Incapacity benefit, esa assessment!

Morglin

Looking at the latest chaos, people may well have to wait months for an initial claim decision and/or an appeal date.

http://www.bbc.co.uk/news/uk-16937742

Lin

GlobalSquare

in the same boat as a few of you it seems i found out today - thank you for making this thread and cheers to all the people who have replied!!

blondee55

Got a letter from CAB today saying that they are at its maximum capacity for handling welfare rights and cannot handle my case:eek: Looks like I will be going it alone on my appeal, therefore expect a lot more questions to be coming this way in the near future.

Forgot to mention I have already sent off my appeal letter, and I am seeing my GP tomorrow. Whilst I have already sent the appeal in, is it worth sending anything else in now or should I wait for my appeal to happen?

rotoguys

blondee55 wrote: »

Got a letter from CAB today saying that they are at its maximum capacity for handling welfare rights and cannot handle my case:eek: Looks like I will be going it alone on my appeal, therefore expect a lot more questions to be coming this way in the near future.

Forgot to mention I have already sent off my appeal letter, and I am seeing my GP tomorrow. Whilst I have already sent the appeal in, is it worth sending anything else in now or should I wait for my appeal to happen?

Wow, things seem to be going from bad to worse!

It was only last year that down here, I was having the blighters (not CAB though) knocking on my door, telephoning me and generally making a damn nuisance of themselves!
Only this morning I have had the WRO on the damn phone asking if everything is OK and would my wife like to apply for the higher rate of AA.

No thanks! We are embarrassed enough with what we are getting.

Maybe it has something to do with areas and the government finding that some are having more problems than others.

I have noticed this down here. Royal Tunbridge Wells seemingly has very few calls upon the services of CAB/DIAL/WRO etc, yet over in Gravesend/Chatham they are inundated with cases.

Cpt.Scarlet

blondee55 wrote: »

Got a letter from CAB today saying that they are at its maximum capacity for handling welfare rights and cannot handle my case:eek: Looks like I will be going it alone on my appeal, therefore expect a lot more questions to be coming this way in the near future.

Forgot to mention I have already sent off my appeal letter, and I am seeing my GP tomorrow. Whilst I have already sent the appeal in, is it worth sending anything else in now or should I wait for my appeal to happen?

The DWP are obliged to carry out a Reconsideration before submitting your papers to the Tribunal Service, this means that a different decision maker will re-evaluate all of your current evidence and reports, and anything you send to them in the next 3-4 weeks.

So if you have any additional evidence and can get it to the DWP soon, it may be possible to get the decision overturned without the need for you to actually go to Tribunal.

blondee55

I have seen my GP this morning and she could not believe the report that ATOS have done. Anyway she has agreed to give me all the help I need with my appeal and has given me a Dr`s note for 3 months. Also my local welfare rights office have taken on my case due to CAB not being able to. Have sent off extra proof of my condition to DWP and also sent off my Dr`s note as well, everything sent by recorded delivery. Thanks for all the help/advice people have given me up to now, really appreciate it.

Dr_B_2

blondee55 wrote: »

Wow!!! Have just received my ATOS report and I am totally in shock:eek: I have been awarded no points at all, and to say the answers I gave to the "examiner" have been distorted is an understatement, some are total lies to say the least...

Unfortunately I'm not in shock at all. This is a fairly common occurence. There was actually a case of some ATOS doctors being censured by the BMA for their conduct in this regard, although no-one seems to have told the benefit claimant bashing Daily Mail types, since they all seem to have swallowed the Government line that "genuine claimants" have "nothing to fear" from the reforms.

...I could go on and on about the inaccuracies in her report, especially about my back operation (double discectomy and spinal fusion) which is not even mentioned, according to her ... why are my medical records not used? ...

Let me attempt a wild stab in the dark...

...ATOS are paid on results - the fewer the claimants who succeed, the more they get.

But wait - their decisions are surely based only on fair and unbiased assessment and not the lure of dirty money? The fact that they aren't a medical organisation at all, but an IT company, in no way impacts on their completely "fair" and "impartial" decisions of course.

I am totally aghast with the report, I answered honestly and these answers have been twisted or totally ignored at all, a lot of the report is just fabrication on the examiners part, I cannot believe she has missed lots of relevant stuff off it...

I guess you won't be as shocked if I tell you that ATOS' parent company in the States were censured by a Congressional Committee as a "rogue company" (a sister organisation fulfills a similar role in the US I believe).

Anyway I am seeing my Dr next week, and I will be taking this report with me and will I be asking them to help me with my appeal, in the meantime any other advice concerning my appeal would be greatly appreciated.

If the report is as dishonest and mendacious as you say (and your story tallies with so many others) then I've seen advice on other forums to contact your MP. You could always ask them to contact the DWP on your behalf to ask whether the decison was solely based on the ATOS report - and to ask ATOS itself to ask why the report is so blatantly misleading (although I imagine the correct procedure might be for the MP to ask the DWP to contact ATOS for this explanation).

If nothing else it can fire a shot across their bows. When I used to work in the DOT and we had third-party claims (i.e for damages of some sort, perhaps due to a road building scheme) there was always a bolt of lightning up our behinds if we were told it had "gone ministerial" in the office slang - in other words the claimant had contacted their MP.

Good luck. Remember 40% of appeals succeed, which perhaps should tell some of the more vindictive and rabid members of the public that there is something very rotten and pernicious at the heart of these reforms.

Oh for a decent newspaper, TV or radio station. Will the truth about this cruel process ever come out - and will the public ever wake up to what is really happening?

I guess we can only pray.

drmqn442

The next stem i have done now is because i was turned down for everything and got a score of 0, as i said to you all before i was so upset and mad with the Doctor that did my assesment and did the report about me. So i have started a appeal first i sent a letting saying what was on the report was nothing like i am etc.So just to make sure they got the letter i rang them yes got the appeal letter and told them i will be seeing my own GP soon and she will do a report also. Went to see my GP and she hit the roof and said i could not keep a job and i am not fit to go out to work for the foreseeable future she has also given me her latter and a few more from the Hospital i had all the surgery done and also this ATOS Doctor failed to say how much medication i take each day like one is morphine, Amitriptyline. Lamotrigne, Pregablin. All the Doctor said pain controlled on pain killers. If i was sent out to work i would not be able to take theses due to my own saftey and others as i could not drive a car and when taken them i am more unsteady and very sleepy when i first take them. Also forgot to say i do fall and trip in fact fell a few weeks before i saw this Doctor and was taken to Hospital due to my neck problems as i have a cage fitted round my spinal cord to protect it.All he said was i had a few neck problems but can lead a normal life he did not even say with i have to proper name for it i have cervical myelophy and another long name but cannot remember it right now. When i phone them and in my letter i said if you dont know what i have look it up that will tell you all i have to put up with every day and even more. So when i got my letter from her i rang them to ask who this should go to and a name please could not give me a name so what i am doing sending it specail delivery so it cannot be lost. My GP said i should have no problems now and if thay still think i can work she will ring them. But she did say if i say you cannot work they cannot refuse you again. And also been told if i have a valid reason for this appeal my money will be given untill the appeal is over. I am still worried about tis but been reasured i will be ok now i have done this.

blondee55

Thanks for the update drmqn442 much appreciated. Your report sounds very much like mine, about my medication she put down I was on general medication to control the pain, no mention of the actual meds even though she appeared to note them down. I will ring the DWP next week to ensure they have received my appeal letter and my Dr`s note and to confirm to them that I am appealing this case. Also my Dr told me not to request a medical report from her but to wait and let the DWP request it, otherwise it would cost me around £70, according to my GP they have to request my records if it goes to appeal!

drmqn442

Glad it helped you But i was told i had to get the report myself from my own GP as the DWP dont ask the GP now it is up to me to get one. And i did ring the DWP to ask if this is right and was told by them yes it is me that has to send it as thay dont write to GP,s anymore. So my GP did a shot letter saying i was able to work etc and gave me some reports from the hospital and ahe said that will be enough information and she did not charge me. And the DWP did also said even if the letter is short saying i cannot work that is fine sometimes and repeat sometimes that is enough and it dont go to appeal. Just have to wait and see not really sure about that untill it happenes. I wish you also good luck Blondee please let me know how it goes for you also.