Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder kingkarl1967 Novitiate

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    Default ATOS medical appeal please help

    Hi Chaps

    I was on income support up until 4th Jan 2010 and then had a letter telling me I had not being awarded enough points in a ATOS examination which took place on 14th Dec 09.
    I am brutally honest when I saw I am suffering from severe depression and anxiety and still to this day on tablets with my GP for my condition.
    I had to sign on to JSA from the 5th Jan 2010 and actively seek work despite being ill and cannot concentrate on normal day to day activities.
    The examination lasted no more than 15 mins and I was asked a serious of questions that did not even have any connection to my illness , ie can i dress myself and cook for myself , can I walk downstairs and watch the tv and read , can I bend at the kness etc etc.
    I told the examiner I was not happy with the questions being asked as they did not relate to my illness in any way whatsoever.
    His reply was he was not interested in my past condition and was only basing his examination on how I felt that day , I abruptly stopped him and asked how he could judge a case of severe depression on those questions and how I felt for just that day.
    I reminded him I have been fighting my condition with help from my GP for over a 18 months and depression is a very serious illness with good days and nightmare days , since the death of my father in late 2007 , this along with mortgageicon worries and other creditors as not helped my case.
    I have written to OTIS Origin to complain and also wrote an appeal letter to the DWP saying I am not happy in the least.
    The medical examination was a rapid fire set of questions from a pre loaded computer program and this seems to be the case for everyone despite what condition they may be suffering from.
    Since going onto JSA I receive £257.20 a month and I have to pay £173.94 to my mortgageicon to top up the interesticon payments which you can imagine trying to live on £80 a month is nigh on impossible , its a struggle even to keep up my utility bills never mind food costs , house insurance ,tv licence etc etc
    Any ideas how to proceed as its only a matter of time before my health worsens as I cant even afford to eat correctly these days.

    Thanks for reading and hope you can help me overturn the decision with your advice.:cry:


  2. #2
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    Default Re: ATOS medical appeal please help

    I feel for you, a lot of people are finding this happen to them, some good advice will follow.


  3. #3
    Basic Account Holder john 333 Novitiate

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    Default Re: ATOS medical appeal please help

    can you go onto ESA? that's what me and other half are on, she has same condition as you. on that, if you fail the medical i believe they keep paying you so long as you instantly lodge an appeal. my partner has to post off her sick notes to keep getting the benefit


  4. #4
    Basic Account Holder john 333 Novitiate

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    Default Re: ATOS medical appeal please help

    its my understanding that you cannot be actively looking for work if your gp has signed you off sickicon......


  5. #5
    Basic Account Holder chipsnmayo Novitiate chipsnmayo's Avatar

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    Default Re: ATOS medical appeal please help

    John 333, if the ATOS medical has found him fit for work JSA have to accept him whether he has been signed off or not. KingKarl I suggest you get your Appeal in asap. Get some advice from CAB


  6. #6
    Basic Account Holder kingkarl1967 Novitiate

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    Default Re: ATOS medical appeal please help

    Yes I have already sent my letter of appeal in to Chester and a letter of complaint to Otis Origin.
    I am not in the right frame of mind to be seeking work on JSA but my option was go on JSA for £64.30 week or appeal and only get income support at a far less amount think it was £12.85 a week , what a joke.


  7. #7
    Basic Account Holder john 333 Novitiate

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    Default Re: ATOS medical appeal please help

    chips, i defer to your knowledge, but how bad is that if the GP says unfit for work but the chimps at atos say get on with it???


  8. #8
    Basic Account Holder Nick Novitiate Nick's Avatar

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    Default Re: ATOS medical appeal please help

    Quote Originally Posted by john 333 View Post
    chips, i defer to your knowledge, but how bad is that if the GP says unfit for work but the chimps at atos say get on with it???

    When you make a claim for ESA you agree to a declaration which states that

    "You agree to your doctor, or any doctor treating you, being informed about the Secretary of State’s determination on your limited capability for work. "

    Which in laymans terms means you agree to Atos overruling your Doctors decision


  9. #9
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    Default Re: ATOS medical appeal please help

    That depends if the ATOS 'doctor' actually IS a doctor.


  10. #10
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    Default Re: ATOS medical appeal please help

    Quote Originally Posted by Nick View Post
    When you make a claim for ESA you agree to a declaration which states that

    "You agree to your doctor, or any doctor treating you, being informed about the Secretary of State’s determination on your limited capability for work. "

    Which in laymans terms means you agree to Atos overruling your Doctors decision
    Apols Nick, I just want to be a bit pedantic here. I have no objection to my GP being informed by the Secretary of State what they have determined my capability for work is. My GP is my medical professional who understands my needs and understands my condition. Advising treatment as necessary. If the SoS disagrees with her I know who I'm going to believe!
    But this does not mean I am agreeing to ATOS overruling my GP. It is simply the agreement of information to be exchanged.
    ATOS provide assessments of a persons potential to work. I have no problem with that. They are doing so, unfortunately, with neither the desire, the equipment nor the knowledge to assess a persons health in relation to work. This I do have a problem with. A persons GP is a fundamental lynchpin in their healthcare assessment. They are wilfully - and, imo, foolishly - disregarded by the DWP and not consulted. Ergo, ATOS cannot provide a full and accurate assesment.
    Rae.


  11. #11
    Basic Account Holder chipsnmayo Novitiate chipsnmayo's Avatar

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    Default Re: ATOS medical appeal please help

    John, ESA is designed to help people get back into work whilst managing their illness/disabilities as it was apparently found that the vast majority of sick claimants wanted to be working. ESA also gives them a chance to try work and still claim benefits for up to a year without losing out. And that it was better for them (mentally/physically) this is what we were told, unfortunately it would appear that something is not quite right. Can't comment too much but am pleased to add that I am not involved with ATOS and am interested to see if things can be changed for the better.


  12. #12
    Basic Account Holder john 333 Novitiate

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    Default Re: ATOS medical appeal please help

    true chips, my other half would love to go back to work and put all our troubles behind us, but the rub comes when you are phsically/mentally too ill to work, which your GP is fully understanding of, and trying to make you better, but the ESA so called doctor just makes up his own mind and tells you to 'get on with it'. Bang go the benefits and no chance of being able to work.


  13. #13
    Basic Account Holder chipsnmayo Novitiate chipsnmayo's Avatar

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    Default Re: ATOS medical appeal please help

    Can only hope that with the number of decisions being overturned that they will have to look at it with clearer eyes!


  14. #14
    Basic Account Holder colinbinley Novitiate

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    Default Re: ATOS medical appeal please help

    Hi

    As A Benefits Advisor and a person that does appeals on ESA / incapacity benefit and Disability Living Allowance, let me try to explain these ATOS medicals, most companys have an appeal percentage of around 5%
    ATOS HAVE A STAGGERING 20%, where ESA Medicals are concerned

    You have to acheive the minimum of 15 points from the medical to remain on ESA/incapacity benefit, the large majority of people from these medicals receive o points,(EDITED)

    People who fail these ATOS medicals should always appeal to the DWP for an oral appeal, which is held by a independant tribunal
    the large majority that appeal will find they will win there case I have seen hundreds of examples where the client has gone from o points to 15/26 points on appeal.

    I would suggest you appeal straight away you can get help from your local CAB office or benefits rights agency, you can even do the appeal yourself
    i have yet to see DWP or ATOS attend a tribunal

    one of the recent cases the ATOS medical failed to see that a client had a leg amputated and gave o points, of course on appeal he won easily

    Depression with medication and Anxiety should be at least worth 15/ 20 points, the medical has no concern of your health, it is designed to get you off the benefit, it is planned to try to remove 12000 people a week from ESA/ incapacity benefit, whether fit or not !!

    Disability Living Allowance will be also controlled by ATOS medicals from 2013 god forbid, the simple answer is always always appeal

    Regards

    Colin

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  15. #15
    Basic Account Holder colinbinley Novitiate

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    Default Re: ATOS medical appeal please help

    A really good site for anybody to join thats has experienced the ATOS system or any other benefit problems (EDITED)

    no i am not employed by them, neither do i believe Prime Minster Cameron
    when he states we are all in this together, if your disabled, sick, vunerable less well off or old, you are going to get hit !!

    Always always lodge an appeal when you score below 15 points at a ATOS medical you have a 90% chance of winning on appeal

    beleive me I see it everyday

    Colin

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  16. #16
    Basic Account Holder kingkarl1967 Novitiate

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    Default Re: ATOS medical appeal please help

    Always always lodge an appeal when you score below 15 points at a ATOS medical you have a 90% chance of winning on appeal

    beleive me I see it everyday

    Colin[/quote]

    Cheers Colin I won my case on tuesday just gone , Atos are a bunch of the lowest **** to walk the earth.


  17. #17
    Basic Account Holder GRUMPYOLEMAN Novitiate

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    Default Re: ATOS medical appeal please help

    I'm on my way to the Tribunal, had the medical in Jan but still no word when it will be!

    You mention about the appeal, when you have the evidence you think will help, why do the DWP say that they will not re-consider it, as it must go to the Tribunal? Why don't they look at it and if they are still not happy, they send it in to the Tribunal?


  18. #18
    Basic Account Holder kingkarl1967 Novitiate

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    Default Re: ATOS medical appeal please help

    Quote Originally Posted by GRUMPYOLEMAN View Post
    You mention about the appeal, when you have the evidence you think will help, why do the DWP say that they will not re-consider it, as it must go to the Tribunal? Why don't they look at it and if they are still not happy, they send it in to the Tribunal?
    Well my experience with the appeal team of the DWP is best described as a bunch of retards who don't listen and all they want to do is cause you hardship and suffering , bunch of *******


  19. #19
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar

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    Default Re: ATOS medical appeal please help

    Quote Originally Posted by colinbinley View Post
    A really good site for anybody to join thats has experienced the ATOS system or any other benefit problems is (EDITED)

    no i am not employed by them, neither do i believe Prime Minster Cameron
    when he states we are all in this together, if your disabled, sick, vunerable less well off or old, you are going to get hit !!

    Always always lodge an appeal when you score below 15 points at a ATOS medical you have a 90% chance of winning on appeal

    beleive me I see it everyday

    Colin
    Hello Colin. This is a subscription website as I understand it, am I right?

    HB

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  20. #20
    Basic Account Holder doktorjohn Novitiate doktorjohn's Avatar

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    Default Re: ATOS medical appeal please help

    Quote Originally Posted by colinbinley View Post

    Always always lodge an appeal when you score below 15 points at a ATOS medical you have a 90% chance of winning on appeal

    beleive me I see it everyday

    Colin
    I wish it was 90% but it's not. Definitely worth appealing though, I am.

    dj



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