atos medical on same day as major operation

miss.average

Hi
I'm asking this question on behalf of my close friend and neighbour.
He has been on long term incapacity benefit, and has been called in for a medical - which he has been expecting. He has just been diagnosed with kidney cancer and is having his kidney removed. He did mention this on his form. His medical date has come through on the same day he he goes into hospital for the operation. He's already stressed and worried but cannot afford to miss the medical as he will loose his benefit. I'm worried about him, is there anything that can be done to help relieve him. ( He will be in hospital for a week - and as yet he's not sure what treatment he will need after the operation)
thanks for any help.

rogerblack

There are several issues.
To be blunt.
Firstly, and easiest - phone them and report this - rescheduling should not be an issue for a reason like this.
Secondly - is there a significant possibility that he will die within 6 months. (this does not have to be more than 50%, death must be 'reasonably expected within 6 months' - but for example, you can reasonably expect rain if it's cloudy, even though the actual likelyhood may not exceed 50%)

If this is the case, or if he is on tube-based chemotherapy, then he is entitled to be put into the support group - without a medical.

If either of these are true, then you need to inform ATOS, who may cancel the medical, and recommend he's awarded the support group.
(You will likely need a doctors letter to the above effect)

Barneysmom

It's a shame he has to worry about ATOS while he's going through so much.
I'm surpised his Macmillan nurse hasn't dealt with it for him.

miss.average

thanks both for your response. He / we don't think he's going to die and are hoping this operation will sort him out . ( although he does have a tumour in the second kidney) He hasn't got a macmillan nurse - his diagnosis was confirmed 10 days ago and has the operation scheduled for the 30th October. To be honest everything has happened quite quickly. He's been told that 'aftercare ' treatment will be discussed after the operation. I feel so sorry for him. thanks again

atrixblue.-MFR-.

i think he should ring atos with this information, also give them the letter refrence number and the person who is under consultation with at the hospital so the can check it and confirm it, they may instead write to his GP/consultant instead of him going to a medical.

i would also ring ESA (as i think this is a migration to ESA medical) and inform them. tell them its a small time frame in wich diagnosis to operation has happened, also state the time he will spend in hospital will likely to be and any subsequent or likely (i,e chemo therepy or radiatherepy) treatments after the OP.

miss.average

thanks atrixblue - will show him your post in the morning. thanks again, really grateful.

miss.average

quick update.
my neighbour called the esa and explained the situation. This morning a letter arrived from ATOS stating that a medical advisor had looked at the file and it was decided that a medical would not be required, the file was being returned to the DWP -and that the forthcoming medical was cancelled.
It was an absolute:A pleasure to see the relief on his face when he told me - he just needs to concentrate on his operation now.
my grateful thanks to you for helping him like this .

princessdon

nothing to add other than say my child had kidney failure (and a transplant). It's horrific and debilitating but there are huge sucesses in this area.

My child went from being ill and at times I prayed for survival to a normal, healthy and dare I say it, stroppy little mare. I prayed for fighting instinct, now at times want to throttle her (only kidding).

I hope it all works out - He needs his strength to fight not worry about work and money, so sending huge vibes that way for a full and speedy recovery and some stropiness from them soon.

atrixblue.-MFR-.

miss.average wrote: »

quick update.
my neighbour called the esa and explained the situation. This morning a letter arrived from ATOS stating that a medical advisor had looked at the file and it was decided that a medical would not be required, the file was being returned to the DWP -and that the forthcoming medical was cancelled.
It was an absolute:A pleasure to see the relief on his face when he told me - he just needs to concentrate on his operation now.
my grateful thanks to you for helping him like this .

in a sense its a reliefe that he hasnt got to attend a medical.

whether the report, from Atos will be in favour of your neighbour willl be another subject entirely.

dont wish to scare, but is there anyone that he can give written permission to look after his ESA claim (power of authority or a nominee to handle the ESA claim) while he is recovering from his operation? he would have to write to ESA saying that he gives permision to xyz, etc etc, to deal with ESA on his behalf and send it in.

if things go a bit left field with his claim someone can act swiftly upon it so he doesnt have to have it in his face when he gets home and during recovery and treatment.

wish him good luck and post back any news on his situation.

Two4Tuesday

Just like to add that any dates in hospital as an inpatient should always be reported to the DWP as you are automatically treated as having limited capability for work on those dates when claiming ESA.

mazza111

My mother had a kidney removed because of a tumour back in 96, recovered brilliantly. I wish him every success with his op. Hope it all goes well for him.