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.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder SuSu2020 Novitiate

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    Unhappy ESA Stopped - Atos ????

    Following an Atos medical, the doctor has decided that I am no longer entitled to ESA (I scored 9/15 points, even though she obviously didn't listen to anything in this meeting).

    I am a single mum of 2 and been ill for 1 year. Had to close my successful business because of PTSD, Anxiety and social fobia problems. Having just completed my 3rd medical (whereby my CPN attended), this new "professional" has said that I no longer have 'limited capability for work'.

    I have just been to a family party (at my parents home), suffered 2 horrendous panic attacks and cried everythime anyone tried to speak to me. I am a nervous wreck, couldn't even hold a glass of orangeicon juice.

    I have meetings every week with my CPN, on antidepressants and friends have to take me out. My son is 14 and he is my carer, he helps me get dressed and helps with my 5 yr old.

    However, according to the Atos assessment, I am fine to work. I will obviously appeal this decision, but having tried to take my own life twice in a year I am feeling very close to that point again. If anyone has some kind advise, Please help.


  2. #2
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    Default Re: ESA Stopped - Atos ????

    Hi SuSu and well done! Seriously. 9 out of 15 is considerably higher than most of us score! Many of us get 0 points...
    Do make sure you appeal. Have you let the DWP know so that your ESA will continue at the assessment rate?
    Be prepared for a long wait as, not surprisingly, the tribunals service is buckling under the weight of appeals.
    Please don't take the 'medical' either personally or seriously. They are an absolute joke.
    Do prepare for your appeal and enlist a Welfare Rights worker - through CAB or your local council. I'm sure you'll have every success
    Good luck and best wishes.
    Rae

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  3. #3
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    Default Re: ESA Stopped - Atos ????

    Quote Originally Posted by SuSu2020 View Post
    Following an Atos medical, the doctor has decided that I am no longer entitled to ESA (I scored 9/15 points, even though she obviously didn't listen to anything in this meeting).

    I am a single mum of 2 and been ill for 1 year. Had to close my successful business because of PTSD, Anxiety and social fobia problems. Having just completed my 3rd medical (whereby my CPN attended), this new "professional" has said that I no longer have 'limited capability for work'.

    I have just been to a family party (at my parents home), suffered 2 horrendous panic attacks and cried everythime anyone tried to speak to me. I am a nervous wreck, couldn't even hold a glass of orangeicon juice.

    I have meetings every week with my CPN, on antidepressants and friends have to take me out. My son is 14 and he is my carer, he helps me get dressed and helps with my 5 yr old.

    However, according to the Atos assessment, I am fine to work. I will obviously appeal this decision, but having tried to take my own life twice in a year I am feeling very close to that point again. If anyone has some kind advise, Please help.
    hi Susu
    you may be entitled to claim Income Support, you are a single parent with a child under twelve. You can claim this while appealing against your ESA.


    Also have you thought of claiming DLA, A lot of people fail their ESA medicals its a nightmare of a system,

    Take Care


  4. #4
    Basic Account Holder SuSu2020 Novitiate

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    Default Re: ESA Stopped - Atos ????

    Thanks Mikey, I am going to speak to my mental health advisor, and see if she can help me. I am in my 40's and this is the 1st time I have not worked and needed benefit help. I am very disheartened by the whole process at the moment.

    Thanks though anyway. x


  5. #5
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    Default Re: ESA Stopped - Atos ????

    Hi Susu, sorry you're having to go through this. I have too and it's even worse if you have mental health problems like anxiety, as I know. I just found this on the DWP website. It won't help you directly, but as I thought, there is a lower points requirement for mental health.

    To pass the incapacity test you have to be incapable of doing any work. The test looks at your ability to carry out a range of physical activities or mental health activities as appropriate. Points are scored according to your ability to carry out these activities. You must score:
    • 15 if you have a physical disability
    • 10 if you have a mental disability
    • 15 if you have both a physical and mental disability - Note that if you score 6 points for your mental disability assessment this will be rounded up to 9 points when considering joint physical and mental disability
    Unless you are exempt from the test you will be sent a form IB50 to complete and return. The information contained on this form may be enough for the decision maker to decide whether you pass the test but you may also be asked to attend a medical.
    In some medical examinations the Examining Medical Officer may use a computerised form known as the electronic 85.

    We appealed my decision and showed how the Atos assessment was wrong. [They have to send you a copy of what Atos said about you.] We won, so I know it can be done.

    Have you appealed against the decision to the DWP? That's where you need to start. And Rae is right about Welfare Rights and the CAB.

    Don't give up, we'll help as much as we can.

    My best x



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    Default Re: ESA Stopped - Atos ????

    And do keep us posted. Especially as you get nearer your tribunal. Many people have gone through that and advice will be available.
    Best wishes.
    Rae.


  7. #7
    Basic Account Holder rightsforme Novitiate

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    Default Re: ESA Stopped - Atos ????

    Hi Susu
    Know how you feel, I also failed mine I also have PTSD and back problems and yet was given only 12 points, which should have been in excess of 100. I Would advise that you go Welfare Rights they dealt with my appeal. It took 9 months but they got it overturned and I didn't have to attend the hearing in the end. They rang on morning of hearing to tell me as they had overturned it on the evidence put forward. Welfare Rights also told me that I should be entitled to DLA and put in claim which has now also been awarded. There a great help so go see them, take with you any supporting evidence such as any medical reports you already have and ask a friend to go with you for support as they can help explain when you are too distressed. Good luck with it and if you do want to talk mail me direct, I fully understand the disabling effects PTSD has and how this makes it worse being a sufferer myself.


  8. #8
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    Default Re: ESA Stopped - Atos ????

    Quote Originally Posted by SuSu2020 View Post
    Following an Atos medical, the doctor has decided that I am no longer entitled to ESA (I scored 9/15 points, even though she obviously didn't listen to anything in this meeting).

    I am a single mum of 2 and been ill for 1 year. Had to close my successful business because of PTSD, Anxiety and social fobia problems. Having just completed my 3rd medical (whereby my CPN attended), this new "professional" has said that I no longer have 'limited capability for work'.

    I have just been to a family party (at my parents home), suffered 2 horrendous panic attacks and cried everythime anyone tried to speak to me. I am a nervous wreck, couldn't even hold a glass of orangeicon juice.

    I have meetings every week with my CPN, on antidepressants and friends have to take me out. My son is 14 and he is my carer, he helps me get dressed and helps with my 5 yr old.

    However, according to the Atos assessment, I am fine to work. I will obviously appeal this decision, but having tried to take my own life twice in a year I am feeling very close to that point again. If anyone has some kind advise, Please help.

    Sorry to hear about your problem but reading your story was like looking at myself in the mirror your problem is very similar to mine I too ran a successful business until 5 years ago I am not showing off but proud to say GMTV was one of my client before that I was running other peoples' businesses. I worked very very hard to get were I was until illness struck me which then sparks my panic attacks which I've suffered with since 1980 but was able to conquer my disibility and fears and got on with my life and careers I too suffer from anxiety, phobias, panic attacks and agoraphobia and other stuff I failed my ESA and just been refused DLA first reason they said was the dla form second because I failed my ESA Medical according to dla I was examined by their Health Professional and was told I was fit for work I wasn't even examined by any Health Professional because no doctors was available they were sending people away or make them wait for 4 hours until another doctor would be available wars broke out because sick people was told to come back and it took them a long time to be able to get to the medical centre plus it costs money with cab fares etc, I am glad to say with cameras all over the place I am sure that episode would have been on film I am now going to appeal and are prepare to fight because ironically I am fighting to get better and get back to work I am sure it's better to earn 38,000.00 a year than 3086.40 per annum which i've already told the job centre.

    I wish you all the best for the future.

    Take care


    helen


  9. #9
    Basic Account Holder SuSu2020 Novitiate

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    Default Re: ESA Stopped - Atos ????

    Hi HelenI am so sorry to hear of your problems and my heart goes out to you. The whole system is totally unfair. I struggled to keep my business going throughout my problems and only agreed to being signed off in Feb 2009. This is the 1st time in my life I have needed support and help with benefits (I am in my 40's), and yet I am having to fight for what I am rightfully entitled to, it's ridiculous. I too am used to earning between 20-45,000 and I long to go back to being the person I was. However, I have been told by and ESA/Atos Doctor that this is very unlikely, due to my nervous state and anxieties.If only these people realised that we don't ask and wish to be ill, but unfortunately events in our lives have led us to this point. All we want is the support and help (both professionally and financially) to get better, which can take time. Having to fight to get this is distressing and actually makes us worse. I am having to go to the doctors now for help as I have been 'self harming' for some time now, but more so since this has happened.Good luck Helen with your fight for what is rightfully yours.SuSu xxxx


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    Default Re: ESA Stopped - Atos ????

    Quote Originally Posted by SuSu2020 View Post
    Hi HelenI am so sorry to hear of your problems and my heart goes out to you. The whole system is totally unfair. I struggled to keep my business going throughout my problems and only agreed to being signed off in Feb 2009. This is the 1st time in my life I have needed support and help with benefits (I am in my 40's), and yet I am having to fight for what I am rightfully entitled to, it's ridiculous. I too am used to earning between 20-45,000 and I long to go back to being the person I was. However, I have been told by and ESA/Atos Doctor that this is very unlikely, due to my nervous state and anxieties.If only these people realised that we don't ask and wish to be ill, but unfortunately events in our lives have led us to this point. All we want is the support and help (both professionally and financially) to get better, which can take time. Having to fight to get this is distressing and actually makes us worse. I am having to go to the doctors now for help as I have been 'self harming' for some time now, but more so since this has happened.Good luck Helen with your fight for what is rightfully yours.SuSu xxxx
    There are a lot of us with this type of condtion. Hugs to you both xxxx


  11. #11
    Basic Account Holder rightsforme Novitiate

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    Default Re: ESA Stopped - Atos ????

    Hi It is disgusting that we have to fight for this right and help, it does make us worse having to go through this barbaric treatment just because we have an illness that can't physically be seen. All I wanted was time which would allow me to recover and get back to work. I was a single parent, worked full time and undertook numerous college courses to gain additional qualifications. If I had not been turned down I may well have been back at work by now, instead they made me worse and now it will take longer to be able to. I do not trust authorities and I dread even the though of ever having to go back to an ATOS so called doctor and hope that I can get back to work before I have to. Please make sure you contact welfare rights as they can help you get the decision overturned. I contacted them and took a friend with me for support as I was unable to even talk to explain what had happened to me and find it hard being around people that I do not know in case I break down. Not only did they sort out my appeal but they also felt that I should be getting DLA. They sorted that all for me and I now have both ESA and DLA. It is not right that we should have to go through this, all we want is time and support to help us get our lives back, but I am sure that they can help you get the decision overturned that will allow you to do this. Good luck with your appeal in fighting for the right to help and support that will allow you to get better.


  12. #12
    Basic Account Holder Helen2264 Novitiate

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    Default Re: ESA Stopped - Atos ????

    Quote Originally Posted by SuSu2020 View Post
    Hi HelenI am so sorry to hear of your problems and my heart goes out to you. The whole system is totally unfair. I struggled to keep my business going throughout my problems and only agreed to being signed off in Feb 2009. This is the 1st time in my life I have needed support and help with benefits (I am in my 40's), and yet I am having to fight for what I am rightfully entitled to, it's ridiculous. I too am used to earning between 20-45,000 and I long to go back to being the person I was. However, I have been told by and ESA/Atos Doctor that this is very unlikely, due to my nervous state and anxieties.If only these people realised that we don't ask and wish to be ill, but unfortunately events in our lives have led us to this point. All we want is the support and help (both professionally and financially) to get better, which can take time. Having to fight to get this is distressing and actually makes us worse. I am having to go to the doctors now for help as I have been 'self harming' for some time now, but more so since this has happened.Good luck Helen with your fight for what is rightfully yours.SuSu xxxx
    Thank you Susu for your kind reply I too been working since I left school as a 16 years old now I'm in my forties just like you I kept working and ignore my health problem until I could no longer move from my armchair without excruciating pains I can take pains but this one was too much to bare I've always had problems with my cervix both my boys born 2 months early and I lost two children after the second child because of a weak cervix anyway I went to my GP she packed me off to hospital straight away after examined me she ordered a scan to check incase it was something worst well she suspected cancer of the cervix of course seeing the concerned in her face my panic attacks came back with a vengence and this time round I can't seems to conquer it usually i recover quick and get back to normal life and career it is now just going on 5 years and i cannot shake it off I am eager to get back to the City there are many things I want to do with my life and being on benefit is not one of them, please I am not disrespecting anyone on benefit I know we all have our circumstances it's just my personal thoughts I've had ECG's last year because of my panic attacks but they could not get a reading of course each time I went to see my gp I have a panic attacks in her surgery just the thought of picking up the phone to ring her my panic attacks would start I now suffer with agoraphobia and have a fear of going up and down the stairs it's endless. I am worse off too and I am now on anti depressant. If it's any consolation ESA fail most claimants only 7% gets through if you've failled your ESA they will give you a hard time with dla they've told me that's why i will not get dla I am seeing legal aid next week and my gp too I will put up a fight especially when they've refused me dla on the count of my esa medical which i did not have. Please don't give up we'll support you the best we can you are not alone we all have to stick together with this something needs doing it is so unhumane i will let you know the outcome of my dla. Go for dla you are entitled to it they are many Legal Aids about I cannot tell you CAB OR Welfare Rights in my area welfare rights no longer exist and cab it's not even worth thinking about and dial take 3 months before they even assess you. There are Disability Law Centre also I shall PM you the contact details.

    Take care of yourself and you too please fight for what is your right.

    Be well

    helen xxxxx


  13. #13
    Basic Account Holder Helen2264 Novitiate

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    Default Re: ESA Stopped - Atos ????

    Quote Originally Posted by rightsforme View Post
    Hi It is disgusting that we have to fight for this right and help, it does make us worse having to go through this barbaric treatment just because we have an illness that can't physically be seen. All I wanted was time which would allow me to recover and get back to work. I was a single parent, worked full time and undertook numerous college courses to gain additional qualifications. If I had not been turned down I may well have been back at work by now, instead they made me worse and now it will take longer to be able to. I do not trust authorities and I dread even the though of ever having to go back to an ATOS so called doctor and hope that I can get back to work before I have to. Please make sure you contact welfare rights as they can help you get the decision overturned. I contacted them and took a friend with me for support as I was unable to even talk to explain what had happened to me and find it hard being around people that I do not know in case I break down. Not only did they sort out my appeal but they also felt that I should be getting DLA. They sorted that all for me and I now have both ESA and DLA. It is not right that we should have to go through this, all we want is time and support to help us get our lives back, but I am sure that they can help you get the decision overturned that will allow you to do this. Good luck with your appeal in fighting for the right to help and support that will allow you to get better.
    I agree with you about Authorities I don't trust them either. I can't help but feeling we are going back to the times of Henry VIII poor vulnerable people might as well not exist. I am so happy for you that's the thing you cannot get through to those morons that you had a life and career and want to get back to it they think people don't want to work i like yourself studied and took many courses whilst i was off work looking after my boys when they were pre-school aged with my first i went back to work when he was 3 years old and that after been working for solid 5 years after my second the same thing right up to 2005. The Atos doctors i've heard about a monkey can do better job someone had their dla refused because the atos doctor look in a guide book to see what the claimant was talking about . Your fortunate outcome for me i can't even dream it because we have no welfare rights in my area and cab had many cuts and they are overload with volunteer that do not know much about dla, DIAL is as useless.

    Take care



    helen


  14. #14
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    Default Re: ESA Stopped - Atos ????

    Hi everyone, thanks for all your support. I am fortunate in that I have an excellent mental health team and they help with my benefits. I already get DLA and once they filed my appeal for ESA (originally got 9 points), they said that I had totted up over 60 and hoped that it would be agreed without going to tribunal (But who knows). Doesn't help when I have had no money since two weeks ago, and have to keep trying to make meals for my children (THank god for freezers).

    It is really hard to try and shield my concerns from my children, they see me cutting my arms and crying and having sudden anxiety/panic attacks. This is having a knock-on effect on them.

    If these officials really understood the extra damage they are doing, I am sure they themselves would insist that they had the power to research genuine claims in a more thorough way. LET'S HOPE THIS ESA FIASCO CAN BE HIGHLIGHTED - MAYBE A TV PROGRAMME COULD HELP!!!!!


  15. #15
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    Default Re: ESA Stopped - Atos ????

    Good luck SuSu, I do hope they change their decision as it's a long wait for a tribunal. No surprise you should have scored far higher! I hope your ESA has resumed as you should still be getting that, albeit at the lower rate.
    Best wishes
    Rae.

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  16. #16
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    Default Re: ESA Stopped - Atos ????

    Quote Originally Posted by SuSu2020 View Post
    Hi everyone, thanks for all your support. I am fortunate in that I have an excellent mental health team and they help with my benefits. I already get DLA and once they filed my appeal for ESA (originally got 9 points), they said that I had totted up over 60 and hoped that it would be agreed without going to tribunal (But who knows). Doesn't help when I have had no money since two weeks ago, and have to keep trying to make meals for my children (THank god for freezers).

    It is really hard to try and shield my concerns from my children, they see me cutting my arms and crying and having sudden anxiety/panic attacks. This is having a knock-on effect on them.

    If these officials really understood the extra damage they are doing, I am sure they themselves would insist that they had the power to research genuine claims in a more thorough way. LET'S HOPE THIS ESA FIASCO CAN BE HIGHLIGHTED - MAYBE A TV PROGRAMME COULD HELP!!!!!
    Susu there is going to be a TV Programme a well known TV Channel is going under cover with regarding to ESA Medical how claimants suffered.
    With your mental health team you should be ok the ESA people would back.

    I wish you all the luck and let us know the outcome.

    take care


  17. #17
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    Default Re: ESA Stopped - Atos ????

    Quote Originally Posted by Helen2264 View Post
    Susu there is going to be a TV Programme a well known TV Channel is going under cover with regarding to ESA Medical how claimants suffered.
    Helen2264

    When, were, any info to this one.:grin:

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    Default Re: ESA Stopped - Atos ????

    Hi Helen, that's fascinating and good for them for looking at it. If you don't know when it will be shown right now, please could you post when you have a date and time? I'm sure Like-Im and I are not the only ones who'll be glued to this.

    I hope people who aren't affected will realise what's going on and that not all benefit claimers are the 'spongers' some of the press seem to go on about.

    My best.


  19. #19
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    Default Re: ESA Stopped - Atos ????

    Yes, Helen, honestly!
    You can't just tease us with a snippet like that! Come back and tell us more. I really hope they do a good job. I wonder if it's the same production company that contacted CAGicon about bailiffs???
    Rae.


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    Default Re: ESA Stopped - Atos ????

    Further details about the upcoming BBC programme can be found here :-

    BBC - Ouch! (disability) - Messageboard Disability Q&A - Atos are a complete Joke!

    Mr Hendry is still interviewing people at the minute, and we've traded emails.

    From what I'm led to believe, it seems there is no small shortage of people he can find willing to express their opinions on ATOS. He's interested in on-camera interviews as well.



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