failed ATOS medical, please help, next steps..

Parva

Dognobs wrote: »

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

[sarcasm]
Yep, I'm sure that everyone going to these lengths with ATOS are workshy. God forbid that anyone with genuine health problems (be that physical or mental) actually get awarded benefits.
[/sarcasm]

Have you actually got a clue what people have to go through to get to this point? Perhaps you should go and lobby your MP and get doctors struck off for having dared to put people on the sick for 3 months+. And then you can ask the same MP to have ATOS struck off when they make a mess of it and people are left struggling to get the benefits that they are entitled to or in your view, found to be entitled to such benefits.

If you have nothing constructive to add then I suggest that you don't add anything.

dustinjames

dustinjames wrote: »

thanks all

Doctors charge around £45 for writing a letter on behalf of patient to Jobcentre or Council?

I think i need 2 letters from doctor to jobcentre and Council.
one for appeal of esa claim.

can i get help to pay for these letters?
£40 each.
GP surgery says if i go to CAB, get CAB to tell my doctor to support my ESA appeal, then there is not charge of letter, to me.
But as for letter to my local council from doctor supporting my housing benefit cut decision, not sure.

dustinjames

CAB quickly attached a caseworker to me, made me sign some forms, very quick, no chance to read,
i had written my own ESA appeal, just went in to ask some general questions, they made it all rather legal and cold and robotic and formal,

I dont understand fully whats going on.

What does it mean to have a Caseworker attached to me?
What do they do? and they are employed by? they are volunteers or paid employees of cab?

CAB have sent me a letter with some misinformation on the meeting we had and
what was said.

The letter says i asked for help and assistance with appeal a few times, which i didnt really.

Does it matter if this letter is incorrect in some parts?
My condition(s) is not entirely accurately worded on letter.

I went to CAB many months ago with appeal questions, and they just answered questions and left me to get on with appeal. BUT this time, why is this all different?

ALSO he went through some descriptors in meeting very quickly and made notes,
WHY was this? On the letter to me, the descriptors he made notes on and my comments are mentioned with points scored over 15. BUT not ALL the descriptors or areas of physical and mental health were spoken of in meeting, as it was a bit rushed and fast paced.

Do you think this descriptor and points scoring by CAB will be sent off to jobcentre as part of appeal?
If so, id like it corrected and more thorough.

I dont wanna argue and be difficult with cab as they might be offended and not help as much.
i mean, cab are on my side are they not?

Letter also says if case is not strong enough cab will withdraw.
WHAT?! i didnt even ask them to be my caseworker etc.

What if my appeal was not written by me? CAB would have written it all up for me?

Now they say they will help me with DLA form. Which im pleased with, but just dont want that rushed.

So now my appeal is a "CASE"? so potential for costs incurred and charged to me?

It almost felt like a salesman, sign this, sign that, well do this, ok, goodbye.

thankyou

Parva

dustinjames wrote: »

It almost felt like a salesman, sign this, sign that, well do this, ok, goodbye.

Sounds to me like you're actually getting some help and rather than read the actual form that you're signing you are now whining because you have signed them without reading, understanding or dare I say even asking what you are signing.

Don't come here complaining that CAB have actually tried to help you and because you can't read forms that are presented to you and are asked to sign.

Some people are just beyond help....

dustinjames

my appeal is going to tribunal, ive had two medicals, and both times atos have admitted that theyve messed up and the medical report not accurate, how can decision maker agree with 0 scoring if the report itself is not done properly and atos have admitted it? also the appeal papers and facts have errors and omitted info.

so atos admit fault, then thats the end of the matter?

i should be having a proper medical and reconsideration/decision, before it goes to tribunal. I really dont want to go to appeal tribunal.

Can i say ill go to hearing in person, and say, if i am unable to attend or change my mind, will they just go ahead with paper hearing? or will they disqualify me and not go through with appeal? Say if im better by then, and am working, or on JSA, etc, would i simply still go and state my case for dates x and x during which i was on esa and entitled to it?

eg if i decide i can work or try to atleast in near future, and go on jsa, or get a p/t job, would the appeal still be ongoing? eg 'i was entitled to ESA during that period'. ?

thanks.

Ellejmorgan

dustinjames wrote: »

my appeal is going to tribunal, ive had two medicals, and both times atos have admitted that theyve messed up and the medical report not accurate, how can decision maker agree with 0 scoring if the report itself is not done properly and atos have admitted it? also the appeal papers and facts have errors and omitted info.

so atos admit fault, then thats the end of the matter?

i should be having a proper medical and reconsideration/decision, before it goes to tribunal. I really dont want to go to appeal tribunal.

Can i say ill go to hearing in person, and say, if i am unable to attend or change my mind, will they just go ahead with paper hearing? or will they disqualify me and not go through with appeal? Say if im better by then, and am working, or on JSA, etc, would i simply still go and state my case for dates x and x during which i was on esa and entitled to it?

eg if i decide i can work or try to atleast in near future, and go on jsa, or get a p/t job, would the appeal still be ongoing? eg 'i was entitled to ESA during that period'. ?

thanks.

you are more likely to win tribunal if you attend in person..
Also for future reference you are now entitled to have ATOS record your medicals, mine has just been postponed because the equipment isn't available when they wanted it to be..

my last medical was 3 years ago was placed in the WRAG never did get statement of reasons or find out what points were for what..

Keep fighting..

Lady_K

dustinjames wrote: »

thanks all

Doctors charge around £45 for writing a letter on behalf of patient to Jobcentre or Council?

I think i need 2 letters from doctor to jobcentre and Council.
one for appeal of esa claim.

I was going to ask my GP to write a short letter to send in with my ESA50 requesting a home assessment, is it likely that I would be charged £45 for that too does anone know?
The GP receptionist refused a few years ago to give me copies of consultants letters about me, she said they don't provide them and to contact the hospital but they didn't either

Also who do I ask for my prescriptions list because whenever I receive prescriptions delivered to my house there is never any list inside so I have no proof of prescriptions

Dustinjames
Just wanted to say good luck with your claim you are putting up a good fight!
My form is also very full I'm doing mine online by pdf and theres so much in the boxes the writing has come out really tiny plus I was going to add extra sheets but now I'm beginning to wonder if they wont bother reading it anyway so I'm thinking of cutting it down, should I?

scooper1961

I have been refused Ill Health Retirement pension due to ATOS decision, even though Atos Occ Health doctors confirmed I'm not fit for my job any longer.

Appealed but every forum says Atos will refuse until their dying breathe.

Not even got as far as ESA judgement on questionnaire.

Don't think I can wait that long.....I just can't stop thinking of a way out of this life

Bamber19

shedboy94 wrote: »

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!!!

On the face of it it looks silly but in fairness to them both assessments were done to different standards, one was testing an individuals ability to do a specific job, the other was testing an individual against a one size fits all block of descriptors to record individual things the person cannot do with absolutely no thought to fitness for work despite the assessment being in relation to a benefit that is wholeheartedly about fitness for work:money: