Atos Medical fail

D3an

Hi had the dreaded Atos medical on 11 feb 2014 (after Atos canceled time after time 5 in total and even phoned to cancel while I was on route and having been forced to travel 50 odd miles) Got to the medical to be told I could cancel it or there is a long wait as some Drs where off sick I waited for nearly 1hr before being called in the medical it lasted no more than 25-30 mins of me sitting down(in pain). No questions was asked about my back problems my problems with my legs and my feet(To do with my diabetes) and knees and that i'm in constant pain .they did ask what I do during the day.,do I go out and visit friends etc and what social life I have.i go out 2 times a week to my brothers that is down the road but im helped with doing this or picked up in a car.When they phoned to tell me I had failed I was told I got 0 points but at a push would only get 6 points I received the letter from them explaining this.I then phoned them up trying to see what to do as they had stopped my money on the 21st march to be told they would contact me.a couple of weeks passed and I had heard nothing so phoned them to be told from a male person on the other end that they will make the decision on what information they have to that I replied that means they will come to the same answer then? he couldn't answer then when I asked to speak to some one else he put the phone down on me.I then phoned back up again and spoke to some one else who then put notes on my file that I had phoned and is getting a Drs letter explaining my problems etc also a letter from the wellbeing service (I had letters at the medical that the Dr glanced at but didn't take a copy or nothing)the operator said I could phone up and try to claim Jsa but like I explained im not fit to work. its now been over a month or so with no money no help nothing at all.i have emailed a complaint to Atos and awaiting a reply any help with what else I can do would be great help (wish I could put every thing in this post but would be a very long one) just to add I also suffer from Non alcoholic fatty liver disease but this has only just been diagnosed.

nannytone_2

seems likely that they are doing a mandatory reconsideration. if this comes back as a negative you can then proceed to appeak.
in the meantime the only benefit help available is JSA. dont be put off claiming as, even though you are not fit to work, the JC+ are aware of the situation and will make major allowances for you

D3an

should they have at least told me this? rather than saying nothing and thanks for the reply

peachespeaches

I failed my ATOS medical (I got 0). I appealled, they looked at it again and I submitted more information, I was turned down. So I took them to a tribunal. This took about 6 months, maybe more to be heard. The tribunal overturned the original decision and I got 15 points. During the time that I was waiting for the tribunal I claimed ESA at the emergency rate which was about £70 a week. Once my tribunal was heard, I was told the payment of back pay and increased ESA was automatic. I waited 3 weeks, it wasnt, I took my tribunal decision letter to the local Jobcentre, they emailed it to the relevant department, and I got my back pay and my ESA increased.

The tribunal wasnt easy, there was a solicitor as well as a doctor, they were continually trying to trip me up, I just stuck to my guns and repeated the information I had on my form, my husband went for support. A member of the local council's Appeals and Tribunals department had prepared a submission which basically repeated what I had said, but they dont attend the tribunal with you, neither do our local citizens advice staff.

D3an

Thanks for that reply peachespeaches but who are the local council's Appeals and Tribunals department? Got a reply back from Atos today explaining I should ask for a full copy of the medical report from DWP and apologising for the wait in the waiting room and ive got to do a written complaint (that I am going to do.) yet again more jumping through hoops

cattermole

It's not the Local Council's Appeals & Tribunals department. The DWP should send you all the information on Appealing once the mandatory reconsideration has been processed.

A complaint letter about ATOS about waiting etc. is an entirely separate matter, probably won't achieve much. I would concentrate on the Appeal and making sure you adhere to the correct process and time scales.

An outline of the process is here :

https://www.gov.uk/appeal-benefit/decisions-made-on-after-28-october-2013

Once you appeal your benefit will be reinstated as said above at the basic rate until you get a Tribunal decision. The Appeal date could be well over a year depending on the area you live in. Which does give a lot of time to prepare for the Appeal, but it does need to be well prepared.

nannytone_2

the system has changed somewhat since peaches appealed.
they now do a mandatory reconsideration and during this time they DO NOT pay you assessment rate ESA.
if you then go on to appeal, they will pay you the ESA assessment rate.
so JSA only needs to be claimed whilst they are reconsidering the initial decision

D3an

Nannytone that's what they kinda said to me to contact and claim Jsa but when I phoned up about Jsa and that I was appealing etc they said I wouldn't get Jsa because I have to be fit for work for this (I think they don't know what they are doing) will be contacting them Monday to try and find out what to do next one way or another just sick of this now Thank you all for your help

pmlindyloo

D3an wrote: »

Nannytone that's what they kinda said to me to contact and claim Jsa but when I phoned up about Jsa and that I was appealing etc they said I wouldn't get Jsa because I have to be fit for work for this (I think they don't know what they are doing) will be contacting them Monday to try and find out what to do next one way or another just sick of this now Thank you all for your help

You must make clear that you have asked for a reconsideration of your ESA and have been found fit for work and therefore can claim JSA.

All Job Centres are fully aware of the current situation about the reconsideration process. Once your reconsideration has been completed (could be about 2 weeks) then you can go back on ESA if you are awarded it or want to appeal. You need to tell them that you want to return to ESA at this time.

D3an

will I be able to claim from when my money stopped? I have sent in another medical note that covers this period and upto next month Thanks

D3an

Just a update phoned Dwp and finally got it sorted and then I get a phone call from Atos or some one dealing with my Esa also explaining the reconsideration but they where very interested in what went on during the medical also seemed to listen more in depth then the Dr did in the medical will have to wait and see what happens next