I can't express how happy I am for you. At least there's a time to relax and get on with hopefully getting better. During this time I too found I was going to be kept in the Support Group although they have said I can be reassessed in Feb 2014, which isn't great but better than most. As you say preparation is absolutely the key and cannot be applied enough. Well done and good luck with your road to recovery.

Well done Stewey and congratulations. To add to the celebrations I too had a letter yesterday saying I'd be staying in the Support Group. One of the things we can all learn here is perseverence and planning your application are absolutely vital. Giving as much info beforehand will often mean like you and I Stewey a medical exam is unecessary. My only downside is that they've said they'll reassess in a year which is actually 9 months now, but well I can get on with living this life. Yes being successful does make you want to help others get their entitlement, so it would be great to see you in that role now Stewy. Congratulations once again time for a treat now after all that worrying.

I'm so sorry you've been treated in this way. I know everyone says it and it's unlikely to help this time but while all this is fresh in your memory I would write everything down that has happened to you thus far. Not only can you use this if you need to Appeal anything but I would send it off to your MP. If you have the stamina I'd also phone as soon as you feel able and ask to speak to a manager and tell them you have a complaint which you need dealing with as soon as possible. Don't be fobbed off. If you get to speak to someone remind them that they were the ones who refused you a home visit and as many of their calls will be recorded tell them how you were treated on the previous phone call. In the meantime send your complaint to the email and Address below. You can read their charter and complain referring to the first two committments they make on that Charter which are; We will treat you as an individual, listen to you and will strive to ensure you have a positive experience with us We will provide an assessment tailored to independently report how you are restricted by your medical condition By not taking into consideration your requests both verbal and on the ESA50 they have certainly failed you on committment 2. If you're not up to complaining beforehand then don't worry, but do complain. I know you also have the Medical to get through but once you've complained then simply focus on your medical. There are plenty of sites with suggested questions they'll ask, so prepare as much as possible and as we said hopefully they be able to see that to claim you're fit for work would be crazy. Preparation is key and I do wish you well and send you strength to get through it, and like most things in life......this too shall pass. [email protected] Atos Healthcare, Block 1, Wing G, Government Buildings, Otley Road, Leeds, LS16 5PU.

If I remember rightly the family have issued a statement saying that an error had been made in this case and were asking people to stop rehashing this story I'll try and find where I read that. Can't find it now but scoop it who ran the story have now removed it. There weren't many details simply that the family said it was an error.

As others have said, two weeks seems like an eternity of waiting but to be honest they probably haven't even looked at it yet. I know a lot of people seem to think that waiting a short time or waiting a long time has some bearing on the outcome but it really doesn't. I've had two very different scenarios last time I sent my form off and within 16 days I had a letter from the DWP stating their decision. This time I sent it off on February 6th and haven't heard anything at all from the DWP. However I contacted ATOS on April 2nd and they said they'd sent a decision back to the DWP saying they'd advised I didn't need an assessment. I left it until today and the DWP haven't any decision on their system even though they know that Atos have sent something, so she said that given they haven't asked for me to be assessed I can take it that I'm remaining in the same group. I know some people haven't ever heard the decision, when they've stayed in the same group which I think is terrible. Anyway what I'm trying to illustrate is that it all depends how big a case load they have and it is simply a case of you being patient and waiting. To my knowledge they are not particularly bothered about following up on Consultant or Doctors advice, usually relying on what's in front of them. In another 2 weeks contact ATOS by email and ask for an update. I have always received a response within 30mins to an hour and once you're in contact with a particular person, they respond pretty much straight away. They'll be able to at least tell you if your file is being looked at or not. Here's the email;[email protected] Patience

I realise it may be disconcerting having these changes but I can only see this as in your favour. It seems absolute nonsense though that they can't provide armless chairs cos of health and safety, how ridiculous but they don't mind sending you back to work where you'd be a liability. Anyway, it's all good and even better that they're the ones who are doing the cancelling. Just remember to check that they will still be recordning it so that doesn't get overlooked. Anyway I really hope you get the home visit. Well done and it always amazes me how much stronger people sound after just getting a llittle support from people on here, than when they first posted!. Have a little down time and forget it for a while now if you can.

That's really good news you have support, it does make a difference. Before you go just read back through everything people have said here, very important as said to say very clearly when and why you can't do something, if they ask you to perform something physically, so they can't suggest you just simply refused and of course not being stoical, if you're not coping. As regards the chairs, when you arrive at reception, tell them what you requested, so that they are forewarned, once you're in the room if they haven't provided the two chairs for you and an additional one for your daughter, just say, oh well I'll wait for you to get them. You're going to have to be the strongest and most determined you have ever been in order to remain in charge on the day, it's your assessment not theirs, it should therefore be all down to you how this goes keep that in mind. I'll be thinking of you and send you lots of hugs and support. It's a very short time in the great scheme of things.

Well done for getting through this bit.Allow yourself a bit of a breather now. I realise you're not out of the woods yet, but, your attitude to all this has changed since you started this thread. You sound a lot stronger now and coming up with the filming idea is brilliant. Hopefully you'll never need it, but it's really good you have things in place to take to a Tribunal, it does give you strength when you have proof etc. As regards time, it really does vary. In my own case for example I went from Incapacity benefit to ESA and it took 16 days from when I sent the form to having a decision, this time it's been 8 weeks from them receiving it to me asking by email and them telling me I am not being asked in for a medical, that would normally suggest I will be staying in the same group, but I've had nothing in writing about their decision yet and was told it would be about another two weeks which should be the end of next week, so I'm not going to be hopeful until I see it in black and white. So that would mean if it does come then it would have taken 10 weeks. I have known people wait for months and months, it really does depend on their workload. Payments wise one would think there'd be some rules about giving notice but others experience tells me there don't seem to be any hard and fast rules here. Some have only known the decision, when they notice that no payment goes in when they were expecting one. So in a nut shell, there's not really any way of knowing. But once a decision maker decides you no longer qualify that decision is affective straight away. So just relax for a bit now and let them get on with it, hopefully it will all be okay, but worrying won't make the decision come quicker or make it good or bad.

I'm not sure but could you get all Atos/DWP mail sent to your nearest Post Office. I know you can do this with packages. I've just done a quick search and there is a thing called redirect and protect, but I'm too tired too find out more. I know I heard on the radio not so long ago that sometimes if Royal Mail have had problems entering a property, nasty dog that sort of thing, that they do, refuse and the person has to collect it from their nearest sorting office. I know this would be a pain but at least you'd know that you'd be more likely to receive it. If you still have problems then, you'd know that it has nothing to do with your address being wrong or anything else. The other thought I had was is there anyone who could receive your DWP/Atos mail for you. You could give Atos/DWP a new address and if you still have a problem then you have a lot more to go on. Sorry I can't be of more help about your current situation though. I don't suppose you can contact your MP or CAB. Maybe try and speak to someone more seniour if the first person is of no help.

Just wondering of you'd been yet and if so what happened. Hope it all went well.

Hi Stewy, Good to hear you're moving ahead with this and you are seeing this as a right, it is after all what you're entitled to. I'm a bit hesitant to throw this suggestion your way as I know you're getting through the form and that's a task in itself, but there was just one more thing which I suggested to another on the forum and wondered if it might apply to/help you. If you're at the point where your ESA50 is nearly ready then you can always look at this as something to do whilst you wait for your form to be looked at. Don't forget you want the assessment recorded and if there are only certain days you can have someone with you, make sure you tell them you're not available on the other days. Having someone with you is a real bonus, doesn't matter who it is really. Anyway there are certain times when some people won't actually score points on the descroptors but can still be classed as unfit for work related activity ie The Support Group they are known as clause 29 and 35. Not knowing the ins and outs of your condition, but your GP may feel happy to sign such a letter for you. The link goes to some templates about a thhird of the way down the page and it's one for you and one for your GP. If for example you send off your ESA50 and in the meantime your GP is happy you fit into the category, if you are then called for an assessment you can either go and give the assessor this letter or contact them beforehand and say you now have this letter quoting the clause numbers. As said don't let it get in the way of getting your ESA50 done it's something that may be useful after that. It's all worth a try to avoid further stress etc. http://www.blacktrianglecampaign.org...triangle-dpac/ As always wishing you all the best and let us know when you've sent it recorded delivery, at least you can relax for a bit.

I know life can feel like that I was 37 at the time I became ill, I am having problems with my lower back with a couple of herniated discs and have always had the sacro/iliac problems with pain etc, so I do sympathise. On the day of your assessment, make sure the taxi takes you as near to the door as possible, if you have to half lie across the back seat , then tell the assessor that too. One thing I can't stress enough is forget about your diagnoses on the day as you say they have all that and they've still called you in, just concentrate on making sure they are aware of how it affects your ability to do. The sitting issue alone should get you into the Support Group, but it's down to you to make your case. If it's any consolation I'm 51 now and although I have developed other problems,meaning I have never been able to go back to work, there is a point of acceptance. That doesn't mean giving in and throwing in the towel, more accepting, you have what you have and I found once I got to that stage, psychologically I was able to move forward, instead of what I had been doing and trying desperatley to carry on as if I wasn't ill and could still do the things I once did. Somehow things seemed better once I had got to this stage and I didn't feel quite so isolated and guilty for not being able to do the things with my children I had once done. I suppose what I'm trying to say is that whilst it can all seem like too much sometimes, you will cope because you have to really. Best of luck and let us know how it goes.

Hi Liverbird. First off why did they say you couldn't have a home visit? Second are you sure there's absolutely no one who can go with you. How are you getting there, if sitting is so painful. How does the morphine affect your abilities to walk and balance safely. Can you see, that unless you are very clear about how you got there and what the journey was like for you, they will have already assumed a lot about you and your abilities before you even get in the door. To try and answer some of your questions which aren't silly, if you don't know, you ask. I think it's highly unlikely you will be able to lie across two chairs. I also think it would be highly unlikely that any assessor would help you up, one they are probably not covered to do so, two the whole point of the exercise is to see what you can do yourself. If your unable to sit I'm very concerned about how you will cope in the waiting room, you could be there for a while. You must not sit there and bear it, make a nuisance of yourself if necessary if it's impossible for you to sit, stand and keep asking when you'll be going in because of the pain you're in. If you don't say anything if you sit there and pretend you're okay, they will have assessed you a shaving been able to travel and sit for long periods. It's really good you've had the foresight to get it recorded. I know they say they can't change it that's probably not strictly true I believe they can alter an appt and give you up to two alternative appts, but anyway it's done now. The recording is a great idea, but if there was anyway you could also covertly record your assessment too not anywhere on your person, as you may have a medical, whilst it's not illegal to record yourself some assessors will ask you to stop recording and if you refuse may terminate the interview. As regards refusing to do things, one good thing about the recording is that if for example you're asked to get on a couch and you cannot do it, then, you say in a good clear voice I'm not able to do that without help because of the pain. It is your function they are looking at. It's up to you if you want to make an attempt, but always state the reason you are not able to do something, the assessors are a little fond of saying patient refused to perform this activity without writing why. I often hear people say always describe your worst day. I often advise people against this because some people's worse day may only happen twice a week. If your situation is there for the majority of the time and if they ask what you can do 'cos that's what they're interested in, then say for the majority of the time I cannot perform that task, because of pain,stiffness breathlessness, whatever it is and do not add anything else. Even if they try and get you to say," so you can do it some of the time" literally repeat what you've said, "for the majority of the time etc etc". Don't worry if 2/7 days you are able it's what is true for the majority of the time, so don't let them push you. I am hoping from what you've described that it will be obvious to the assessor that you are a genuine case and given the obvious pain you're in will keep things brief. I don't know what else to suggest. I realise your GP is away but after you've had your medical and hopefully your Gp has returned he might think it correct to sign one oft these letters basically stating that you should be exempt on the grounds below known as clause 29 and 35. About a third of the way down there are two letter templates. One from you and one from your GP if he considers you fit this description. This would be really good to have ready in case you need to Appeal and could be sent when your Appeal goes back for reconsideration. Also have you got a copy of the Appeal you already won? If so that's also worth sending with any Appeal. http://www.blacktrianglecampaign.org/2012/11/16/important-how-to-gain-exemption-from-dwpatos-fit-for-work-wrag-decisions-by-applying-esa-regulations-29-and-35-new-campaign-by-black-triangle-dpac/ Anyway we're jumping ahead a bit I'm more concrened with how you're going to get there let alone sit there. Hope this has been of some help and doesn't sound too negative. Come back if there's more anyone can do I'm sure others will be along to offer more support.

Stewey, I won't try and pretend that I have any idea of what life is and was like for you, all I can do is hope that you believe that there are people here for you and all you can do, is get as much evidence as possible together, to support your claim, but I think more important than that try and relate your dysabilities to things you know would relate to you getting a job. You could have every diagnosis under the sun but it's how it affects function that's important. For example,in my case I have trouble both sitting and standing, so I say that I would be unable to sit and/or stand at a work station, I then go on to explain that I would have to lie down after having done this for a few times so that after a while I wouldn't be ble to this function at all. My best piece of advice is if you get called to an assessment then do try and take someone with you, it's so much better for you and if you can't have it recorded by them then get your friend relative to do it covertly. You can do this for your own purposes and will be helpful if you need to Appeal. I have just been advised by Atos that they have referred back to DWP saying that there's enough evidence for a face to face assessment to not be necessary. I am presuming that this means they're keeping me in the Support Group. Now I'm certain this was possible because I basically preempted anything they might ask at a Medical by in effect answering it in the ESA50. I realise this requires a lot of organisation and thought and it is incredibly tiring and stressful, it took me 3 weeks to fill the form in, because of the pain in my hands, but it has hopefully been time and pain well spent. Do come back if we can help more, keep your head up and the matter of principle here is you are only claiming what you're entitled to.Best Wishes Stewey.

The great thing is now you're in the Support Group your money will not end after a year it will continue as long as you are in the Support Group and you don't have to do anything, thats the point. Yu can concentrate on trying to get better now and forget the stresses you've been through. You don't need to send sick notes in either, being placed in this group means your disability is accepted and not dependent on Dr's giving fit notes. I know how it feels it's an immense feeling, so enjoy it an dgive yourself a treat you've earned it.

What's worse in this video, is the fact that you can tell that the Instructor isn't feeling good at having to give the answers to the questions she gets from those in the room. She sounds apologetic every time she admits another terrible fact. No wonder she calls the job toxic and the fact that they can salve their consciences by knowing that they never go to the Appeals therefore the claimant never gets to see you again, means they can forget all about the decisions they make. I know they all say we don't make the decisions, the Decision Maker does, but it's very rare that anyone is going to challenge that especially when they are working to targets.

Stewy I thought it would be more helpful if I wrote and told you my experiences.They're a bit long but hopefully they may help you and others on the forum.I know you're not at an Appeal stage and there's nothing to suggest you would have to Appeal, but there's a reason that I want to share that experience with you. I've been unwell since 1997. As time has gone on I have developed new conditions which have meant I've been unable to return to my job as a midwife. I received sick pay and then had to apply for Incapacity Benefit, everything was fine until in 1998 I was called for a medical, being an honest person and in the medical field myself, I thought it would be enough to simply tell the male doctor how difficult it was to do anything and how much pain I was in. That was my mistake, thinking I'd be believed, or rather that I would be challenged. Now I'm not going to make you more anxious what I am going to do is make you aware that you are going to have to play to win. I'm not talking about cheating the system as that's fraud it's simply playing them at their own game.They are looking to save money that's what drives them and they are target driven and when money is given for targets being reached, it's always bad news. I am genuinely unwell, I have documents and results a plenty,that's good but not enough because it's all about the descriptors and about function not your condition. The result of this Assessment was I was told I was no longer entitled to IB. When I asked for the reasons given for that decision, I was as a medical person astounded at the way the truth had been told in such a way to make it difficult to call him an outright liar but he didn't write what I said and added his own assumptions lets leave it at that. One question he asked me was if I could wash my clothes. I explained that my daughters sorted out the colours etc and I used a helping hand to put the clothes in the machine, did the same taking them out and put them around a horse rather than a washing line which I couldn't do. He wrote in his assessment "can do all household chores", whilst still not being able to believe that a doctor would say something like that about something which was so important to me and my wellbeing, I knew I had to fight this terrible injustice. I saw it as an absolute quest to right the wrong. They didn't give you any money during the Appeal phase back then,or if they did no one told me about it, so I had about 4 months of no income, with 3 very young children and a husband working full time on a minimum wage. It was a terrible time and I can remember now the stress it caused I don't know what I'd have done without my parents who helped us out financially. I got the Appeal in quickly and went through every single question, with a fine tooth comb, pointing out where I had said one thing, he'd said another. Well I spent those four months preparing. I was ready for the fight. I went into the room of the Tribunal, I walked out 5 minutes later crying and hugging my husband as the Tribunal found me unfit for work in about 4 mins, I didn't know what to do I was ready for the fight of my life and I didn't need it. They could see immediately this was an injustice and the judge actually told me that regarding the law at that time I should never have been called for a Medical in the first place!! I learnt so much about myself and the experience taught me that it's a them and us situation, again this isn't meant to worry you but don't think they are on your side. I am not suggesting for a moment that they are all like that. In 2011 when i had my change from IB to ESA I went through without a Medical into the Support Group, because I had done my homework, I knew that the ESA50 was one of the most important links in the chain. I know my problems are physical and you have both physical and psychological so things are harder in that you are automatically more vulnerable. Physical illness makes you vulnerable anyway, quite apart from the added concerns of a mental health issue, but I would urge you to do this and see it through. Remember to photocopy all your reports and send the ESA50 by recorded delivery take the advice I gave on the Forum, read each descriptor and answer it as to what happens most of the time, so if you can't do something 5/7 days then you'd definetly answer No to a descriptor but make sure you explain that you have answered no because most days you'd be unable to do that descriptor. It is hard work and time consuming, but better to give too much info now and enable them to possibly make a decision on paper. If you need more help come back and I'll check every day. If you can, photocopy the questions and answers that you gave. I find that it helps when I come to fill in further reports later on. Also I always attach a couple of pages adding what my daily routine is and say how and when I need to stop or I need to do it this way because of pain,tiredness,breathlessness etc, so they can see clearly what your life is like. Oh and I realised I didn't put in the link for the website I mentioned which was the benefits and work site. They do ask for a subscription but it's the best money I've ever spent. They are offering a years subsciption for about £16, I know it's a lot in these times, but I can tell you you won't need to go anywhere else if you use it. They have guides for physical and mental descritors and what to watch out for when filling out the form what to say and what not to say, so I couldn't recommend it more strongly. It keeps you up to date with all the current changes with ESA and DLA and PIP. You feel like someone's actually on your side. Can't write the link in for some reason but it's benefitsandwork, then put www. and co.uk befoe and after. Just remember you haven't had a decision until you hear it from them, so no news is definetly good news at present. You know, if you are entitled to claim this Benefit and that's what you must keep in mind, I see it as a matter of principle and I'm not going to let them win. There are lots of places to feel supported online,. Finally I am not terminally ill so what you were told by the DWP is absolute nonsense and I'm afraid an example of their ignorance very often of what is actually going on. The unofficial figure is 31.3% are placed in the Support Group that was in 2011 following the pilot I believe, that doesn't include those who appealed from other groups and were subsequently put in the Support Group.You certainly don't sound to me like someone who'd be able to carry out regular work, but remember it's not so much the diagnosis and illnesses but how your life is affected by them and your functioning ability. If when you've sent it and if you are called for a medical do let us know. cos there are things to know about this too. Very very last thing when you send your form off, staple a piece of paper asking if you are called to a medical you request it be recorded. guess now it's good luck and try not to get too stressed get indignant and strong Hope this isn't too much info.

No I understand that completely. It would be fine for me to share although it's a bit long!

I've written loads of info on a PM but I can't PM as I don't have enough posts ;( There was lots I thought of that might help you. If you can PM me maybe and give me your email and I can respond to your email if you want, don't give it if you're not happy to give me your email.

I absolutely agree with everyone about going to the Tribunal if you can, apart from anything else you have an opportunity to speak for yourself. My only concern in your case is are you saying that they have said you can't attend unfamiliar places and yet they're saying your okay to work? My only concern is that you will be turning up to an unfamiliar place and if this forms the basis of your argument that you can't work I just wonder how they'd view the fact that you have been able to attend the Tribunal..I really hope you will be able to have someone with you as this will be crucial to your argument. If this is the case then I would try and seek some advice from CAB or Welfare.

I know it may all seem like too much but do apply, you'll find this site a real jewel and has helped many people get what they're entitled to. Remember it's what you're entitled to you're not asking for anything more or less.As humiliating as it can be sometimes there's also purpose in doing what we do for others too. When filling your ESA50 remember that it isn't your diagnosis but how it affects your ability to perform the descriptors that's what's realy important.. If for the majority of the time you cannot perform a descriptor taking into account, reliably, repeatedly and safely, then you should answer "No" to that descriptor even if you can do it part of the time and use the box below to explain why you have answered "No". Obviously diagnosis will help give them supporting evidence as to how your illness may affect your ability to do and so sending any supporting medical evidence at this time will be valuable, however do make sure you send your form back in well within the date you've been given. Make sure any additional pages you use have your Name Address and N.I and try and keep things stapled to the form a list of your repeat meds too. If you are still waiting for evidence and you feel you need to get the form off in the post you can always add a note, that further evidence will be sent. You can send that again with the above on it for identification so they can marry it up with the ESA50. Take heart. They don't always get it wrong, they often get it right but we tend to hear all the horror stories, which whilst very real are not an indication of how you'll be treated. Just be honest and factual and giving a summary of your daily activities ie. a typical day may enable them to make a decision on paper and not have to call you in for a Face to face Assessment.

Hi Thanks. Yes I've tried searching the internet which is why I looked at Forums, the problem is the moment you put in Will, you get everything you don't want and nothing that you do. I agree I don't think I'll be approaching a Solicitor, I'll try the Probate idea first I think, before spending money on a Solicitor.

Wonder what if anything would happen if someone didn't inform a solicitor holding a Will that his wife had died and it's several years later. All assets went to him in the Will anyway, but Probate would not have been applied for, would there be any problems legally? Thanks