Income Support, DLA(PIP) & Atos - Story, Advice & Information

jayboi2005

this is awful, i didnt realise it was even this bad. I bubble along in my own little world up and down and all over the place but with the early intervention team who have taken me on again after the 2 year maximum period im getting by.

i was moving fine until i was called for a medical and that alone ended up getting me sectioned. it sounds like i was ver lucky with the doctor that i had. to which i am greatful, i just wish there was some way i could help you guys but im not sure if there is :mad: its awful!

i dont see why they cant use your own GP's and phycs to do these medicals i mean they know you best and they are not going to lie! its their job they are not our friends they are our friendly (usually) support network.


LITHIUM
that is a disgrace that a doctor denies knowing what it is used for, i am frankly shocked. if they lack basic knowledge like that i would question their ability to even conduct a medical. I would file a complaint with the GMC but again to someone who is ill and actually going through all this, i know the stress of it all would be enough to spark a whole new episode for me. I hope you all get things sorted and fight ATOS it sounds like they should have monkeys doing the medicals it would be more efficient and truthful. i hate to say it but i feel like their staff are liars from what im reading about them. so much for being impartial ! i am quite frankly disgusted.

if anyone needs a chat or anything im sure i will be useless but im happy to talk to anyone, and im just sorry for all your poo from this so called system

x

pipkin71

wottonby wrote: »

Let me just quote a sentence out of an ATOS report of mine that was completed by a doctor in respect of a claim:

"I am not aware of Lithium being used to treat mental illness....He claims that he became ill **** but it was not until 4 months later that he saw a Psychiatrist! In my opinion, this man is not suffering from a mental illness and consequently there is no basis for the claim."

Now anybody that is anybody knows what Lithium is prescribed for - mental illness. The drug (one of many) was prescribed by the Psychiatrist. And it took 4 months from when I asked for help at my GP's to getting to see the Psychiatrist.

Obviously I was denied the benefit. With a report like that, there was never going to be any hope of a claim being submitted again and it being successful. That report goes back to 2004!!!

Ironically within the next 6 months I had been sectioned twice! No I have never had a mental illness nor do I have one now. Yet I've been dragged back into the CMHT today for further assessment.

wottonby wrote: »

but yes I am now looking at the report - it is a 6 page BI118A form (for the IIDB claim), which seems to be the form that the doctor filled in for me at an assessment and then had me sign it at the bottom to say that what he had written was the truth.

That report is still held in my files and will be used against me again if ever I submit another claim. Why? because I signed the document without being given the time to read it and not being able to take in what it actually said.

This was 9 years ago, and in all that time I have not made any re-application.

I never appealed against that decision or the contents of the report because of the above in that I couldn't very well call myself a liar after I had certified that the report was true!
This is also true in that I did not renew my DLA entitlement either because of this report and haven't claimed that benefit either since.

A nine year old report would not be used against anyone to deny them DLA if they are entitled to it.

'If' they still used the report, it would be looked at alongside other evidence and, given that you have been sectioned twice, there is indeed evidence of mental illness.

Given that it is known that Lithium can be used as treatment, that can easily be challenged. You also say that you didn't challenge it because you signed to say that the report was true. Given that you are not a doctor, it would be easy to challenge signing the report, as you did not know what you were signing.

Reading your posts, there are things that just don't add up. You say you have never submitted a claim since then, and yet you are certain that you will be refused. How can you be so certain? There are many other people who have had first claims denied, to go on to successfully claim at a later date.

How can you be so certain of refusal based on being refused nine years ago? On that note, was it nine years ago or was it 2004 - you don't seem so sure??

pipkin71

wottonby wrote: »

when you have your medical, the assessor writes down (or should) (on form BI118a) your explanation word for word, of how the accident happened, what injury you sustained, medication taken and medical opinions given.

wottonby wrote: »

All I know is that I was placed under great pressure to comply by ATOS (the assessor) at a time when I was nervous as it was and in pain which meant that I just wanted to get out of there.

wottonby wrote: »

As you know the one I am referring to was Industrial Injury Disablement Benefit.

Was your industrial injuries claim for mental health problems? Or was it for physical problems

wottonby wrote: »

It's not fair, it's not right that people are being forced into signing these types of documents to secure a claim and then find that they are used against you for years to come.

Agree with this, although I do believe that reports can be challenged and further evidence used when making a claim.

wottonby

pipkin71 wrote: »

A nine year old report would not be used against anyone to deny them DLA if they are entitled to it.

'If' they still used the report, it would be looked at alongside other evidence and, given that you have been sectioned twice, there is indeed evidence of mental illness.

Sorry that was my fault, maths isn't my subject. The report is dated 2004 - 7 years ago.

They tried to use it against an ESA application in 2010. It was in the pack that went to the Tribunal.
The DW[p have told me repeatedly when I ring their helpline number that given what I tell them about the report I have, they say that it would be unlikely that a new claim for DLA would succeed - so I never made one. As for IIDB, when I contact Preston BDC, they tell me that the old report is relevant as I clearly confirmed that I do not suffer any mental illness by signing that report in 2004.

Given that it is known that Lithium can be used as treatment, that can easily be challenged. You also say that you didn't challenge it because you signed to say that the report was true. Given that you are not a doctor, it would be easy to challenge signing the report, as you did not know what you were signing.

I know that Lithium can be challenged. It was prescribed for me by the psychiatrist! But it's a bit late now to do that as that time limit has gone.
I feel bad enough as it is, and then telling them that I was off my trolley when I signed the form is going a bit too far!
That is making out that I am not able to deal with my own life's problems!

Reading your posts, there are things that just don't add up. You say you have never submitted a claim since then, and yet you are certain that you will be refused. How can you be so certain? There are many other people who have had first claims denied, to go on to successfully claim at a later date.

Because I have telephoned, my wife has telephoned and every time after they are told about what I signed, they say - ''I wouldn't bother''.
They took away my DLA simply because of this report. I was getting HRC/LRM. If they shouldn't have used that report or should have obtained a report from my psychiatrist instead then why take my DLA off me?

How can you be so certain of refusal based on being refused nine years ago?

Because the DWP have told me that it would be a waste of time claiming.

On that note, was it nine years ago or was it 2004 - you don't seem so sure??

I hope all that makes sense.

I have got to a point where you accept these things. The thought of fighting all of this terrifies me.

pipkin71

wottonby wrote: »

I hope all that makes sense.

I have got to a point where you accept these things. The thought of fighting all of this terrifies me.

Fighting terrifies lots of people hence why many do not challenge when they should. That said, there are people who believe they are entitled but fail because they aren't, so it's sometimes knowing whether you should appeal or accepting the findings.

One thing that worries me is, with the way assessments are now carried out, many people with mental health problems will find it very difficult to pass and, having received a refusal, are not in the right frame of mind to appeal. That is a great shame.

It's wrong that advice given on the telephone is that you do not reapply. In fact, it's unacceptable. Decision makers do not answer the telephone and it is not the place of the person who does, to tell you not to bother. They are not aware of your situation now compared to 2004.

You are now in the support group with regards ESA, do you think they used that report to make their decision of which group you should go in?

wottonby

pipkin71 wrote: »

Fighting terrifies lots of people hence why many do not challenge when they should. That said, there are people who believe they are entitled but fail because they aren't, so it's sometimes knowing whether you should appeal or accepting the findings.

All I can say to that is that the same condition, the same needs gave rise to an award of DLA (HRC/LRM) in 1999, on review in 2002 they confirmed the same award indefinitely.

Also in 1999 they awarded me 80% disabled for the IIDB claim, again on review in 2002 they confirmed the same award.
In 2004 again on review they removed all of my IIDB because the report said that I don't have a mental illness!

This then triggered an unexpected review of my DLA shortly afterwards and that was taken away from me because of the IIDB report.

Do I think I was entitled between 2004 and now - too right I do, nothing changed. Do I think I am entitled to it for the future - yes I do.

It is strange that two doctors before seeing the 3rd doctor from ATOS in 2004, had totally different opinions.
So all of my problems disappeared overnight in 2004 - yes and pigs fly!

One thing that worries me is, with the way assessments are now carried out, many people with mental health problems will find it very difficult to pass and, having received a refusal, are not in the right frame of mind to appeal. That is a great shame.

Yes that is how I feel and have done so for years.

It's wrong that advice given on the telephone is that you do not reapply. In fact, it's unacceptable. Decision makers do not answer the telephone and it is not the place of the person who does, to tell you not to bother. They are not aware of your situation now compared to 2004.

I think like you now. But in the past I readilly accepted what the DWP said and being gospel.
They were aware every time I rang because I told them the story and explained about the 2004 report.

You are now in the support group with regards ESA, do you think they used that report to make their decision of which group you should go in?

No it was the other way round. They used that report along with the ESA assessment & ESA50, to fail me completely. When it was appealed against by my CPN, they sent me a copy of the pack that went to the Tribunal in 2010. In it was a copy of the 2004 report, and on one page they admitted that they had used it to make the decision.

After an argument, and some 11 months or so later, just before it got to the Tribunal, they changed their minds and put me in the support group. I don't know why they did that and what evidence they used to make that new decision.

Thanks for your help. You seem such a positive person.

pipkin71

wottonby wrote: »

Thanks for your help. You seem such a positive person.

If you do decide to make another claim, good luck with it.

It's taken me a long time to get where I am, and I'm not always a positive person - like everyone, I have my moments

The people answering the telephones have no right to tell you that a claim will fail so, if you have the energy, ask for a form. The decision maker may say no after review but at least that is in their remit, not so those who answer the phone.

starchild1972

Before signing ANYTHING you can write...not fully read by signatory. BUT YOU DO NOT HAVE TO SIGN ANY REPORT YOU ARE NOT HAPPY WITH. If you feel forced to sign then report them. I once signed a form and then as soon as the ATOS chap left phoned DWP and complained as one of the phrases was "Obese to the extent of looking pregnant" I WAS EIGHT MONTHS PREGNANT. He got "removed" from ATOS duties.

starchild1972

Jason_F wrote: »

How terrible, where do they drag these people from?

He was a bona fide retired GP! Actually lived in the same village I did! I did get my DLA though thanks to making a nusicance of myself and my then GP writing a stinking letter.