Ask Atos Healthcare disability assessment questions

publicsectorworker

It was a referral from work

JS477

Where you mention a tribunal do you mean an employment tribunal?

publicsectorworker

I think so. atos are saying they think theres a disability and a tribunal would agree so does that mean that dla can be claimed.

isolation

publicsectorworker wrote: »

I think so. atos are saying they think theres a disability and a tribunal would agree so does that mean that dla can be claimed.

A tribunal (for DLA) is only involved when ATOS/DWP state that you are *not* entitled to a benefit and you disagree.

An employment tribunal is completely separate and is when there is a dispute between the employer and employee which cannot be resolved (often when the employee has been made redundant, dismissed etc) but can be for other reasons such as not making appropriate provisions in the workplace.

There have been several links quoted on this thread to help understand DLA a little more, here is a quick one:-
http://www.disabilityrightsuk.org/f23.htm

Personally I would see if you can see a welfare rights / benefits advice worker from a local charity or go to the CAB and they will help you to explain what benefit that your wife may be eligible for (or try to look at what the ATOS person said to her) and will hopefully give you some help in the application.

I don't think anyone can give you advice with the information so far but readong between the lines, is this what has happened:-
-Your wife is poorly
-Her employer referred her for an ATOS assessment
-The ATOS assessor said it was for a tribunal to decide if she was disabled ?
If this is the case, and again without more information, please don't take my word for this, it sounds as though the ATOS assessor is suggesting that he cannot say that she is disabled and an employment tribunal needs to decide this. Usually an employment tribunal is a major step and again if I have interpreted this correctly, I think you should take the documents to an advice worker as above.

Meanwhile if you do want the advice or people on here (for better or worse!) would it be possible to write out the relevant sentence(s) from the assessment where the rep believes that she has a disability and the tribunal might agree ?

Best wishes,
Dee

publicsectorworker

isolation wrote: »

A tribunal (for DLA) is only involved when ATOS/DWP state that you are *not* entitled to a benefit and you disagree.

An employment tribunal is completely separate and is when there is a dispute between the employer and employee which cannot be resolved (often when the employee has been made redundant, dismissed etc) but can be for other reasons such as not making appropriate provisions in the workplace.

There have been several links quoted on this thread to help understand DLA a little more, here is a quick one:-
http://www.disabilityrightsuk.org/f23.htm

Personally I would see if you can see a welfare rights / benefits advice worker from a local charity or go to the CAB and they will help you to explain what benefit that your wife may be eligible for (or try to look at what the ATOS person said to her) and will hopefully give you some help in the application.

I don't think anyone can give you advice with the information so far but readong between the lines, is this what has happened:-
-Your wife is poorly
-Her employer referred her for an ATOS assessment
-The ATOS assessor said it was for a tribunal to decide if she was disabled ?
If this is the case, and again without more information, please don't take my word for this, it sounds as though the ATOS assessor is suggesting that he cannot say that she is disabled and an employment tribunal needs to decide this. Usually an employment tribunal is a major step and again if I have interpreted this correctly, I think you should take the documents to an advice worker as above.

Meanwhile if you do want the advice or people on here (for better or worse!) would it be possible to write out the relevant sentence(s) from the assessment where the rep believes that she has a disability and the tribunal might agree ?

Best wishes,
Dee
http://dwpnegligence.wordpress.com

What you have said reading between the lines is what happened. The letter after the assessment says -

The decisions as to whether Ms X's medical condition of anxiety is likely to be considered a disability under the terms of the relevant uk legislation is one for a tribunal to decide. However my interpretation of the relevant uk legislation is that Ms X's condition is likely to be considered a disability because it would have significant impact on normal daily activities with or without benefit of treatment.

So this is what atos have said. There is no problems with work yet but i wondered if it is possible to claim disabilty benefits now she is likely to be classed as disabled due to anxiety.

isolation

publicsectorworker wrote: »

There is no problems with work yet but i wondered if it is possible to claim disabilty benefits now she is likely to be classed as disabled due to anxiety.

I gave a quick link to the descriptors in an earlier post but whilst she is able to work, I doubt that she would fit into any of the care or mobility descriptors with anxiety problems.

Dee

Muttleythefrog

Well my second reassessment has ended with Support group again but for the max possible 3 year prognosis. It goes to show again this is a game... and that what I advise regarding evidence and the time and effort ATOS HCPs will have is important in your psychological approach to the WCA. This is all about restricting the possibilities of an unhelpful advice outcome from ATOS HCP.

Muttleythefrog

publicsectorworker wrote: »

What you have said reading between the lines is what happened. The letter after the assessment says -

The decisions as to whether Ms X's medical condition of anxiety is likely to be considered a disability under the terms of the relevant uk legislation is one for a tribunal to decide. However my interpretation of the relevant uk legislation is that Ms X's condition is likely to be considered a disability because it would have significant impact on normal daily activities with or without benefit of treatment.

So this is what atos have said. There is no problems with work yet but i wondered if it is possible to claim disabilty benefits now she is likely to be classed as disabled due to anxiety.

DLA is a theoretical possibility... but she'd have to convince the DWP that she meets the criteria for some award at some level of mobility and/or care. It is likely a supportive medical professional would be required to get award... and in that.. they'll have to likely corroborate the relevant claimed problems. DLA isn't awarded based upon diagnosis or any disabled classification but with regard as to whether relevant disabling effects exist in day to day life. In theory she could require supervision or guidance when outdoors and thus qualify for low rate mobility. If she required help with personal care or needed supervision during daytime or night then she could qualify for some care component award.

If application is made then study the qualifying criteria carefully, seek supporting evidence and ideally get someone to help fill in the application form as how you present the facts is often as important as the facts.

This is a terrific guide regardless of illnesses suffered.

http://www.nacc.org.uk/downloads/disability/AdultGuide.pdf

craftygran

MY DH has just received the dreaded ESA letter. I think he will be assessed as unable to work but will not be put into the contributions based as he as been on IB for over 20 years. My question is I work full time does this mean on the income based option he will no longer receive any payments?

Thank you in advance

isolation

craftygran wrote: »

My question is I work full time does this mean on the income based option he will no longer receive any payments?

Thank you in advance

It would depend on their needs and your joint income... It is worth having this assessed but I am not on a high wage at all and my partner can't get income based ESA.

Best wishes,
Dee