A miracle not worth the paper its written on, if it was verbal, and not recorded....

Quite why they would need to send you for another medical, if you have an ongoing appeal is beyond me.

Can you clarify that point a bit more?

Nettie66

We have appealed...tribunal is in March 2012 - and we are seeking advice from a welfare group on Friday next week who will also be attending!! Absolute farce this system now! And yes I shall let my MP know!