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So called doctors at atos!

[Deleted User]
[Deleted User] Posts: 4,176 Forumite
Part of the Furniture 1,000 Posts Name Dropper Photogenic
edited 1 May 2012 at 10:04PM in Disability money matters
So I finally got my result from my ESA medical and got no points. Quite shocked seeing as I also get DLA, have done for years and my health has got much worse in the past year or so.

But what has shocked me was this statement on the medical notes...

" Mrs epilepsy is treated with medication and she suffers variable frequency fits. Although she claims problems with staying concious, the condition is not consistent with significant restrictions with staying concious."

No significant restrictions in staying concious??? In someone who has both tonic & partial seizures variable yes but from five to one a week. So many that I've not long been put on yet another, horrid, medication to try and control them.

There was lots of other stuff that just was not said, some was the exact opposite in fact.
No memory problems - Neuro Psychology report that has very different clinical findings.
No anxiety or depression - My therapist wouldn't say that nor would I be taking yet more pills to try & control it!

And so on, but it's the reference to staying concious that has gotten me, where do they find these so called health professionals and where did they train!

Comments

  • _shel wrote: »
    So I finally got my result from my ESA medical and got no points. Quite shocked seeing as I also get DLA, have done for years and my health has got much worse in the past year or so.

    But what has shocked me was this statement on the medical notes...

    " Mrs epilepsy is treated with medication and she suffers variable frequency fits. Although she claims problems with staying concious, the condition is not consistent with significant restrictions with staying concious."

    No significant restrictions in staying concious??? In someone who has both tonic & partial seizures variable yes but from five to one a week. So many that I've not long been put on yet another, horrid, medication to try and control them.

    There was lots of other stuff that just was not said, some was the exact opposite in fact.
    No memory problems - Neuro Psychology report that has very different clinical findings.
    No anxiety or depression - My therapist wouldn't say that nor would I be taking yet more pills to try & control it!

    And so on, but it's the reference to staying concious that has gotten me, where do they find these so called health professionals and where did they train!

    I hope you are going to appeal?did you send a copy of your prescription with the esa 50? was this a new esa claim or a transfer from IB?
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    _shel wrote: »
    " Mrs epilepsy is treated with medication and she suffers variable frequency fits. Although she claims problems with staying concious, the condition is not consistent with significant restrictions with staying concious."

    It seems like they may be thinking of an older test.

    The test for ESA is not the same test that it was for IB, it's much more generous.
    It's 'a significant disruption of awareness or concentration'.
    It's been confirmed by the tribunal that this does _not_ mean that you need to completely black out, and be incapable of any deliberate act'.

    http://www.disabilityalliance.org/esalaw.htm

    If the decision has not been made, it's vital you contact the DWP, and inform them that there are errors in the report, and also raise the above mentioned case of http://www.administrativeappeals.tribunals.gov.uk/aspx/view.aspx?id=3256 as linked above.
  • colin13
    colin13 Posts: 1,007 Forumite
    I know someone who has MS,HAD IT FOR 15 YEARS,went for ATOS medical,andd got 0 points,they said on fone,we do not dispute ur illness or ur disability,,appeal away and pending,,another cost to the government,because she will probably win her case
  • [Deleted User]
    [Deleted User] Posts: 4,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I've asked for a reconsideration but said I want it to go to appeal if the answer is no. It was a new claim but I have claimed SDA, IB & ESA in the past in between bouts of working so they know all my history. Funny though the decision makers notes say 'no questionnaire on file' when I know I filled one in.

    Huge waste of money if it goes to appeal, thought they were trying to save money or do they assume most wont appeal!
  • Makeandsave
    Makeandsave Posts: 3,803 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I had a medical and i got 0 points. When i got the report things were added that i never said and things that i said were twisted and important stuff missed off. I have complained to Atos but there standing up for there so called doctors, I am appealing.
    Jan Wins: .
  • That doesn't surprise me.

    On my first ESA medical I got 0 points, even though the same week my GP wrote her DLA report stating lots of problems. I got the ESA medical report and it acknowledged that although I had to stand up and move around several times during the process, I was observed not to be in any pain or discomfort. Flabbergasting! As with your report, there were a lot of other inconsistencies in it too. I asked for reconsideration (via a very good case worker) and was awarded ESA support group.

    I've just had my second ESA assessment and am waiting for the outcome.

    Please appeal this decision, they will continue to shaft people if we don't stand up to them.
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