I had my medical assesment for ESA on 12th April. Last Friday I telephoned DWP and asked for a copy of my medical report. Well, I expected to be waiting a fair few weeks for it. I got a shock as it turned up in the post this morning.

It probably won't come as a surprise to anyone that there seemed to be quite a few discrepencies on there...to say the very least.

I suffer from bi-polar, my condition led to me loosing my job in February. Currently I am on anti-psychotic drugs as I have been in one of the worst manic phases I have ever had the 'pleasure' of experiencing. This leads me to have hallucinations and paranoid thoughts. Yes I mentioned this fact to the 'registered nurse' who did my medical. I also told her that I had seen my G.P only the week before, who told me that she wants to see me every week for the foreseeable future as I am walking a 'tightrope' in regards to my mental stability. Well, surprise, surprise.... "No hallucinations", "No paranoid thoughts" on the medical report.....

I had a representative from mind with me, who took notes. Of course he was told that these notes would not be allowed to be used in an appeal or tribunal before he started writing.

I was so upset by this report that I telephoned the DWP and told them about the misrepresentations on the form. I was then told, very coldy that I should never have been given the medical report so quickly as it hadn't even been put on the system yet. The lady I spoke to sounded very perturbed that I had effectively obtained the notes before she had.

I just can't believe how the DWP can get away with this.

Welcome to the Anti-ATOS club!

I don't see why your reps notes can't be used at any future review / Tribunal. They were made at the time and are relevant. Just ask your rep to date and sign them.

Good luck and best wishes.

Rae

I had a representative from mind with me, who took notes. Of course he was told that these notes would not be allowed to be used in an appeal or tribunal before he started writing.

yes the notes can be used as long as the witness comes with you to the apeal,firstly you must now send a SAR to ATOS and ask specificly for the QUALIFICATIONS of this registered nurse and is she registered with the GMC...

make sure you make your apeal as soon as possible i think kel can help you with what forms you will need for the apeal..but go for it also get your DOCTOR to submit a letter to the DWP and a copy for you to send in with your Apeal,and if you are to receive phsychiatric help then get a letter of who is treating you and for what....

patrickq1

i have to be careful what i write ime back on the getting botted again

How would I go about doing that Subject access request? Do I need to fill in a specific form, or just send an email to ATOS? I'm totally clueless here.

Thanks people.

-Marie

Hi marie72,

I've sent a message to ask someone to advise you regarding the subject access request - unless someone else advises in the meantime...

Best wishes

Rae

Hi, he sent me his template instead

...............................................

From: [Enter name and address]

To: [Enter addressee]

Date

Dear Sir

Data Protection Act 1998 - Subject Access Request

Please supply a complete list of the data held and used by you that relate to [Your name]. It is also to include third party information held with all other agencies.

Additionally where there has been an event in the account(s) history during the period accounts have been placed with you that have required any manual intervention by any member of your staff or any other person I require disclosure of any indication or notes which have been caused or resulted from that manual intervention.

I would like to bring to your attention data can be held in written information, e-mails, electronic documents, photographs, CCTV images, telephone conversations and include any recorded or written opinions about me/us and any recorded or written intentions and action taken regarding me/us.

I/We would like this information to be sent to my/our home address as listed above. You have 40 days in which to comply.

To satisfy payment to supply this information I/we enclose a fee of £10 this payment must not be used for any other purpose.

Yours sincerely

.........................................

Make sure you send it by post signed for.

Obviously this is a catch-all template. Do ensure you also include the specifics you may particularly require - ie the nurses qualifications.

Further advise was to send payment as a Postal Order as this is guaranteed payment...

Many, many thanks for your help Rae. Very much appreciated.

-Marie

P.S oh and Patrickq1 also of course!

Ok....one more question!

Where exactly do I need to send this letter? Any specific address? Sorry for the questions guys. I'm just totally in the dark.

Cheers

-Marie

You could try here:

Registered Address:

Atos Healthcare

4 Triton Square

Regent's Place

London

NW1 3HG

United Kingdom

Many thanks for your help again Rae, just spent the best part of today writing a letter of complaint to DWP and ATOS. I'm far from subtle though and am worried it might be a bit 'sarcastic'. Not that I've got anything to be sarcastic about mind you, regarding my medical assesment.......

Always feel free to post up your letter - excluding any personal identifying bits - and we'll help your draft if needed. That's what I tend to spend a lot of time doing over on the Bailiff forum. If it can be usefull here, why not?

Best wishes

Rae.

I hope you won't mind me asking, but was the result of your ATOS medical check in your favour? My partner will be in the same position as you at some point in the future (diagnosis originally 17 years ago), and any help or guidance on how the process worked for you would be appreciated.

Greetings Cumbrian Peasant and thanks for joining the unofficial ESA club on CAG forums where there is a wealth of information if only newbies would spend some time looking at the previous threads.

I hope you won't mind me asking, but was the result of your ATOS medical check in your favour?

My partner will be in the same position as you at some point in the future (diagnosis originally 17 years ago), and any help or guidance on how the process worked for you would be appreciated.

See also:

• Factsheet F31 - employment and support allowance overview
  
• Factsheet F32 - employment and support allowance medical tests
  
• Factsheet F33 - employment and support allowance activities,descriptors and points
  

http://www.cas.org.uk/FileAccess.aspx?id=7323 (Unfit for Purpose - Scottish CAB evidence on ESA)

http://www.citizensadvice.org.uk/not_working_ma... (CAB evidence on the ESA work capability assessment.)

http://brightonbenefitscampaign.wordpress.com/2... (Employment and Support Allowance: a new harsher test Brighton Benefits Campaign)

DWP ESA Medical Examinations (First hand experience of the DWP ESA procedure from someone with a debilitating and life threatening brain tumour who was deemed fit by the DWP's "medical" contractor).

Dear Lone Ranger - I'm sure you thought your posting was helpful. However, all the various links you provided I have already researched. My question was directly for Marie72 whose situation exactly mirrors that of my partner. Do you have direct knowledge of Maries outcomes?

May be, in future, you could tone down some of the rather heavy handed criticisms found in your reply to me. Thanks!

Easy tigers!

Cumbrian Peasant, marie72 hasn't visited CAG since 10th of May so you may need to be patient! I suggest clicking on her username and sending her a private message, it might be that she will get an email notification that she has a message and check in here...

By the way, I still prefer 'Cumberland'

Best wishes

Rae

Send Marie a PM like you ought to have done in the first place, seeing as her posts are now from over 10 weeks ago, what did you expect to achieve by posting a vague question in a forum.? BTW I've answered the only specific question, derrr, if the exam was favourable then there'd be no need to ask for the report.

TBH if you've already read the info in the links provided, then you wouldn't have come here with such a dumb post.

Hey, relax LR!

Whatever the rights or the wrongs of the post, CP is new to the forum and should be accorded the respect a newbie is due...

Best wishes

Rae

Sorry Rae, I shouldn't have plugged doyourownhomework.com

Send Marie a PM like you ought to have done in the first place, seeing as her posts are now from over 10 weeks ago, what did you expect to achieve by posting a vague question in a forum.? BTW I've answered the only specific question, derrr, if the exam was favourable then there'd be no need to ask for the report.

TBH if you've already read the info in the links provided, then you wouldn't have come here with such a dumb post.

lol who has been rattling your cage LR like a bear with a sore heed hehe

Loan-Ranger has put up some very relevant and helpful links for Cumbrian Peasant (CP) and I think there has been a genuine misunderstanding by CP. Loan-Ranger willingly gives his time to this site and has assisted me and numerous other caggers offering invaluable advice and links. I have recently needed advice, support and assistance and Loan-Ranger has often come onto my threads and put up links and offered advice. My mum suffers from mental ill health and I am her carer, so I have become a member of this elite ESA Club. The caggers on this site have all been brilliant and supported me through some very dark and confusing days. CP the links that LR posted I have previously added as 'favourites' as they are very useful. Loan-Ranger you are brilliant and a big thank you for all your wonderful help and advice.

what is the diagnosis and at what stge are you at,what benefits are your partner in receipt of ,please furnish this information then we can advise on a better understanding...hope that helps..

patrickq1

Cumbrian Peasant - I have sent you a PM. I haven't been online for ages due to very poor mental health. Rae, I'd like to thank you for all your help with the letter for my appeal, which has now been passed to tribunal stage as obviously - I was found fit to work after all the 'discrepencies' at my medical.

I wish you all the best of luck.

-Marie

i think atos just do what whoever they are being paid by wants as i used to work for royal mail and atos recommended that i took ill health early retirement which i had too do,then when i am put on esa atos then inform the dwp then i am not entitled to any points as in their medical opinion i am well enough to work. so why did they lose me my job in the first place then ! what a useless lot they are

i think atos just do what whoever they are being paid by wants as i used to work for royal mail and atos recommended that i took ill health early retirement which i had too do,then when i am put on esa atos then inform the dwp then i am not entitled to any points as in their medical opinion i am well enough to work. so why did they lose me my job in the first place then ! what a useless lot they are

A young woman went through Meridian news after she went through exactly the same scenario. Do a search on google 'nicola hobbs anorexia atos meridian' and you'll find plenty of info in relation to that.

Telling the same story again to the same sources will at least make it known that Hobbs' story is hardly an isolated one. That may be something to consider, especially if you want to kick Atos in the teeth (and we do!).

This is the Meridian link :- http://www.itv.com/meridian-west/fighting-to-be-fit07254/