failed ATOS medical, please help, next steps..

dustinjames

cit_k wrote: »

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?

atos admitted not following their own procedures in writing.
therefore scoring is incorrect.
DM cant make decision, so says back to square one.
i asked for reasoning from DM, got letter saying medical
report not done correctly so not valid, so further medical has
been requested. so im doing the questionnaire again and expecting
to go to a medical.

cp7

hi dustinjames, this is an absolute farce and i feel so sorry for you and this nightmare.

my sis is going through is/ib trf to esa and got a medical appointment only for atos to cancel it then rec'd a letter asking why she didn't attend. now prob will have to fill it all out again and it took weeks for me to help her.

i hope you get better help than the cab advisor, perhaps his manager or someone more experienced. i've told my sis to get more help than just me but it's a struggle for her with these things.

best wishes and i hope it's sorted for you soon

jojo_2012_2

Now that they've admitted the suspect the ATOS inspector didn't read your questionnaire I would hope that you report him/her to the GMC to stop him from treating other people like this. I work in a neurosurgery clinic, so many patients in tears to the consultants saying they've been deemed fit to work even though he, the expert, says he doesn't want them to work because it'll make their condition worse

I hope you get this sorted soon and get some kind of compensation.

Blackpool_Saver

dustinjames wrote: »

atos admitted not following their own procedures in writing.
therefore scoring is incorrect.
DM cant make decision, so says back to square one.
i asked for reasoning from DM, got letter saying medical
report not done correctly so not valid, so further medical has
been requested. so im doing the questionnaire again and expecting
to go to a medical.

WHAT ????????:eek:

morledge142

usuallly the date they give is just a guide.

for example mine said may 2011. finally had august 2011, and my dla is due next week.

so waited over a year for both.

just keep gathering evidence and wait. or ring up tribunal as once its passed to them it is out of dwp hands.

there is such a long waiting list all you can do is keep ringing tribunal and ask if any cancellations or change to another area with quicker lists i think somone told me.
good luck

morledge142

Nettie66 wrote: »

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!

this is just introductory letter from tribunal service see above.

good luck tracey.

mine went in nov 2010, letter said may 2011 got tribunal aug 2011 esa/ nov 2011 dla. (next week).:eek:

dustinjames

hi again, went for the second medical, scored 0 again.
what was annoying was that it was shorter and less thorough from the 1st medical,
and all my conditions/problems were not asked about in medical, almost like lots
of stuff was missed out in thier questoinning. the reason they did the 2nd medical
was that the 1st one was not accurate (they addmitted).

so now will request report and reasons for decision, ask them to reconsider,
then appeal if necessary.

unsure what they are asking or the process.
"you will get further letter explaining how decision made"
call to ask for written statemenet of reasons.
write to ask for reconsideration. (but wait for medical report before doing this?)
then appeal...
write to ask for face to face assessment report.
if you ask for written explanation BEFORE you ask for written statement of reasons, the month deadline is not extended.

thanks.

Muttleythefrog

Sorry to hear that dustin. That 'further letter' may in effect be the statement of reasons (written explanation may be the same thing).. I understand (but hopefully someone will confirm) that they may now be doing it as standard. But no harm in asking... ask (calling them on number at top of DWP ESA letters should be fine) for statement of reasons and copy of all evidence they've used including the face to face medical report (ESA85). You can ask them to reconsider but if you decide to appeal then they will carry out an automatic reconsideration anyway before sending off papers to tribunals service.... as a result people are usually advised there's no point wasting time and effort asking for reconsideration although it can act as a sort of delaying tactic if you are seeking new evidence, 3rd party legal support etc. I'd definitely try to get supporting evidence if you can... the closer it is to supporting a claim of various descriptors applying in your case the better.

Good luck.

Dognobs

No need to worry the flood of people with advice on how to avoid working has arrived.

shedboy94

Not sure if it's been posted anywhere, but in regards to ATOS, they not only deal with ESA claims, but manage the healthcare assessments for DWP staff. They decided a member of staff was too ill to work and recommended ill-health retirement. The same member of staff then applied for ESA and another ATOS "professional" declined it saying they were fit for work!!!