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On ESA had my atos examination today

Hi, I had my atos examination today, I have 2 prolapsed discs and I'm currently awaiting surgery, I can hardly walk (with crutches) and I'm on very high doses of morphine. In my examination the atos examiner looked at my medication, letters proving my condition and that I am awaiting surgery, he asked if I had any hobbies, which I answered fishing, which I currently can not do, he asked what I do all day, I said nothing because of all the pain I'm in, he then asked do you brush your teeth???? I said yes, and that was my examination over took about 15-20 minutes, I've read on anuther forum the longer your seen the better, so is the time I was In there bad? He asked nothing about walking, bending over or getting up steps? It was almost like he had made his mind up before he had even seen me? :cool:
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Comments

  • Muttleythefrog
    Muttleythefrog Posts: 20,554 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 24 June 2011 at 8:54PM
    Interesting. Very hard to tell. The letters you took will have probably eliminated their possibility to ignore your claimed conditions which would hopefully speed them up in assessment. The questions can often be oscure to reveal facts they'll use to assess against the descriptors. Undoubtedly the hobbies question was to see if you engage in physical activites that would undermine your claimed severity of symptoms. The question about what you do all day similarly... an attempt to get you to reveal activities that may lead to lines of questioning or revelations about activities you can do.

    The timescale... a tricky one... someone who is perfectly fit for example might be quickly assessed. However I'd say in general the shorter the better, not least because the HCP can abort the medical when support group criteria is triggered. But you just can't tell really.

    From reading the ESA50 you probably filled in, he may well have had felt few lines of inquiry were necessary. And the fact you presented evidence you have impending surgery will have been something the HCP couldn't ignore.

    What you can do though is request a free copy of the medical report generated from the DWP which will give an excellent indication of what outcome will likely be since it actually scores you against the descriptors and the decision makers usually take them as gospel. The HCP will have compiled their report and forwarded it to the DWP which they might get soon. It usually takes considerably longer for a decision.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • CountryGuy
    CountryGuy Posts: 714 Forumite
    In your circumstances I'd like to think the assessor knew you are not fit to work so just asked the few questions rather than send you back straight home. I hope this is the case for you.

    Definitely follow muttley's advice.

    Good luck and do let us know the outcome
    Just sold a lawnmower on Ebay.. That's the last time my neighbour will wake me up on a Saturday morning!
  • Thanks for your input guys, I have also read that people who have failed can no longer be given doctors notes from there gp's cos the dwp inform them that they believe your fit for work, I'm now worrying about this because my imployers and company doctor no full well I can not do my job as im employed to work in the warehouse, I don't know how I stand with this, if this happens. I will keep you informed what ever happens.
  • CountryGuy
    CountryGuy Posts: 714 Forumite
    If you fail you can appeal, I think once you have requested an appeal you then continue to send sick (fit) notes to the DWP and will receive the assessment phase rates until your appeal has been heard.

    I'm sure muttley or someone else will be able to explain this procedure fully to you.

    Try and stop worrying, I know that is difficult but do try.
    Just sold a lawnmower on Ebay.. That's the last time my neighbour will wake me up on a Saturday morning!
  • jackieb
    jackieb Posts: 27,605 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Did they say to you at the end of your examination that if you weren't happy with the result, that you can appeal? The nurse said this to my son a few weeks ago after his, and he got a letter in this week to say that his money will be stopped. He received 0 points, despite him not being able to move his head because the skin on his neck was weeping. His GP writes on his sick noted that he suffers from disabling excema. At the time of his medical he had a severe infection and was on antibiotics and steroids for it. He looked like a burns victim and he could hardly move his joints or open his eyes. He's been hospitalised with it in the past and it was the job centre and his GP who told him to claim for it.

    We're waiting for another letter to come in which explains the decision, but we're going to appeal. You can ask them to look at it again before you go to appeal. They might change the decision without the need for an appeal. We had the same bother last year with DLA. Asked them to look at it again, got a letter to say that the decision to refuse it was the same. We went to appeal. Got an appeal date. A week or so before the appeal date, he got a letter saying they'd looked at his claim again and decided he was entitled to DLA - without even seeing him again, and 9 months after the original claim - and no need to even go to the appeal.

    I hope you get your ESA, but don't be surprised if you don't. Most people are successful in their appeals.
  • Hi, please do not worry as AFAIK the letter that may go to your GP actually says that they do not have to keep writing fit notes but may still do so if they think that you are still not fit for work. So they can still give you these and that allows you to appeal as you need to keep sending them until your appeal is heard.

    I am in the same position at the moment so I do know how you feel. Hope all goes well for you and best of luck. :)
    Sometimes it seems that just when I think I have reached rock bottom, someone hands me a shovel.
  • To jackieb, at the end all he said to me was, do you have any questions for me? I said no, amd that was it he mentioned nothing to do with appeals.
  • jackieb
    jackieb Posts: 27,605 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    To jackieb, at the end all he said to me was, do you have any questions for me? I said no, amd that was it he mentioned nothing to do with appeals.

    Fingers crossed that's a good sign then. :)
  • Muttleythefrog
    Muttleythefrog Posts: 20,554 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 June 2011 at 11:35AM
    Thanks for your input guys, I have also read that people who have failed can no longer be given doctors notes from there gp's cos the dwp inform them that they believe your fit for work, I'm now worrying about this because my imployers and company doctor no full well I can not do my job as im employed to work in the warehouse, I don't know how I stand with this, if this happens. I will keep you informed what ever happens.

    Yeah try not to worry. You'll be perfectly entitled to appeal if all went wrong.. and while you wait for that appeal tribunal months down the line you should be able to continue getting assessment rate usually requiring continuing sickness notes. So you're a long way from being forced back to work even if everything went wrong - and there's every chance it hasn't gone wrong at all.

    It strikes me you're suffering deep anxiety and so I would definitely request copy of medical report early next week.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Muttley your absalutely right about the anxiety, my doctor a month or so a go put me on butrans patches as well as morphine tablets, since I've been wearing the Patches I've felt very anxious almost to paranoid.
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