partner didnt pass ATOS medical......

Sam____2

dave030445 wrote: »

By reading some of your passed post there is no way you have worked for the DWP oh sorry maybe a cleaner

What's wrong with being a cleaner? It's a good honest job, I have a small business now as a cleaning company, I started it up when I had my youngest 2 kids because I wanted to work, but hours that suited me.

I have indeed worked for the DWP, in quite a few different capacities. I care not wether you believe that, it doesn't really matter to me.

What I will say though is this is a forum, not everyone will have the same opinion. But there is absolutely no need for peole to get personal and resort to sending insulting pm's like the ones I had earlier, that's just childish and unnecessary. Hopefully those involved have got the bitterness and nastiness off of their chest, I'm completely disgusted with the level some will stoop to just because they disagree with someone else's view point.

stroodes

have to agree sam.................. chokes me to say that our muttley is also a good one.............jus different views

cit_k

Sam___ wrote: »

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,

Actually, I would say greater than 99 percent of people underexagerate the problems they had at the medical.
Because they are not aware of the fact their medical was conducted in breach of GMC rules for example, or have not read the medical report, or do not know ATOS contract details.

purplehearts066

Sam, I did not join the thread to antagonize the situation. If you look, I had already responded twice with constructive advice for the OP.
Telling someone, who has described debilitating health problems, is upset they have failed their medical and wants advice on how to proceed that 'they should be pleased' and then talking about how people lie and exaggerate during their assessments IS antagonistic.
I'm not going to say anything else because this thread is supposed to be providing advice for someone and it has gone in a completely different direction.

smileytiger

magoogy wrote: »

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?.....

If it's any consolation my husband has had 2 - both of which he has been passed as fit to work
No1 - Doctor had never heard of my husbands condition - she photocopied our hospital notes & he fell flat on the floor during the balance/walk test.
No2 - he was told she was passing him fit to work - but sheadmitted he'd probably never work again as there was such a limited scope of jobs that he could physically do.

My husband suffers with cervical spine stenosis and has severe spinal cord damage - which results in intermittent communication between his brain and his arms/legs - so one day he can walk - next day he cant - one day he can use his hands - next day he cant hold a knife n fork - it's completely random & not curable despite him having major spine surgery to stop any further deteriation of his spinal cord. He has limited feeling below his chest if you touch him he feels nothing or he gets intense pain if you touch him.

As he is classed as fit to work he was appointed a back to work one on one mentor to get him back into work - that was in August 2010 - we're still waiting for her to contact us - never even had a phone call or letter from her.

Hope things work out for you - but failing one of these medicals doesn't always mean the worst.

Hubby still gets his ESA & DLA - because he qualifies for them - he is just in the work related activity group (haha - as no one bothers)

Ironically he would love to work, & hates being a housebound cripple at 50 - if they find an employer who would be prepared to take on a randomly spasmic, randomly non walking, randomly unable to hold a pen or work a pc etc then he would jump at the chance - i'm not holding my breath.

Good luck anyways chick.x

I've actually taken him to job interviews - but once you explain the medical problems they can't get rid of you fast enough..

Two4Tuesday

smileytiger wrote: »

If it's any consolation my husband has had 2 - both of which he has been passed as fit to work
...

Hubby still gets his ESA & DLA - because he qualifies for them - he is just in the work related activity group (haha - as no one bothers)

If your husband is in the Work Related Activity group then he has not been passed fit to work at all. He has achieved the 15 points needed and is assessed as having Limited Capability for Work.

If he had been passed fit for work, he would not be on ESA now - he would probably have to claim JSA instead.

smileytiger

Two4Tuesday wrote: »

If your husband is in the Work Related Activity group then he has not been passed fit to work at all. He has achieved the 15 points needed and is assessed as having Limited Capability for Work.

If he had been passed fit for work, he would not be on ESA now - he would probably have to claim JSA instead.

sorry my bad wording...they said 'fit for work'....they just don't know what as...the whole system is mad:D

As far as i can see the work related activity group has absolutely no purpose to it - as no one has ever tried to help him into work..'activity' implies something will happen.. sorry don't want to get into a whinge about the system as that won't help OP - i think what i was trying to say was that her husband sounds lke he's in the same boat as mine as by the sound of it he couldn't hold down a regular job either ...sorry waffling now .x

wild666

magoogy wrote: »

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?.....

What many haven't picked up yet, that I consider to be vitally important is the state of the attire the claimant attends the medical in, although this is, if I remember rightly only a 1 point scoring subject on the report it can have a great effect on how the HCP perceives the condition of the claimant.
If you are the person that could have explained how the claimant condition(s) effected them, even better than themselves, then the claimant should have not spoken a word as the HCP would then have had no option but to ask you or you could have then started to answer the questions that were asked, when I didn't answer this is what the HCP did.
When referring to pain in these interrogations it is vitally important that you use the words CHRONIC or SEVERE as a favourite phrase of these ATOS HCPs is that pain is all in the mind.

You should get form GL24 and appeal the decision and get as much evidence as possible to back up your claim

A few tip for preparing a case for appeal

Do's
Always try to be represented.
Always prepare your case thoroughly.
Always be polite, it is to your advantage.
Always use your worst day scenario.
Always explain your medication and how the side affects cause problems.
Always try to use the wording of the descriptors in your answers.
Always explain your sleeping problems.

Dont's
Do not lie about your condition or ability to work, we do not support fraudulent claims.
Do not be afraid of the Tribunal Members they are only human.
Do not rant or swear at the Tribunal it will not help.
Do not think just disagreeing with the HCP is enough.
Do not skimp on preparing your evidence a good case wins.
Do not admit to being able to do things sometimes.
Do not have a paper hearing.
Do not agree to a short notice hearing.
Do not defame the Atos HCP you will only antagonise the panel.
Do not sit and suffer if you are in severe discomfort or need the toilet tell the panel, sit and stand as required.
Do not be afraid to show your feelings, cry if you must.

Taken from
http://dwpexaminations.blacktrianglecampaign.org/phpBB3/viewtopic.php?f=8&t=314

vax2002

It's a trade and no place for honest people...

Muttleythefrog

smileytiger wrote: »

sorry my bad wording...they said 'fit for work'....they just don't know what as...the whole system is mad:D

As far as i can see the work related activity group has absolutely no purpose to it - as no one has ever tried to help him into work..'activity' implies something will happen.. sorry don't want to get into a whinge about the system as that won't help OP - i think what i was trying to say was that her husband sounds lke he's in the same boat as mine as by the sound of it he couldn't hold down a regular job either ...sorry waffling now .x

Yeah as mentioned above... the phrase the HCP seems to have used at medical is misleading (unless her report was rejected in conclusion by the DWP decision maker who reached a different conclusion).. if in WRAG he was found to have 'limited capability for work' and not 'fit for work'... Support group is for those with 'limited capability for work related activity' (also). The HCP shouldn't actually be indicating things like this anyway AFAIK as they're not making the decision on the claim... perhaps it can be overlooked as a 'recommendation' and bit of forewarning..lol... there may have been a genuine attempt to put him at ease by effectively telling him she was recommending he get the benefit (but something was lost in translation).

The medical originally contained a second part... to medically establish how a return to work could be engineered in the future. The idea was that for those in the WRAG (or otherwise if desired) they could discuss with their advisor in the 6 (usually) compulsory back to work interviews a potential return to work in future armed with this 2nd part of the medical report (which was nothing to do with assessing entitlement to ESA). This government decided to drop that part of the medical.. I assume because of the sheer volume of claims with transfers coming from other benefits into ESA. They have introduced this Work programme thing... don't know too much about that.. but that applies for many in WRAG I understand. I'm not sure how helpful that might be for him...it may not be viable... but if he isn't asked to attend the programme he may be able to voluntarily do so.

If you feel you ever need clarity on these decisions regarding his ESA you can ask them for a statement of reasons for a decision. But probably more helpful you can ask for a copy of the medical report from DWP (number at top of ESA letters) and these reports can often shed light on great darkness...lol... not necessarily eliminating any fears of gh ouls in the room dare I say..lol.. but in these times of economic turmoil it always helps to be able to get a nice free work of fiction to read..lol.. especially when the author has gone to the trouble of making you a central character in the plot