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

cit_k

To the original poster - even if you win at tribunal, do not get rid of any paper work, such as the tribunal papers, medical reports etc - they often go 'missing' later on, and are useful evidence.

Next time, push for a recording ~(they will do one if you request it in advance, atos will foot the bill) and also record covertly in case they pull the stunt of stopping you from using hte tape as evidence in any non benefit claim related way.

HB58

You should certainly report the nurse to the NMC if she said she was a doctor - or if she did nothing to correct the misapprehension that she was a doctor. Up to recently* I was a senior Nurse Practitioner carrying out many of the duties of a GP. Whilst doing my specialist training, it was made very clear that we could actually be charged with assault if we were allowed to carry out an examination in the belief that we were doctors rather than nurses. This kind of behaviour brings the entire profession into disrepute.

* The ineviatable happened and my back is now too knackered to allow me to continue working. I am now in the assessment phase of ESA and waiting to see what happens regarding a medical/decision.

Debt_Tired

Another shocking story!!! What will it take for the government to get it right. Does someone have to die before things change for the better?

I would like to appeal direct to anyone who works for ESA or any sub contractor. If you feel you are doing something that is wrong, contact either the BBC or Guardian or any serious media outlet. We need to expose this tragedy-waiting-to-happen.

Regarding, "the solitary magpie", I was told to appeal against any decision in writing, ASKING THAT I REMAIN ON ESA while my appeal was being processed. My understanding is that the initial assessment is based on a series of pre-defined questions. Any appeal is based on taking into consideration any additional information secured from your doctor/specialists. ESA have to take into consideration any and all information secured from official sources.

I do think it a good idea to secretly record any ESA related meeting and also take a friend - like a solicitor :O) PUT THE PRESSURE ON THEM!!!

My own experience is frightful. I have my next ESA assessment on Saturday. I expect to pass this assessment and be pushed onto JSA. I will again write to appeal against this decision, ASKING THAT I REMAIN ON ESA. The appeal process will take a few weeks, and if my appeal fails, I will request adjudication.

My problem is mental-health related and not physical. Can anyone tell me if things have changed since my last ESA assessment in 2010?

Debt Tired

WhiteHorse

Definately make a formal complaint to ATOS. Also make one to the DWP and to the nurses governing body.

In all, state outright that she falsified the report and your responses, and make it very clear that she stated she was a doctor.

This is a very nasty case and should be brought home to them.

Footnote:
This is a perfect example of why you should always covertly record any dealings with ATOS.

blondee55

I have just got my report back and to be honest I thought some of the posts on here must be over the top. I now apologise to anyone dealing with ATOS for thinking this way. My report like the OP`s is full of inaccurate answers that have been twisted, blatant lies and convenient gaps that are totally relevant to my condition. I am appealing but was wondering if there was anything else I could do in relation to the lies etc?

Muttleythefrog

blondee55 wrote: »

I have just got my report back and to be honest I thought some of the posts on here must be over the top. I now apologise to anyone dealing with ATOS for thinking this way. My report like the OP`s is full of inaccurate answers that have been twisted, blatant lies and convenient gaps that are totally relevant to my condition. I am appealing but was wondering if there was anything else I could do in relation to the lies etc?

You could follow the above (roger's) advice regarding complaints. But you may feel your efforts better spent focussed on appealing the decision (and getting your own sourced medical evidence to support your claims regarding the descriptors/your problems if you can)... which in the case of the person here hasn't yet been made.

the_solitary_magpie

Well thank you for all the advice.. I spoke to E.S.A today very calmly..i told them that my atos report wasn't worth the paper it was written on..They advised me like Roger to put an official complaint in which I will be doing first thing in the morning..

I really couldn't deal with it for last couple of days..thought it best to calm down and collect my thoughts so i think straight when complaining..

E.S.A haven't officially made their decision yet so i shall await that decision..I asked how long it could take and was told there's a backlog of about 4 weeks ...great...

I'm actually kicking myself that i didn't secretly record it all as i was mulling that over the day before the medical but decided that if i have a witness with me they can back me up as to what was actually said..

Incidentally having read through the atos report again with a clearer head..the amount of times the words "doesn't appear" are written down is embarrassing..

I.e doesn't appear to be in pain..doesn't appear to be uncomfortable...doesn't appear to struggle...doesn't appear to be moving strangely..

I feel like writing back to her saying..

Doesn't appear to be a doctor... doesn't appear to have a scooby doo what she's on about...doesn't appear to believe an m.r.i report, doesn't appear to pay attention to what she's been told by client...

But maybe I'm just bitter....

Thanks again everyone for some truly fantastic advice..restores my faith in humanity...I wont let things slide where atos are concerned...

Must go now got to take the tablets my g.p gave me just for the fun of it... sarcasm don't you just love it..

elantan

is it possible to record these meetings? This person is blatantly lying about your interview and you are suffering because of it ... can you take a voice recorder in with you by any chance if you have another one ?

i'm very sorry to hear this has happened to you and wish you all the best in your appeal

Oldernotwiser

Although it obviously sounds as if mistakes have been made in your case, don't forget that ESA isn't given because you cannot do your particular job but because you're unable to work in general. This means that

"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.." is irrelevant as I'm sure that there are many other jobs which don't require you to do these things.

You should appeal but make sure you're doing so with the right reasoning.

Invalidation

Oldernotwiser wrote: »

You should appeal but make sure you're doing so with the right reasoning.

The right reasoning is that the asessor lied, That is also a criminal offence of Fraud.
I'd actually bring the Police in on this one too, though the problem you have is that its your word against theirs but you did have a witness.