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Nix25hobbs

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  1. Thank you for all your advice. Erika, you are 100% right about the different assessments having different criteria and I totally agree that if say someone failed a medical to become a pro footballer, it wouldn't mean they were entitled to ESA. My concerns were the specific details, especially,"Dr _______ has advised that the Government’s work initiatives that you refer to you in your letter relate to those who may have a disability but are fit to work. Having considered the medical evidence available to him, he advised that you were currently unfit to work." I got a letter today saying that my appeal had failed and it needed to go to tribunal. I feel like I am a liar and trying to cheat the system so I don't really know what to do. I read through the categories and how many points you should be awarded and I can see atleast 24 that would apply to my situation. I guess it's all down to interpretation and aims of the interpreter. How does a tribunal work? My nurse and mum (carer) have said that they will come with me and I can get more medical evidence so do I need a legal representative too? I have contacted a solicitor about medical negligence against atos who is looking at all my documents to see if it can be done on a no win no fee basis. I don't really hold out much hope though. What can one person do to make an impact on a massive company like atos?
  2. Thanks for all your advice. Sorry about the multitude of spelling errors (including the title) - a result of too much stress and not enough sleep! My MP has written to Atos and got a reply from Mark Bounds, Senior Vice President & Managing Director for Government & Health, outlining the differences between pre-employment screenings and ESA assessments. I wrote a reply to him and was told that he wouldn't repond to me directly and I had to go through the complaints department - which I had been doing before and hadn't got anywhere. I totally understand that each assessment was for a different purpose and that one was job specific but there were some general assertions too...“The Government's working initiatives that you refer to, relate to those who may have a disability but are fit for work...you were currently unfit for work." e.g. how can the criteria for standing ability be different for each assessment? Surely you can stand without problem or you can't? Regardless of the criteria the outcomes should be the same. I just don't know whether to keep fighting or to give up and accept defeat. They are obviously a company who care more about their profits than their patients and it disgusts me. Thank you for the link Paul, I will have a good read through it. And Hb, i am sure that i remember someone taking court action too but can't remember who or for what (maybe a FOI request?) Who can be our Lumley then? Thanks again. N
  3. I have posted on here before about my problems with atos but now I am at a total loss as to what to do. I have exhausted atos complaints procedure and now want to take legal action against them but have no idea what kind of lawyer I would be looking for and whether I have a case or not. The story goes... I had a pre-employment screening with atos and was declared unfit for regular employment and therefore my job contract was retracted. I then had an ESA assessment with atos and the benefit was withdrawn as it was said that I had no limited capability for work. I appealed in February and am waiting to hear back from the DWP decision makers. But I don't think atos should get away with this - surely it must be some kind of negliglence. Their defence is that the assessments were for different things and therefore had different criteria. But there are some explicit contradictions such as: 1. “The Government's working initiatives that you refer to, relate to those who may have a disability but are fit for work...you were currently unfit for work." (Pre-employment screening with Atos – ongoing from 2.11.09 – 20.01.10) OR "You have no limited capability to work” (ESA assessment with Atos 12.01.10) 2. “The need for Miss ___ to avoid standing for extended periods (10-15 minutes) appears likely to continue.” (Pre-employment screening with Atos – ongoing from 2.11.09 – 20.01.10) "Standing: Client has no problem with these activities” (ESA assessment with Atos 12.01.10) 3. “Continuing concerns regarding Miss ____’ physical stamina and her lifting and carrying capabilities” and “care would need to be taken regarding lifting and moving” (Pre-employment screening with Atos – ongoing from 2.11.09 – 20.01.10) OR “You can pick things up and move them without difficulty.” (ESA assessment with Atos 12.01.10) 4. "She may put herself and others at risk", “vulnerable to relapse” and “fragile state of health” (Pre-employment screening with Atos – ongoing from 2.11.09 – 20.01.10) OR "There is no indication of any condition that would lead to a substantial mental of physical risk”(ESA assessment with Atos 12.01.10) It's not just the benefits aspect it's the fact that I am now very confused as to what is safe for me to do and not risk my health. There have been times when I have pushed myself too far and been hospitalised which I don't want to happen again but I don't want to appear overcautious and limit my life. Anyone have any ideas what I can do and want kind of legal specialist might tackle this? Any info would be greatly appreciated. Meridian Regional News | Merdian Tonight - ITV Local
  4. Well done for setting up the group. I know my case isn't as severe as most and I do want to work but I thought my case exemplified the failings of Atos so HAD to speak to the media. They have no justifications as to the contradictory findings but I am sure they will somehow wangle their way out of taking responsibility. I would advise people to contact their MP (although now parliament has dissolved i'm not sure how that works???) as mine as been really supportive (although unfortunately has achieved little in regards to holding atos to account). Just keep fighting for what you rightly deserve.
  5. Thank you for all your great advice. I didn't realise you could still get the assessment rate during the appeal (thank you kelcou + Erika) I will get on with writing letters now and let you know how I get on. 1. Appeal to ESA 2. Write to Atos 3. Write to MP 4. Make enquiries to employment solicitors?
  6. I have had so much correspondance with Atos, bascially covering their backs and supporting the opinion of the doctor who assessed me for the pre-employment screening. I haven't yet confronted them with the difference of opinion another doctor from their company has given from the original findings of the 'highly experienced' doctor. My original complaint was regarding the competency of the Doctor in assessing specialist mental health problems. I was thinking of writing to my local MP but not sure if that would make a difference.
  7. Yes, i think i will appeal it but my main concern is that I got two totally different recommendations on my capability to work from the same company.
  8. I didn't actually set up a thread (kind of new to the forum) so all i've written is on here. How do I start a new thread?
  9. I was going to write a bit about my own situation but it would be good to have more 'evidence' of atos' incompetence. It's the double standards that is really frustrating. OK if I don't qualify for the benefit but NOT ok if I can't work either. Thank you.
  10. Thank you, I will go to the CAB asap and see what they advise.
  11. My employers paid for the first one. It was very in depth and it involved getting report from my specialist and doctor (which she charged at £150 an hour x 2.) The ESA one was just a 'doctor' going through a questionnaire with me.
  12. I was just wondering of people had any advice on my situation: I was sent for a pre-employment medical with ATOS and declared 'unsuitable for regular employment' which meant I couldn't start the job and the contract fell through. I then went to the medical assessment for ESA (about a month later) and ATOS have said that I do not have limited capability for work and my benefits have stopped. I went through a long complaints procedure with the original pre-employment decision because I want to work and thought i had found the perfect job, and the decision was maintained that my health made me unsuitable for regular employment. I am so confused. I'm too ill to work yet also not ill enough to recive benefits. Financially I am at a loss and emotionally I am exhausted from all these mixed messages. Is a court case in order?
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