partner didnt pass ATOS medical......

magoogy

partner didnt pass medical......


ESA MEDICAL WITH ATOS....

well its happened as i knew it would......

partner got called to a medical about 6 weeks ago, which i knew was a farce from the start to finish - at first the woman doing the medical didnt want me to go in the room, until i said i was his carer and he needed me there. We went in and she started the medical - talking over me at all times, until i asked her why i wasnt allowed to comment - she was smirking at me all the time and said it was his medical and not mine.........i explained that being his full time carer there were things i could contribute that i thought were important but, she once again, just smirked at me, so, i shut up and didnt contribute at all.


my partner has memory gaps and he was also very anxious - there were parts he didnt really go into why his life is bad due to his disablility and how he couldnt really do anything, etc - being a typical man he just sort of rushed over it with her, giving one sylable answers to her quickly fired quiestions. I knew he wasnt really giving truly detailed replies but felt i couldnt say anything as id 'been told'.

now, we just had the phonecall saying hes been cleared to work and there will be a letter sent out to him.

Im worried now - what will happen and will he really have to try to get work? he can hardly walk and spends most of the day in bed due to being like a zombile due to the tablets for his pain. When not asleep hes in constant pain that tablets hardly touch anyway unless he takes the high dose that makes him sleep. He cant sit down for long, he cant stand for long, he cant walk far and spends most of the day when awake lied comfortable on the bed.

His illness is called fibrous dysplaxia, which he has in his hip and ribs but, will also gradually spread to other places. There is no cure so its not something that will get better, but, luckily it is a slow bearing disease that wont kill but does give intense pain.

The woman doing the medical didnt even ask about what his illness is all about.

We cannot get a drs appointment now until 29th september as the dr who my partner sees all the time and as done from the beginning is on holiday.

Any help as to how to procede now will be totally appreciated. Thanks.

one more thing ive just thought of too - will my carers allowance now be stopped too?.....

purplehearts066

I'm so sorry to hear that.

The medical assessment looks at whether you meet the descriptors or not - and is not really concerned with the nature of the condition or illness. So someone with a mild or minor illness could pass, if they could prove they met these descriptors and someone with a debilitating condition could be denied the benefits, if it was felt they didn't meet the descriptors.

Please do fight this - the success rates at appeal are very good. You can go through a few appeals, but the success rate at the first one is averaging around 40% nationally, although this varies from place to place.
It sounds like you could really do with some good quality advice, and representation if possible. Are there any community legal services in your area? Or solicitors who deal with welfare matters? How about trying to arrange a support worker - does your local council offer a tenancy support service? Could you contact the CAB? Being denied benefit when you genuinely need it, and are ill is very stressful, and having someone who knows their stuff helping you could really help ease the burden.
If you want to appeal yourself, there's lots of info on the internet and I'm sure someone else here can give you more detailed info on how to proceed. I think, to prepare for appeal you will need to request a 'statement of reasons' and a copy of his medical assessment.

I believe that whilst appealing, you can claim the assessment rate of ESA which is around 60 pounds a week.
I thought that an award of Carer's Allowance was usually based on DLA - which shouldn't be affected by him being found fit for work - although please correct me if I am wrong. If it is affected - I can't see it being stopped whilst you are appealing, although again, I don't know.
Best of luck

Muttleythefrog

Op. As above. The benefit main phase is tested against descriptors. It's against these that the battle is won and lost. Appealling probably will be the best course of action... assessment rate ESA can probably be claimed while awaiting appeal.. usually requiring cover of sicknotes from doctor. You might need to seek 3rd party legal support.. Welfare rights/CAB etc to help with appeal.

Request from the DWP (number at top of ESA letters) a copy of all the evidence they used to make their decision (that should include the ATOS medical report) and a statement of reasons for the decision (if they aren't already supplying such).
Get a GL24 form and complete to indicate appealing, or write letter requesting appeal as disagree with decision... legal support may help here.
Gather any supporting evidence you can that the descriptors you think should apply do apply (this is the point where really supportive and clued up medical professionals can really help their patient if they choose to)... in fact even showing evidence of the health problems may help here if they were dismissed in the medical report or you feel there is doubt about them causing a doubt in their day to day effects. Extra evidence can be sent to DWP who will carry out a reconsideration automatically as a response to an appeal request (in fact they may even call your husband in relation to collecting further oral evidence from him regarding this reconsideration). If the DWP reconsider and don't change decision then they'll send papers off to tribunals service to take over matters for the appeal... additional evidence should then be sent to them instead come that time.
Opt for an oral hearing for appeal tribunal... you shouldn't face any nonsense regarding being able to attend that!! Tribunal may well take many months to be heard... big delays due to people in your situation!

The alternative to appealing is probably to look at other benefits or potentially wait until can claim again for ESA (usually 6 months from DWP decision to turn you down)

Muttleythefrog

Deleted as replying to removed post.

pmlindyloo

MissMoneypenny wrote: »

I don't think he is expected to "any" job. I had to change my job when I was injured and I will never be able to do that job again, but there any many jobs that I can do. Fortunately, I can still use a mouse:)

I thought ESA is tested on what people can do and not on what they can't do?

It's very easy to go in a downward spiral when you get pain but for those that can work; life gets better.

I don't disagree with you

There is another thread running about a similar case and there are some very interesting observations on there about the whole process.

The current situation with ESA seems to be a bit of a minefield and must be giving some genuine claimants much unnecessary stress.
Unfortunately, there is no easy answer. Anyway, I think the OP has had some good suggestions so I will bail out now:)

Sixer

OP: fibrous dysplasia is one of those diseases that have very wide ranging levels of symptoms, depending on the patient. (An uncle of mine had this).

For those who don't know, it causes tumours on the bone and progressive bone weakness similar to the way osteoporosis does. Patients suffering severely, particularly if more than one bone is affected, would certainly be unlikely to do any manual jobs that require standing or walking, may suffer deformity, and pain levels may be such that work isn't practical at all.

Obviously we on this forum can't speak to the level of your husband's symptoms. But if you feel they are severe enough to meet the ESA descriptors (look them up) then an appeal would certainly have a chance of success. You will need evidence, such as medical reports about the number of bones affected and the severity of the growths, copies of prescriptions, etc. Has your husband had any physio or similar? Do reports about mobility exist? Has he had a claim for DLA accepted? Appeal and gather together as much evidence as you can.

TrixieB

it's all very well and good saying that someone is fit for work and doesn't pass the medical for ESA - the crux of the matter in my opinion is that you are unfit to DO YOUR OWN JOB even with any adaptations as necessary, not do ANY JOB.

take me for instance - I cannot do MY job just now, I work in kitchens and recieve NMW * well SSP right now* - I could probably do another job yes, one that doesn't involve sitting, standing, walking for more than five mins at a time, BUT are there jobs out there that I can do this in? Are they in my field or am I being expected to apply for jobs not in my field? Do I have the nec quals to do said job? Will I even get an interview for another job with my history?

I know the point I'm trying to make but failing here as a bit fuzzy today

read this back and think I've totally missed my point gah!

Sam____2

purplehearts066 wrote: »

Sam, can I please remind you of the sticky at the top of the benefits board. This board is for giving advice to people, to help them claim what they are entitled to, and assist with any benefit related problems or queries. It's not about grinding your own axe regarding the benefits system.

I don't think anybody disputes that the assessment is imperfect. The very high rate of success at appeals (40% for the first appeal) - when claims are looked into and medical evidence considered more fully - seems to confirm this. The assessment is very blunt tool - based entirely on some rather bizarre descriptors, with little regard to the nature of the condition, and little understanding of the variability of many long term health conditions. The assessment done by the 'health care professional' (not necessarily even a doctor) is not a medical in the sense most people would understand it. It basically involves a list of computer generated questions, relating to the a forementioned bizarre descriptors. And the final decision is made by a DWP decision maker, not a doctor.

So I don't think there is anything surprising or suspicious about the stories we hear on these boards about people with debilitating health problems losing their benefit. And frankly, it's not our job to play judge and jury - it is our job to offer advice to the poster, based on what they have told us.

You don't need to remind me of any stickys luv, i know what they say and I haven't gone against any of it.
You really should step down from your high horse, I have worked in various departments of the DWP and I know exactly how it all works.
I will say it one more time for those of you who have problems understanding. I gave advice and it was the very first post on the thread, some people may not agree with my post but it was not intended to be sarcastic, venomous, nasty or anything else it has been acused of being.
I still think it's a positive thing to be found fit for work and I'm not going to take that back, I also know for a fact that people exagerate the circumstances of the medicals, obviously not in all cases but a lot.

Once again someone who has joined a thread to antagonise a situation, pretty sad and ridiculous really...
I am entitled to post and give what advice I can, which I have done, have you?

Oh and I have no axe to grind with the benefit system, unlike some on here,

stroodes

believe me I know and have never reported................I have family members who are exploiting this, shame on me I know but is true, therefore I know can be done.

Muttleythefrog

stroodes wrote: »

who came first the chicken or the egg????????? Why do you have a problem with people who may disagree with you?

Stroodes mate..lol.. when I left this thread earlier today it had about 4 pages.. when I returned it had less than half a page. It's the admins who have been disagreeing it would seem and so I think we all need to leave this thread to its natural end. The Op got advice still left above and got good advice (and no controversy when I scanned it) in a duplicate thread in another section. I'm confident the Op knows what to do next from what they say elsewhere.

stroodes

fine and well, just glad benefits is getting shake up it needs................and no need to call me mate with a tongue in your cheek,..............although if we were all same minded would be boring, muttley my adversiry will agree to disagree [ ok bad spelling]