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partner didnt pass ATOS medical......
Comments
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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.
But what about if you always dress smartly as part of your persona? I use dressing smartly, looking decent i.e. hair washed, nice clothes on and maybe a smidgen of lipstick, as part of my mask so that to other people I appear "normal". Even when I was sectioned I always made the effort to get showered, dressed and do my hair. That is how I am..I don't even own scruffy clothes
I wouldn't even consider going to an Atos appt looking like a scruff/unkempt or whatever they want me to look like.
So if that is the case I would imagine being dressed nicely would actually go against me.. My MH means I have fluctuating days but I always manage to get dressed, ok it may not be nearly time when OH comes home from work, but I still get showered etc.Mortgage Free as of 20.9.17Declutter challenge 2023, 2024 🏅 🏅⭐️⭐️
Declutter Challenge 2025
DH declutter challenge award 🏅⭐️0 -
But what about if you always dress smartly as part of your persona? I use dressing smartly, looking decent i.e. hair washed, nice clothes on and maybe a smidgen of lipstick, as part of my mask so that to other people I appear "normal". Even when I was sectioned I always made the effort to get showered, dressed and do my hair. That is how I am..I don't even own scruffy clothes

I wouldn't even consider going to an Atos appt looking like a scruff/unkempt or whatever they want me to look like.
So if that is the case I would imagine being dressed nicely would actually go against me.. My MH means I have fluctuating days but I always manage to get dressed, ok it may not be nearly time when OH comes home from work, but I still get showered etc.
The point was that if you do dress smartly (ie. anything more than a sackcloth), then it immediately goes against you in such an assessment.
To you, me and most others, that would sound incredibly stupid, but that's how it is. No wonder the assessment format has been called into question over its inflexibility.
Besides, remember that it's Atoss who do these assessments - stupid is as stupid does.0 -
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
If you are already under a doctor as well as a vascular surgeon, and a vascular nurse, surely these medical people are more quaulified than some of these disability advisors, saying they are medical practioners? I have a 16 page medical report form from atos healthcare, thats wrong, I showed my Doctor who I have been with for 25 years, as well as my vascular nurse, who was horrified by what this man reprted about my disability, she asked me to take it as far has possible, but guess what, when you try to complain they try to blind you with science and words. Nobody should have to adjust there appearence to satisfy some of these penpushers at atos.
Ps i totally agree with your perception that these are interrogations, even to the extent that I was virtully accused of buying some medicine that a doc prescribed0 -
The point was that if you do dress smartly (ie. anything more than a sackcloth), then it immediately goes against you in such an assessment.
To you, me and most others, that would sound incredibly stupid, but that's how it is. No wonder the assessment format has been called into question over its inflexibility.
Besides, remember that it's Atoss who do these assessments - stupid is as stupid does.
atos have had the same contract for over 25/27 years, there organisation should be investigated and there medical practioners should be scrutinised to see if they qualify for the job and they have proper paperwork to confirm they are qualified. Maybe they are in cahoots with the Conservative gornment lol.0 -
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'm afraid that this is completely wrong and one of the major reasons why people think they should be able to claim ESA but can't.
It is definitely not about whether you can do your usual job; if you become ill or develop a disability you need to look at what different jobs you might be able to do and look at undergoing any necessary training to enable you to make those changes.0 -
No I was only saying in my opinion, I did state that - I know it's not the case in reality.Trying very hard to be frugal and OS - just plodding on and doing my best!
:money: :money: :money:0 -
The whole ATOS medical is a joke I passed it for my ESA, but still asked for a copy as I was unhappy with the fact they told me I would be ready for work within 6 months, I was told I couldn't have one. Since this time I have worsened and applied for DLA on account if the fact i am no longer able to get washed, dressed or cook for myself. The medical states that I have an unknown condition but at the time she was told i had benign joint hypermobity syndrome, that i walked 3 miles in 20 mins to appointment when she was told I had been given a lift by my ex who was with me although told he had to wait in the waiting room, describes me of avarage build and contains a line that makes me laugh as it describes me as going " to local shops alone, but accompanied"
Needless to say I am now appealing agaist my refusal of DLA so they have had to send me a copy the list of inaccuracies, misrepresentation and down right lies it contains is shocking and I'm now getting legal advice.
I would suggest that you fight it all the way if you think the decission is wrong get as much medical reports which support you can and contact your local CAB who will have people trained in helping you fight your case0 -
Hi
Sorry to hear about your situation but most people seem to fail these medicals. IMO they are a real shambles and my husbands report was full of inaccurancies, contradictions and down right lies. Luckily I was with him so could confirm most of it. We did eventually win at tribunal and are glad we appealed.
Please please appeal and take this as far as you can. You should get appeal esa rate whilst appealing approx £65 a week. Also if goes to tribunal stage ask for a face to face tribunal not paper one. ASk for representation. We didnt but wished we had it would have been alot easier. I am not sure who to as but I am sure somone on hear will know who to contact. Also I feel our gp letter in support of our appeal held alot of weight and helped greatly so get letters from gp and specialists along the way.
Wishing you all the luck you need xxx :A0
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