Esa medical..atos report back..lies lies lies !!

the_solitary_magpie

Firstly can i just say im sitting here just shaking my head in disbelief and felt compelled to put it into words on here..

Having viewed this forum and gained so much good advice i thought id share my experences regarding e.s.a and the atos medical in the hope that it is of some benefit for anyone about to claim etc...

Firstly the background..im a self employed professional singer who was at the peak of my career last year when in july whilst on stage i felt an explosion in my back and ribs...cut a long story short it was a herniated disc and the fluid from the disc had gone in my spine canal and was pushing on the main nerves in my back and i ruptured a muscle in my ribs..Also due to the back problem im suffering with bladder issues..August i was put onto e.s.a as doc thought it could be a long term recovery..

Since then had numerous appointments,,put on 24 tabs a day and signed off long term by doc..

Have been on E.s.a for 25 weeks and had my atos medical last week... took my m.r.i scan report, report from spine expert saying the extent of my damage..list of all the medication etc ... was seen by a lady who introduced herself as dr *****.. had the usual questions
have you ever been to shop in the last week ?, can you use a microwave ? can you text on a phone..... all of which i replied yes to..

Questions i replied no to were ..can you walk comfortably ? ...can you bend into an oven ?, can you sit and watch t.v comfortably ?, can you lift and carry ok ? ..can you reach up into cupboards ?..you get the picture...

Had the briefest of exercises moving my fingers ..turning my hands over etc...

She asked me to squat and i tried but said i cant do it..

Also informed the DOCTOR that i hadnt been out of my flat for 4 weeks other than to attend hospital appointments..

Got my copy back today and to say im in shock is an understatement..

I wasnt seen by a doctor..she was a practising nurse...
She has blatantly disregarded everything i said in the medical instead twisting everything round to suggest im perfectly healthy..

I.e He regularly goes to the shops and has no trouble walking.

He regularly cooks for himself (how does she know and i told her i dont cook)

He sits comfortably to watch television with suffering any pain (again how does she know).

He walked in carrying paper so he is able to lift and carry (i had 3 a4 sheets in my hand).

He refused to do a squat when asked ( i tried to do it then said i cant due to pain)

He regularly travels around on the train but he has to stand (you guessed it i told her i hadnt been out for a month other than by taxi to go to hospital)

I could go on with so many more examples of her ridiculous statements but to be honest i think you get the picture.

She has basically painted me out to be a total liar when she is in fact the biggest liar for pretending to be a doctor...

Now just to throw a bit of perspective onto the situation..
Self employed professional singer my average monthly earnings was £1500
esa earnings £268

So these people really think im trying to con the system when i was earning 6 times what i get now...defies logic and belief..

This DOCTOR reckons im pretty much fit to go back to the travelling the country unloading heavy equipment..carrying it upstairs at gigs.. then performing and dancing round when i can barely move.. She has decided all this after she looked at MRI scan report..spine experts report which quite clearly states "No lifting" and also the fact ive been referred to see a surgeon now about either injection treatment or surgery to remove the disc..

I did take a close friend as a witness who absorbs everything so i know i hadnt said the things that this doctor has referred to.

Please dont get me wrong here i wake up thankful that that i havent got half the problems that some people have on here but being a first time claimant im disgusted with what i have witnessed so far..Its not my fault i was struck down with this problem..Believe me id rather be out there singing and enjoying life rather than becoming a virtual recluse because of the pain im in..

Rant over
Sorry if ive bored everyone but gutted doesnt come close to how im feeling..Would appreciate anyone who can give me advice on what to do next... I havent even had the Esa decison yet but judging by the atos report i cant see it going my way..

Thanks everyone...

rogerblack

In a way it's fortunate that it's so bad, it improves your chances of appealing.
First step is to contact ATOS tomorrow, and make an official complaint - their procedures are on their website, and there is a freephone number which is actually answered prompltly.

Do _NOT_ raise your voice, or get cross, or personally attack the person that did the assessment.

Raise concerns about the accuracy of the medical, and the differences between it and the condition you stated to them, including the lack of reasoning why your version is not to be believed.

If you have specific medical evidence, mention this.
Did ATOS have a copy of the medical evidence?
Follow this up in writing, stating the same things, in a _registered_ letter.

Next, contact the DWP, and state that you are raising a formal complaint against ATOS, and request another medical.
This is somewhat unlikely, but may be granted. If they don't agree with this, ask for the decision to be delayed several days till your letter outlining the flaws with your medical arrive.
Address every comment made on the medical that you disagree with.

Repeat this in a registered letter.

To clarify - did you send any medical evidence along with your ESA50?
Good luck.

In addition, part of the reason for the hand examination is to inspect the condition of your fingers, to see if you have calluses from working.

gingergee

I have every sympathy for you. My mum has been through similar treatment from them "doctors". She has 3 broken bones in her back (T10,11 and 12 i think she said, i may have misheard though), also crumbly bones and something wrong with her Ulna, which after an operation has left her with a claw hand and severe pain 24/7. She also failed medical after previously passing it. Its putting me off claiming ESA as what i have wrong with me, a medical wont show!! Please defo do what has been advised!!! They clamping down i think, good for the fibbers but not the genuinley ill!! Good luck xxx

the_solitary_magpie

Thank you for your thourough reply Roger..

Just to clarify.. i informed the alleged doctor that i had medical notes with me...she didnt take any notice of them.All she did was take them off me on the way out and went and photocopied them..so im of the assumption that atos had a copy that they would have sent with their report..

In the evidence i gave them there was 2 reports from 2 different consultants quite clearly stating the problems with the herniated disc and nerve issues in my left side as well as the mri report which confirmed everything..

I would have thought that enough to prove im actually telling the truth...

Thanks again and i will follow your advice and ring them in the morning...and i will speak in a nice and polite manner..

eskimo26

it sounds like you have medical evidence that contradicts her report but next time you may consider recording covertly.

As well as going down the standard avenues please do not forget to report this woman to her governing body, people like her should not be practising. Send them the report and the evidence and mention she fabricated the report and represented herself as a doctor. Otherwise you or anyone may find yourself in front of her again!

doodoot

Has it occurred to you that perhaps someone else's notes have been attributed to your case?

It sounds very strange that virtually everything is incorrect - why state you use the train when you don't, and that you refused to squat when you did actually try?

You should definitely raise this with ATOS.

The best of luck to you.

Invalidation

I would suggest you look around this site and there are posts mentioning where you can take legal action against these charlatans. You had a witness to verify your statements.
Firstly, appeal then seek out legal action.

Mupette

Definitely appeal, tell esa you wish to appeal today, they will send out the necessary forms for this, be aware the time scale is small, but on you first post you have listed everything so you can use that.

I appealed last year when my doctor (she was a doctor, i looked her up and found what her expertise was, it was bones, i have MS...)

She told a few fibs too, BUT esa were at fault too as they used my original esa50 from over 2 years previous rather than the new one, which after 2 years of back and forth to consultants my diagnosis had finally been made, this was ignored, my appeal covered this, I had an apology,

Also DLA said in their letter to me as i had a renewal at the time, they used the information from esa, and granted me the same as i had from them for the past few years so i now know esa have everything updated, but it took and appeal to do so.

I am sure that there is something wrong with a practice nurse saying she is a doctor to you, that in it's self is fraud isn't it. Did she say Hello i am Dr so and so, or did she say she was a practice nurse from the start.

Sorry you had a bad time, hopefully if you appeal this (you must ring esa today if you are) they will see the truth.

Muttleythefrog

Thanks Op for your experience that is reported in helpful detail here. Have to say the questions, your responses and the inferences drawn/recorded made sound fairly typical of what I would expect... plus they seemed to add additional facts that seemed to have no basis at all. Certainly it is in keeping with my experience when I also was a first time claimant of anything like this (e.g. I have many friends when all evidence was that I have 1.. I have no problems shopping yet all evidence was that shopping outdoors is always precluded) although I had a favourable outcome and my responses weren't so damagingly extrapolated due to observed behaviours that helped her reach the conclusion I was basically a maniac. As you haven't yet had a WCA decision from DWP and it may take time to receive it I'd follow Roger's advice above. The dismissive nature regarding your supporting evidence is alone sufficient to raise complaint I would think. The HCP (Healthcare prof) should be documenting properly their disagreement with other conflicting medical evidence too as I understand. Wonder if also in the meantime you could get a medical pro involved in your care etc to flag descriptors regarding the WCA that they feel apply to you and why... and get that to DWP as evidence... a thought.

But definitely don't let go on this one. Would be helpful I think to have updates when you get the chance.

tammajock

I totally sympathise with your situation. 2 points
1st being that the atos contract was extended over a year ago to coincide with the compulsory medicals for new and existing claimants. The government told us that they would take a backseat to these changes and listen to the concerns of how these medicals were getting done. Atos is SUPPOSED to be impartial and yet if they were, would they have had their contract extended?...and if the government were willing to listen to peoples concerns then why extend their contract before listening TO our worries. In truth it is another way to cutting costs. I do agree to an extent that some flaunt their illness to an extent to qualify in some cases but the facts are that these people that lie are a very small minority. Compared to politicians expenses and bankers bonuses we are a very small drop in the ocean. Rest assured that when the rich fall on their backsides we can always count on the Conservatives to beat up on the poor. Quick 2nd point. Take them all the way to ur appeal. The committee that listen to ur appeal are IMPARTIAL and the appeal success rates are very good and whereas it may feel daunting to u, these committee members know EXACTLY what ATOS are like. They said my wife could walk 1200 metres without discomfort and yet the ATOS doctor could not perform a walking test due to my wifes ill-health!!. This was picked up on as well as the over whelming evidence on the day and the lawyer at the appeal said that this bordered on our human rights and that a court case could be brought. My wife got high rate care and mobility for life!!!!!!!!

cit_k

doodoot wrote: »

Has it occurred to you that perhaps someone else's notes have been attributed to your case?

It sounds very strange that virtually everything is incorrect - why state you use the train when you don't, and that you refused to squat when you did actually try?

You should definitely raise this with ATOS.

The best of luck to you.

Sounds fairly normal for an atos report to me, everyone one I have had has been fictional to a large extent.

Why do they lie on the report? Because they are unethical, lying moneygrabbing idiots that use rubbish software. Plus, it helps them hit the target of kicking 1 million of IB.