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 cbbc Novitiate

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    Default I failed my atos medical

    Hi,
    I failed my atos medical with 6 points even though I was on crutches, have been awarded DLA and have been awarded industrial injuries as being 28% disabled in the same office the week before. There wasnt a lot of point being awarded this though because they take it straight out of you ESA money.
    My report said I could walk unaided, I was using a crutch. I could squat, I didnt, and because I did not get up during the interview then I was capable of sitting for long periods even though I am due a hip operation and further knee surgery. The doctor said I had a meniscus tear in my knee when they are not allowed to diagnose people and he was totaly wrong, thats a relatively minor injury. When I had the op on my knee I had extensive long term damage but my atos medical was before all of my hospital treatment.
    I appealed the decision in October and complained about everything and got 25 compensation because my M.P wrote to them on my behalf, they wouldnt change their minds though even though atos admitted wrongly diagnosing me. I wrote to every single M.P to do with benefits on both sides even the P.M but did not get one reply.
    What job could I do? If I fail the appeal am I allowed to sign on at the job centre when I am signed off by my G.P.
    I am sick and tired off this, I had my accident in Jan 09, was let go by my employer( even though I got the injury at work) because I was not capable of returning to work in August 09 and I am still thinking about this every day in March 10. I have no date for my tribunal yet.


  2. #2
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    Default Re: ESA Medical

    Hi cbbc, this sounds tough for you, although as Kelcou says, getting six points is a result, most people receive a grand total of zero!

    I'm posting this so you have a reply, but rather than hijacking this thread, I think you should have another thread of your own, separate from your mortgageicon interesticon one. That way you'll get advice that's relevant to you personally.

    I'll ask the site team to help.

    But to address the problem. Are you sure it was a doctor you saw and not a 'health professional'? I'm amazed about the meniscus tear comment - I thought it needed an MRI scan or x-ray?

    When you say you appealed the decision, was this to the DWP's Decision Maker?

    If I'm right about that, the next step would normally be a tribunal, as you say. The process isn't quick, but in my experience it's fair. [I won, anyway.] Closer to the time, we'll help you put a case together, but be sure to keep all the paperwork, especially anything from the hospital or medical people.

    I understand you feel sore about Atos - a lot of us do, but I'm not sure anyone has successfully challenged Atos themselves. Guys?

    Have you had the appeal pack from the DWP? One of the most important things to have is a copy of your Atos assessment and from what you say, it sounds as if you may have seen it. Mine had so many errors I lost count! Go through the assessment with highlighter pen or pencil, etc, and mark all the answers that you consider are wrong. When you see the tribunal, they will take your word for your condition and will clearly see that you have crutches, if you still do, unlike the Atos person. Diplomatic blindness? But of course letters from your GP and other doctors will back up what you say.

    I don't feel able to comment on the rest of your post, but someone will be along soon, I expect.

    My best, HB


  3. #3
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    Default Re: I failed my atos medical

    Thread moved and retitled to 'I failed my atos medical'. If you want it changing let me know.

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  4. #4
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    Default Re: I failed my atos medical

    Hi cbbc and welcome.
    I'm so sorry you had such a bad time with ATOS. Unsurprisingly, however, I'm not surprised. I'm convinced you could turn up as just a head on a cushion and they'd still pass you off as fully fit!
    Two points to note. I really think we should stop referring to these appointments as 'medicals'. They're not. It's an assessment as to what work a senile doctor or a failed nurse thinks you can do. But even then I can't blame ATOS. They are just the donkeys gathering the data the DWP has instructed them to gather in a manner shaped and controlled by them. That's why so many fail. [I dream of the glory of scoring 6 points! ].
    ATOS don't pass you or fail you. That foul and evil duty falls on the shoulders of the DWP Decision Makers. And the stench of sulphur coming out of their offices must be pretty bad by now. I guess the main criteria in taking up a job as a DWP Decision Maker has to be the complete surrender of your conscience. I really really don't know how those people can sleep at night knowing the misery and deprivation they are causing to tens of thousands of people.
    I do hope you've done the sensible thing and appealed. As for any tribunal that'll take time. I've been waiting almost 9 months so far and still no date. But I can't blame the tribunal service for that. They are completely swamped and struggling in a sea of malicious decisions. So you'll have to be patient I'm afraid.
    Best wishes.
    Rae.

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    Default Re: I failed my atos medical

    When walking with the crutches do you place both feet on the floor or do you "swing through"? If the latter then this is not "walking" and therefore you should, in theory, score 15 points for the walking descriptor


  6. #6
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    Default Re: I failed my atos medical

    That's a good point, Paul.

    cbbc, I meant to say earlier that you can find the Work Capability Assessment system and points online, via the DWP website. Or some of the charity websites have the details too. If you compare that with your Atos assessment [not medical, Rae ] you can argue about why it's wrong.

    We added up how many points we thought I should have scored, which was well above what Atos thought. You should be able to work out your own score using the real answers, not what the computer arrived at. The tribunal agreed with us.


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    Basic Account Holder cbbc Novitiate

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    Default Re: I failed my atos medical

    Thanks for making me laugh everyone. I probably hopped into the room as I was on crutches and only have one bad leg.
    I have appealed and am waiting to got to the tribunal. I've just sent them all of my specialists letters and a covering letter.
    I will keep everyone informed. Good luck to all of you too.


  8. #8
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    Default Re: I failed my atos medical

    Fingers crossed, cbbc, get back to us whenever you need information. It's nice of you to wish everyone else well, and I'm glad you managed to raise a laugh.


  9. #9
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    Default Re: I failed my atos medical

    Just out of intrest

    Would the atos medical take into account cbbc DLA claim,depending on what component of DLA cbbc gets ?


    MARTIN



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    Default Re: I failed my atos medical

    Little wonder that people have renamed the Atos medical, "The Lourdes Cure" - whereby the lame, infirm and terminally sick, leave "miraculously cured? ".

    I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - see this post by Joa, great advice and links!
    I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.
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  11. #11
    Basic Account Holder Mr Silver Novitiate

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    Default Re: I failed my atos medical

    cbbc - if you failed the DWP ATOS quack assessment, don't worry!

    Their entire rationale is based on speed and output; check out the approved quack on the GMC site to verify whether they are registered!

    Also make sure you get a copy (unless you made a copy already) of the booklet questionnaire that you filled in before your assessment.

    Compare that with the assessment score and computer / robotic answers given by ATOS.

    You can also request that your Appeal is heard at home (I believe).

    Did you ask for a REVIEW? before the APPEAL?

    Good luck!

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    Default Re: I failed my atos medical

    Most people would believe that for such an important procedure they are examined by a qualified Doctor - WRONG! In fact the regulations have been amended and allow "Health Care Professionals" to conduct the exam. Hummm, Imagine someone presenting with a complex set of mental health disorders being examined by a Chiropractor.

    I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - see this post by Joa, great advice and links!
    I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.
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    Basic Account Holder Mr Silver Novitiate

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    Default Re: I failed my atos medical

    cbbc and other CAGgers who have been to an ATOS ESA assessment.

    I recently received an e-mail from a Disabilty Benefits group with a contact name/ tel and e-mail address for a BBC journalist who is making a TV doc for the BBC about ATOS and their DWP assessments for ESA.

    If you want the details I'll post them on this thread if the Site CAGicon Site team OK it?

    Mr Silver


  14. #14
    Basic Account Holder Like-Im-Being-Ripped-Off Novitiate Like-Im-Being-Ripped-Off Novitiate Like-Im-Being-Ripped-Off's Avatar

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    Default Re: I failed my atos medical

    Quote Originally Posted by Mr Silver View Post
    cbbc and other CAGgers who have been to an ATOS ESA assessment.

    I recently received an e-mail from a Disabilty Benefits group with a contact name/ tel and e-mail address for a BBC journalist who is making a TV doc for the BBC about ATOS and their DWP assessments for ESA.

    If you want the details I'll post them on this thread if the Site CAGicon Site team OK it?

    Mr Silver

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  15. #15
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    Default Re: I failed my atos medical

    Hello Mr Silver. There's also the Atos thread on this forum, started by F_DCAs, I think that's the right spelling.

    That way, cbbc gets his/her own answers, it's a general thread for all the people who feel jaded, or worse, about Atos. Good luck cbbc.


  16. #16
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    Default Re: I failed my atos medical

    There's also this, with the relevant contact details :-

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

    I should also point out that he's interested in on-camera interviews.

    I've already stated I'm going to be asking around mental health charities within my local area to see if they have anyone there who may have had dealings with Atos and be interested in being interviewed about their experience with them.

    Essentially, I'll be leaving brief details with each one explaining how to get in touch with the journalist in question if they're interested.


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  18. #18
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    Default Re: I failed my atos medical

    Cheers MIKEY D interesting read.

    My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

    If my advice has been helpful, please take a moment to click on the scales

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    Basic Account Holder cbbc Novitiate

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    Default Re: I failed my atos medical

    Hi, You wont believe it. I went to my industrial injuries medical today and it was the same 'doctor' who I had complained about because of my terrible ATOS medical in September. I was so embarassed.
    He didnt let on that he recognised me. He behaved as if we had not met before. Perhaps he sees so many people that he actually didnt recognise me. I hope so.
    He was very nice and kind and it will be so interesting to see what he says about my condition for a different benefit and not for ATOS.
    This medical and interview are not as long and the questions only last a few minutes.
    If the result is good then it will be something to take with me to tribunal.


  20. #20
    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: I failed my atos medical

    Hi cbbc, what a horrrible experience. I don't think you are the one who should feel embarrassed at all.

    I hope others will be along to comment. Don't give up.

    HB x



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