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.

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 mortgage interest 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

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

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.

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

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.

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.

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.

Just out of intrest

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

MARTIN

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

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!

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.

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 CAG Site team OK it?

Mr Silver

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 CAG Site team OK it?

 

Mr Silver

Yes Please!

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.

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.

found this

Disability Alliance UK (United Kingdom) - digest of Incapacity Benefit case law and commissioners decisions compiled by Martin Inch

Cheers MIKEY D interesting read.

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.

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

Hi, I asked for an appeal but had not realised untill DWP rang and asked me on a monday if I had any new info as my claim was due to be reconsidered soon.

I sent all new medical info on the tuesday and on the thursday I got a letter turning me down again.

I complained and said that there was no way they had taken my new info into consideration as they would not have recieved it by the time I was turned down again ( we all know tha they dont deal with post on the same day) But they said that they had and that was that.

I complained that I had not asked for reconsideration as I had the right to go straight to appeal but was told that every one goes to reconsideration which in my opinion was just time wasting and against the rules of their own web site.

After that they lost one of my doctors notes 'in the post' so I have to record them now.

I have been told by a lady at the job centre that nearly evey one who has their decision looked at again ends up going to tribunal.

I feel helpless and angry and as if I am hitting my head against a brick wall.

I really would be worthy of an oscar if I could get my doctor to sign me off for 14 months when there was nothing wrong with me.

I have already had my 6 pathways to work interviews and my adviser said it was a box ticking excercise as she could not place me in work.

Her face was a picture when I told her I had failed my ATOS medical.

I am able to look into things and complain and prepare my case but for some one who is not able or cannot read or write very well or has no family to turn to this process must be more of a nightmare

These vunerable people are being discriminated against because our government has to claw some money back .

If I won the lottery I would emigrate tomorrow.

Thanks Honey bee. I would have run off if I could still run. The results of an industrial injuries medical always ome back within the week so I will let you know what happens.

Fingers crossed, cbbc.

I hope he was professional enough not to let any former complaints colour his judgement.

My Pathways Adviser was the same when I told her I'd failed my ATOS box ticking excercise.

Best wishes and good luck.

Rae.

Stay strong cbbc, I know how wearing it is. I also worry about people who are less well informed and have no-one to help them. When we were giong through this, I kept saying it to my husband.

Maybe that's why I was meant to find the CAG site.

My best, HB

Hi,

Can anyone tell me what happens if I win the day at the tribunal and am allowed ESA.

I know that I will not need medical notes any more but I bet they dont leave people alone.

I have already had my pathways to work interviews.

For industrial injuries benefit I have to have a medical every 6 months, is it the same for ESA. I hope not.