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Need to appeal a decision following ATOS assessment

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  • mazza111
    mazza111 Posts: 6,327 Forumite
    I feel for you completely. It sounds like the same type of case as my dd, where they only looked at her MH problem and not her PH problem. Due to RM losing or failing to deliver her appeal date, we have to go through the whole process again. Just received her ESA50 through today and have a terrible feeling of De ja vous......Please keep copies of everything, I was too naive and didn't the last time :(
    4 Stones and 0 pounds or 25.4kg lighter :j
  • Loopy1
    Loopy1 Posts: 223 Forumite
    I feel for you. A few years back DH lost his ATOS assessment in what was a rushed interview and we had no idea how the system and the tests worked. We appealed. We had to wait a year for its appeal at which his payments were reduced. It was the most traumatic time sitting in front of a judge(?) and Doctor and my husband in the mental state he was in. However on a positive we had a clear reponse from them that my husband was in no mental state to go to work and we were awarded all his back pay. One thing that we didnt do was get something from our doctor to back up our claims (we had no idea to do this) luckily they could clearly see for themselves just how my DH was.
  • Saetana wrote: »
    Does anyone have a link for the online GL24 form please? According to the woman I just spoke to in the ESA department there is no such online form and I cannot find anything on GOV.UK. She is sending me one in the post but there is a lot to say and it would be easier to fill it out online and print it. She was singularly unhelpful to be honest.

    I'm afraid she was right. The GL24 is at this link, tucked away at the end of the lengthy leaflet. But I don't think it can actually be completed online.
  • Morglin
    Morglin Posts: 15,922 Forumite
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    edited 14 November 2012 at 6:25AM
    Before completing the ESA50 it is a good idea to get reports from the doctor, consultant, any other HCP - and enclose them all with the form, along with any additional info you can supply about you can and cannot do.

    Many people, including myself, did this and it seems the best way - I also sent copies of everything I had sent to ATOS to the DWP (they lose a lot of things at ATOS!) - but, it did cut down the hassles, as within a couple of weeks I just recieved a letter saying that I had been transferred straight over to Support Group.

    Lin :)
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
  • MUMZ2BEE
    MUMZ2BEE Posts: 381 Forumite
    Saetana wrote: »
    Apparently ATOS rarely, if ever, get medical reports prior to assessment, the onus is on the client to pay for any reports themselves. We now have to pay our doctor to write a report and for a copy of his medical records. I fail to understand why, in these days of computerised records, they could not, for example, have looked at the report from the specialist MATS team who diagnosed my husband's osteoarthritis. No, instead they had him lying on a couch whilst they yanked his legs about only to come up with the exact same conclusion as the specialist team, except without the detail. What a waste of time and money. And as for his CP, I'm not sure how exactly the assessment is supposed to detect that, its an internal problem rather than a visible one.

    @MUMZ2BEE - you need to get someone to go with you to the "medical", a support worker if you have one, or at the minimum a friend or relative. I was thinking about recording the assessment and I really wish we had as the ATOS report is littered with inaccuracies and a few outright lies! Good luck with your assessment.

    Thank you very much - I do have a lady coming with me from the MIND charity, but I will try and use my mobile phone to record it; I'm fully aware ATOS give false reports to the DWP to stop the person's benefit so I am fully prepared!!

    Also my GP refused to do me a medical report and she wouldnt do me a letter to take either; this is why I am in this mess!!
  • Saetana
    Saetana Posts: 1,548 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    vulcan1964 wrote: »
    or you can use a FREE professional service like the CAB and not line Mr Lindens pockets.

    "Details of particular options, the price of each and arrangements for payment are contained on the Quote Calculator page of this website or are as otherwise notified to you in writing".

    Dont you feel embarrassed feading of the sick,neady and disabled?
    I hate to break it to you but the CAB don't do medical reports. I have no idea what you are talking about or who the hell "Mr Linden" is.
    2020 Wins:
  • My daughter was turned down today , she got 0 out of 15 . She has major back problems , for which she has had unsuccessful surgery . She also suffers from rheumatoid arthritis , scoliosis and underactive thyroid . I have watched her go through the worst year of her life - and they think she can work ? By the way she was given dla for 5 years just 2 weeks ago !?
  • Saetana
    Saetana Posts: 1,548 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Morglin wrote: »
    Before completing the ESA50 it is a good idea to get reports from the doctor, consultant, any other HCP - and enclose them all with the form, along with any additional info you can supply about you can and cannot do.

    Many people, including myself, did this and it seems the best way - I also sent copies of everything I had sent to ATOS to the DWP (they lose a lot of things at ATOS!) - but, it did cut down the hassles, as within a couple of weeks I just recieved a letter saying that I had been transferred straight over to Support Group.

    Lin :)
    I wish we had but we didn't know that they rarely bother getting medical reports on clients, we kind of assumed that as this was to do with medical issues that they would, they certainly used to once upon a time. I keep copies of everything and we are getting the medical report done for the reconsideration/appeal, I'd like to see it done with at the reconsideration stage as it would mean less time on a reduced income (they are putting him on lower rate ESA whilst appealing, over £40 a week less).
    2020 Wins:
  • Saetana
    Saetana Posts: 1,548 Forumite
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    MUMZ2BEE wrote: »
    Thank you very much - I do have a lady coming with me from the MIND charity, but I will try and use my mobile phone to record it; I'm fully aware ATOS give false reports to the DWP to stop the person's benefit so I am fully prepared!!

    Also my GP refused to do me a medical report and she wouldnt do me a letter to take either; this is why I am in this mess!!
    Sounds like you need a new GP, ours is fantastic and not at all happy that they are taking the word of a nurse over someone who has been our GP for 10 years and knows exactly how many tests and procedures my husband has been sent for over the last few years and what the results are.

    As someone joked, it seems if you are breathing then you are fit for work, unfortunately its not completely a joke. Glad you have someone to go with you, its even more useful that its not a family member as a professional will be taken more seriously if you do end up having to appeal.

    Good luck and I hope it all goes well for you, it does for some people.
    2020 Wins:
  • Saetana
    Saetana Posts: 1,548 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    lilybell wrote: »
    My daughter was turned down today , she got 0 out of 15 . She has major back problems , for which she has had unsuccessful surgery . She also suffers from rheumatoid arthritis , scoliosis and underactive thyroid . I have watched her go through the worst year of her life - and they think she can work ? By the way she was given dla for 5 years just 2 weeks ago !?
    You need to get a medical report on her condition, Citizens Advice will help you with the appeal if you can't do it on your own. Do appeal though, I have a nasty feeling they are throwing all these people off the sick in the hope that some will think its too much trouble and either try to work or just be supported by their partner and/or family. The high rate of success at appeal shows just how poor the ATOS assessment is.
    2020 Wins:
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