Hello all,

I thought I would share with you my experience of Atos & get some advice regarding the complaints procedure.

I recently had an ATOS assessment to which I gained 0 points, as such I am not entitled to any benefit.

I have been unable to work since the 3rd of September, I am a freelance tree surgeon & was hit by a falling branch which broke my right clavicle (collar bone). Thankfully this is a reasonably short term injury & I should be capable of returning to work within the next few weeks. I will have to borrow money to cover next months rent & pay the bills, thank god it is nothing more serious.

While undertaking the assessment my arm was in a sling & immobile, I brought all the relevant documentation including; fracture clinic statement of fitness & a discharge report from A&E. These were photocopied & included in their report.

I had surgery in February for a hereditary disease 'Dupuytrens Contracture' which effects my hands. At the time I claimed ESA while I was recuperating, in fact I should have had a further operation to my right hand last week but this has been put back to February due to the collar break.

Even though my claim was for the collarbone fracture all the questions were based around my hands & how they affect me. Obviously not excessively apart from occasionally dropping things & unable to get my hands around certain objects, as I had returned to work as soon as the skin graft was healed sufficiently.

Is this standard practice? (my cynical side says yes) How I would be deemed capable of undertaking a highly physical job while still unable to dress or lift my arm baffles me. I am now in the position where I financially have to return to work even though I am neither fit enough or capable enough to do so. A recipe for further disaster there.

I have booked an appointment with the CAB to discuss my options, am wondering what my chances of appealing this successfully are?

I really feel disgusted with the way people are being hounded with regards to sickness & disability. This will cause me stress & financial difficulty short term, for others it can be a life destroying decision.

Keep well, it's hell if you're not

Paul

: P4ulie:

Hello and welcome.

Not entirely sure whether you're after advice about complaining to Atos or info about the procedure for appealing a disallowance of employment n support allowance.

Can I suggest that you Google ESA214, a reasonably useful booklet which details the (rather harsh) criteria for an award of employment n support allowance. Limited capability for work means limited capability for any work, not just limited capability for one's usual occupation. And yes, someone who can't dress without help can be found fit for work.

Should you decide to appeal you need to complete a GL24 form (available on request from your benefit delivery centre or can be downloaded from the internet) and return it within one month of their decision that you're not entitled to employment n support allowance.

And the good news?

A recommendation from Atos that you're fit for work is prima facie evidence of your eligibility for jobseekers allowance.

During the hospital inpatient treatment for your hand you'll automatically have limited capability for work. Ask the doctor for a Med 10.

Sincerely, Margaret.

Can't understand why you were asked to attend a Work Capability Assessment when you've only been claiming ESA for 4 weeks since Sept? Thought it was only after 13 weeks they called people in, meaning majority of people with fracture injuries had been given enough time to recover from a 'break' unless it was complicated.

Total madness this ATOS system. They must be getting desperate.

Can't understand why you were asked to attend a Work Capability Assessment when you've only been claiming ESA for 4 weeks since Sept? Thought it was only after 13 weeks they called people in, meaning majority of people with fracture injuries had been given enough time to recover from a 'break' unless it was complicated.

 

Total madness this ATOS system. They must be getting desperate.

Meanwhile, some of us are waiting much longer than 13 weeks. 16 weeks and counting for me.

OP - you may be able to claim housing benefit. You do not need to be claiming ESA for this. You just need to be on a low income.

Meanwhile, some of us are waiting much longer than 13 weeks. 16 weeks and counting for me.

 

OP - you may be able to claim housing benefit. You do not need to be claiming ESA for this. You just need to be on a low income.

Now 9 months since my ESA50 went back and still waiting.

I thought that ESA assessment period was a MINIMUM of 13 weeks? I am not sure they should be allowed to consider doing one before, especially when so many are waiting so much longer. It does not make sense.

And yes I know that is pretty much the sentence that summarises the ESA system!

I thought 13 was the minimum too. Given that some claim for temporary medical problems, it makes no sense to call someone in at week 4.

Looks like they appear to be making an example of me?

I actually had the assessment within 20 days of applying for ESA, only received the confirmation on friday. Very efficient

I have the meeting with Citizens Advice tomorrow so will see what my options are. I wasn't aware that the capability assessment for work does not factor what you actually do for a living into the criteria.

Seems nuts to me to be forced to sign on. Insult to injury is having to do my tax return for last year. That is really sticking in my throat right now. Still, might help an MP pay their rent I suppose, after all they really need it

I have confirmation of housing benefit although it is tied to receiving ESA, unfortunately I live near London so with the cap it is just over half the real cost. The cheapest 2 bed flat that could be found was £825 per month & max benefit £75 per week. Every little helps though.

Thanks

:P4ulie:

More likely that you happened to be in the wrong place at the wrong time; just as your local Atos centre found a couple of new pinocchios/extra rooms.

Who told you housing benefit is tied to employment n support? The criteria for housing/council tax benefit is low income. You need to notify a change of circs to your local council but they'll still pay the benefits unless you've other income.

Good luck for tomorrow, Margaret.

Income based ESA automatically entitles you to full housing benefit for your area. But you can claim on the basis of low income.