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

Invalidation

cit_k wrote: »

But, as you mention they may make you sign away your legal rights to use the evidence for any purpose other than obtaining the benefit (ie so try to stop you in effect from supplying the evidence to a court, police, GMC, NMWC, media etc) - .

And thats wrong again. All legal rights you have cannot simply be signed away on threats of a penalty for not signing. i.e. "we wont go ahead with the asessment if you dont sign and if you do sign it cant be used" They simply dont have that power to tell you what you can or cant do with your property.
Therefor, any recording made after you signed would be deemed permissable if any tribunal or court chose to make it so

seven-day-weekend

Mupette wrote: »

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.

She could be a Dr in something other than Medicine and therefore quite entitled to call herself Dr, although I agree it would still be very misleading. But not necessarily lies or fraud.

I am amazed at how innaccurate this report appears to be and suggest the OP appeals straight away.

carolannie

I had a registered nurse find me fit for work. And have just lost my tribunal.
I have rapid cycling bipolar and sever anxiety. A letters from my gp, stating I have angry outburst and suicidal feelings and still got nothing.

I really feel it's how you look and how you answer the questions.
I obviously didn't argue my case enough. Even with a welfare rights adviser with me, at the tribunal (he hardly said a word)
I will now sign on and seeing if I can find a part time job.

It's so unfair how sick people are treated.

cit_k

seven-day-weekend wrote: »

She could be a Dr in something other than Medicine and therefore quite entitled to call herself Dr, although I agree it would still be very misleading. But not necessarily lies or fraud.

I am amazed at how innaccurate this report appears to be and suggest the OP appeals straight away.

Yet, I have been saying that the reports are inaccurate, full of lies etc for years now... and providing numerous examples, lots of evidence, research etc.

cit_k

carolannie wrote: »

I had a registered nurse find me fit for work. And have just lost my tribunal.
I have rapid cycling bipolar and sever anxiety. A letters from my gp, stating I have angry outburst and suicidal feelings and still got nothing.

I really feel it's how you look and how you answer the questions.
I obviously didn't argue my case enough. Even with a welfare rights adviser with me, at the tribunal (he hardly said a word)
I will now sign on and seeing if I can find a part time job.

It's so unfair how sick people are treated.

Good luck.

Btw - if its been more than six months since the original decision to stop benefits, you should be able to re-claim ESA, if you still need to.

Obviously, it would likely mean going through the previous process all over again.

Muttleythefrog

carolannie wrote: »

I had a registered nurse find me fit for work. And have just lost my tribunal.
I have rapid cycling bipolar and sever anxiety. A letters from my gp, stating I have angry outburst and suicidal feelings and still got nothing.

I really feel it's how you look and how you answer the questions.
I obviously didn't argue my case enough. Even with a welfare rights adviser with me, at the tribunal (he hardly said a word)
I will now sign on and seeing if I can find a part time job.

It's so unfair how sick people are treated.

Yeah as per cit_k... you might be able to reclaim ESA again as I presume 6 months have passed since you were given negative decision by DWP. Anyway, sorry to hear of your plight... maybe you got unlucky with tribunal panel or lacked for supportive medical evidence regarding the descriptors.

nolegion

Just to add to cit-k's info about the change of policy re: getting Atos to provide a recording, free, Grayling announced last week (Hansard. Westminster Hall debates, 01 02 12, at column 292):-

"On audio recording, we will offer everyone who wants it the opportunity to have their session recorded"


were his exact words, but there appears to have been no further announcement yet from the DWP, and no change to the wording of the 'WCA handbook' which (alleged) 'health care professionals' treat as their bible.

Strange. You could almost get the feeling that certain people aren't too keen on implementing what public pressure (and the ability to record covertly, anyway) has forced on them.

cit_k

nolegion wrote: »

Just to add to cit-k's info about the change of policy re: getting Atos to provide a recording, free, Grayling announced last week (Hansard. Westminster Hall debates, 01 02 12, at column 292):-

"On audio recording, we will offer everyone who wants it the opportunity to have their session recorded"


were his exact words, but there appears to have been no further announcement yet from the DWP, and no change to the wording of the 'WCA handbook' which (alleged) 'health care professionals' treat as their bible.

Strange. You could almost get the feeling that certain people aren't too keen on implementing what public pressure (and the ability to record covertly, anyway) has forced on them.

I think, the logic will be if they keep it a well hidden secret from most people, then they can turn round later, and stop offering the ability to record - saying when we did offer it only a handful of people took us up on the offer.

the_solitary_magpie

Well just as an update... I rang e.s.a today to find out whether they had made their decision yet..they got someone to phone me back this afternoon..

Now on the atos report even with all the garbage in it the final recommendation was and i quote
"might be considered to go back to his self employment in 3 month's time"

E.s.a rang back to say I've failed the medical and been refused a group now so am fit to go back to work...

My reply " did you not get the medical reports i took to the medical that were photocopied by the person i saw ?"

E.S.A employee "no did you take proof with you"

Me "yes, an m.r.i scan report,an in depth report from a spine specialist and also a copy of my referral to hospital to see spine surgeon"

E.S.A employee "oh we haven't got them"

The short and tail of it is the e.s.a decision maker is ringing me back tomorrow to get the extra info from me..as it could have a big bearing on their decision i was told..

Have rang atos to complain to be told i need to put in an appeal to e.s.a first before i can so will wait to see what the decision maker has to say tomorrow..

Had enough now..as an earlier poster said i'm going to write to my M.P with all the details of everything..

I would give anything to be able to stand up on stage and do the job that i love. Instead of banging my head up against a brick wall over and over again....

I am praying for a miracle recovery so i can cut my losses regarding benefits and get back to being happy again....

churchrat

the_solitary_magpie wrote: »

Well just as an update... I rang e.s.a today to find out whether they had made their decision yet..they got someone to phone me back this afternoon..

Now on the atos report even with all the garbage in it the final recommendation was and i quote
"might be considered to go back to his self employment in 3 month's time"

E.s.a rang back to say I've failed the medical and been refused a group now so am fit to go back to work...

My reply " did you not get the medical reports i took to the medical that were photocopied by the person i saw ?"

E.S.A employee "no did you take proof with you"

Me "yes, an m.r.i scan report,an in depth report from a spine specialist and also a copy of my referral to hospital to see spine surgeon"

E.S.A employee "oh we haven't got them"

The short and tail of it is the e.s.a decision maker is ringing me back tomorrow to get the extra info from me..as it could have a big bearing on their decision i was told..

Have rang atos to complain to be told i need to put in an appeal to e.s.a first before i can so will wait to see what the decision maker has to say tomorrow..

Had enough now..as an earlier poster said i'm going to write to my M.P with all the details of everything..

I would give anything to be able to stand up on stage and do the job that i love. Instead of banging my head up against a brick wall over and over again....

I am praying for a miracle recovery so i can cut my losses regarding benefits and get back to being happy again....

Yes, do go thru whatever hoops they show you. and make loud noises while you do so. My dd spoke to a decision maker after her "medical" and her esa benefit was returned to her, plus back benefits that she had not received whilst they got thier act together. Also, make sure you send everything recorded post, and tell them that you are recording allphone calls.


TBH, the decision maker was far more helpful than atos, listened to what was said and had all of my dd evidence in front of her when we made the call. However, we did take all of the paperwork with us to the local job centre, who put it in the internal mail. we also got a reciept for each single piece of paper work we sent.

We are going to complain to our mp, but I think, along with many people who try and claim esa, my dd had no spare energy for complaining. At times she cannot get out of bed and just sleeps for 20 hrs a day. No life for a young woman.

Perhaps that is what atos are doing, making it so hard for people to claim when they have a right to that they will save the govt millions. which is what they have been employed to do. It is only by raising these problems, and costing far more money in the end, that atos will finaly have to do assess people fairly.

goodluck to all on this frustrating and unnecessary journey