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  1. I received a letter last week from Atos telling me that I will need a medical to discuss any entitlement I might be able to claim (fine). It has taken them almost 11 months to tell me that, but to add further delay they say it will be at least a further 26 weeks before I will be called for a medical.
  2. I applied for PIP last November. In July I had a call from ATOS offering me a medical at a centre over 70 miles away, so a round trip of over 150 miles. I explained I could not do this as I cannot get there, and I have been reading that not all transport costs ie taxis are being covered (not that I could travel that far alone with a stranger). The lady said she was sorry, and I would go back on the list. I have since been reading if you turn down an offer you go back to the bottom of the list or do not hear from them again. Apparently they seem to be making it difficult for people to attend, a, because they do not have the centres and staff, and b, in the hope you do not attend. Also if you ring them they tell you there is nothing they can do, and advise you just wait. Does anyone know if this is all true.
  3. when complaining to the g.m.c or ombudsman you are required to give permission for your medical records to be available. so it is very important these records are correct. you have a right to see any records ( without charge ) held by the n.h.s which are all available at your g.p. practice. you may also request photocopies so you may read them at home at your leisure ( there will be a charge for this ) if like me you have found errors in your records you must write or better email the practice manager and ask for for them to be corrected immediately, this could be the difference between your complaint being taken seriously and your complaint being cast aside. THE PRACTICE MANAGER KNOWS THIS
  4. Abdel

    Medical Negligence

    Dear Caggers, Last year went for a simple operation on my salivary gland at St George's hospital, London which was meant to be a one night stay job. I ended up being in the hospital for nearly 3 weeks two weeks of which in an induced coma. The reason being that whilst operating inside my mouth some damage was cause to the underside of my tongue which swelled up and necessitated my return to operating theatre for a second time to repair my tongue. Then i needed to have a third operation to have a tracheostomy (neck) done to allow them to ventilate me through it. The experience was horrendous in terms of the psychological effect. I still suffer from this and feel it has marked me forever. I suffer from depression now. i was pumped full of all kinds of strong pain killers. yet no one mentioned anything to me in hospital abut the psychological effects or what had happenned. its only when i saw the surgeon in outpatient some weeks later, he explained that it was possible that they had hurt my tongue with a tool that they normally use to cauterise small veins or stop bleeding with. i have spent 3 months sick from work recovering from this and still have numbness in my tongue as well as being marked psychologically with depression. many thanks for reading. Any advice would be much appreciated
  5. Hi. I just have a question regarding ESA. My husband had spinal surgery in October and has been on ESA since the end of September. He has received a letter saying he has to attend a medical on the 13th February but thats the day he is due back to work and all being well he will go back that day. Do I ring and tell them that he is back to work that day and they should cancel the appointment for the medical? Many Thanks
  6. hy i wonder if anyone can help , I went for my atos medical today , they were a hour behind ?? , when i eventually got to see the examiner , he said as you have a few medical conditions i will do one at a time . my first was I have bile acid malabsorption , he asked me how it affects me , how often i go to toilet , how many accidents a day/night i have , he punched this into the computer , than after 2 mins , left the room saying he would only be a minute , he came back in and said ok you can go , my last medical took a hour and a half , this one 5 minutes , he did not ask me about any other health problems. I am totally confused as to why he did not ask about any of my other disabilities , can anyone help
  7. Hi, Me and my wife have been on ESA(joint claim) for roughly 4 years, it's been for stress and anxiety which we have both tried to deal with. We've asked doctors for help, and received nothing but referrals which took ages to happen, but eventually both have received medication and various types of therapy. Unfortunately, during these years other problems have also cropped up. I myself suffer from chronic migraines, I get 3-4 a month that completely put me out of action for a day or 2, and have headaches that impair my regular daily function at least 2-3 times a week, which I can just about manage with medication. However, 5-6 times a year I do have 'super migraines' which cause me to black out. I don't pass out, my body carries on, but I don't remember anything and just get little flash backs to remember what I do. Which, as my wife tells me, is always the same. I basically lie on the floor screaming in pain for hours until I end up in hospital for 2-3 days. I've been like this for just over 3 years, stress seems to be a big part of the cause of all these attacks. I'm currently doing some volunteer work 2 days a week at a charity shop, hopefully working towards being assistant manager (job I've done before, and honestly I find it calming more than stressful) but I need to be able to be flexible on my days because the attacks are random so I may need 3 days off when I should be there for 2 of them. Which is why full time work is a definite no right now, obviously though it needs to be 24 hours to be entitled to Working Tax Credits, otherwise we'd not be able to make enough to make sense signing off, the Job Centre have made me turn down 2 jobs for this reason last year My wife does not have the migraine issues, but she does suffer anxiety and stress a lot more than me. She also has asthma, osteoarthritis, and had an operation on her knee which did more harm than good and has left her unable to walk long distances, and really unable to walk small ones either without medication and a lot of bed rest following it. One of the days I work (wednesday) is a day my son is at nursery too, and I chose that day purely so it was a day she could just spend all day in bed without worrying about anything, to make sure she had some pain relief in case we wanted to go to the park for a bit on the Thursday when we're all home. Her anxiety stops her working with people, and even prior to the incident that caused us both to suffer with it more extremely, she was already diagnosed with social anxiety and worked on her own as a key holder cleaner, something she can no longer do because of her knee (no manual labour was the doctors orders) 2 times we've been called to ATOS, both times my wife (main claimant) scored the customary 0 points. 2 times we went to appeal, and 2 times we won (one took 13 months, one took 9). When we received our paper work, we score 21 points for the first failure, and 27 for the second one, almost all were related to mental illness, with a few due to the physical issues my wife now had. last week, we got told ATOS want to see us again on March 1st. My wife is in a state, she does not handle stress well obviously, and she's constantly crying and worried. Not only because of the appointment, but also because of how to deal with it. She's scared of saying certain things because we have a young son (4 Years old in May), and worried that being honest about the amount of help she requires from me, and how much she struggles from time to time might make them think she is unfit as a mother, despite our son being in perfect health. I've tried to calm her on this, but it's not working and she's not booked in to see her therapist again, and is taking tramadol at night (partly for her pain, but also because they knock her out so she can sleep) to get any rest Our biggest worry is the change in how claims are handled now if you appeal, because we don't know the full information on it, we just know that we cant appeal and get ESA back right away (with doctors notes), and that JSA would be the way to go, but it offers lower rates. Our main issue here is that due to stress, anxiety, migraines, issues with mobility, etc. When it comes to leaving the house, we rely on transport, be it public or via taxi. Taxi is usually the option as the bus is quite far from us, and my wifes anxiety causes panic attacks on buses (manages ok if the bus is empty though) but I use the bus if I go out on my own, or preferably I walk. But we do spend quite a bit on public transport, other than that though we have no luxuries. Internet/Phone/TV is a low package, which we only have because it's the main way we keep in touch with friends due to issues with going out. We have no mobile phones, except really old PAYG ones with no credit unless absolutely needed, and we have debts from losing our home when we first had to go on ESA, and the house was sold for less than the value we owed on it. So that is being paid off. At the end of each fortnight, after bills, food and everything else we have little more than about £5-£10 to our name which we use if we need to go somewhere unexpected (trips to hospital as my son has asthma too, and has had a few times when he has needed to go due to trouble breathing) Obviously, if we lose our ESA, and have to go on a lower rate, we're really going to struggle. We already have some bills we're slightly behind on, so have to occasionally shift stuff around to do double payments, but it's really hard. We've gone through debt advice, and how we are now is what's best and what honestly works for us. It's a bit sad that we can't go out nice places (unless a lovely friend or family members takes us and pays for everything), but for the most part we can't really cope with it anyway. So we're ok with that. Our other worry about being switched over to JSA, is our housing benefit and council tax benefit. Sorting these out before took our local DWP office 3 months. Which lead to us nearly being kicked out of the home, because housing agency didn't think we were really entitled to the benefit, we actually had to take a member of their staff to the job centre to get proof that we were and that the DWP offices were being unreasonably slow to respond about it. With the issues we've had before, the two previous (incorrect) assessment fails, the money worries and the stress of switching over we're both really panicked at the moment. Obviously, we're hiding it from our son, trying to be nothing but upbeat when he isn't at nursery, but when he goes bed, or goes to nursery, the curtains drop and we both get back to worrying, I've broken out in a rash and my wife as I mentioned is constantly crying. I'm sorry this has been long winded, not wanted to miss anything out. But we really need some sort of advice on what to do with ATOS, how should we handle an assessment by people who have falsely failed us twice before... what's best for us to do if we do fail? what is the procedure? and how long will be in limbo? It's all stuff we can't answer ourselves, and stuff that's terrifying us right now... perhaps it's silly, but it really is bothering us.
  8. Can anybody clarify whether any of the following incidents would be seen as medical negligence and can any claims be made if they are? Had an annual check up in a specialist centre, reported to the doctor that some palpitations had occurred. He noted only one occurrence but there was one long one and several shorter occurrences which he was told about. Information was only partially recorded Had a 24 hour monitor but didn't receive results so thought everything was OK. Regular annual check 12 months later and was taken straight into hospital as an emergency but there was no record on the notes of any monitor or any results. The results had been lost and only added to the notes after a second urgent hospital admission for the same thing which was over 12 months after the test had been done. Discharged after the first in patient experience and sent a follow up appointment but was sent to see the wrong consultant who had nothing to do with the problem so a complaint was made through PALS. They were difficult to contact at times. They promised a final response within the timeframe but it was received 2 months later and was just full of apologies and promises that procedures would change. Surgery is necessary but this could have been done over 12 months ago if the notes had been properly written up and no idea whether this delay has caused any more damage. Do patients who have long term problems and who need procedures have any right to any sort of claim for the stress and distress caused by bungling doctors and admin staff? Any information would be appreciated
  9. Medical Emergency Information Template This has been designed for you to complete and once finished place the completed for into a clear container then place the container inside your refrigerator. Please remember to regularly update the form if you use it. Medical Emergency Information.pdf Before Printing the PDF TIP If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following: Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out). Note: This will save you Ink & Paper
  10. Have just won my ESA tribunal, but aware that this is going to be a long-term rollercoaster ride, so preparing ahead for the inevitable ESA50 arrival some time soon. Am due to move from London up to South Yorkshire beginning of August. Am a bit nervous, as have a wonderful relationship with my current GP, and have been his patient for many years. I am worried about the impending change to a new GP, and how this will effect my ESA in the future. It's worrying the thought of going from somebody who knows me inside out, to somebody who knows nothing at all about my medical problems. What's the best way of ensuring my new GP is fully aware of the medical issues that I have ? Do I need to provide medical letters and notes from my current GP ? or will this be done automatically ? I am also in the process of getting copies of all my Hospital notes, X-Rays and MRI scans but do I need them all, as are very extensive ? Should I keep them relevant to the date I initially claimed my ESA from ? I managed to win my Tribunal without any hospital/consultant info, purely on a GP letter, but need to be prepared in case new GP is not as understanding. Would it be worth me paying £20 and asking my GP to write a letter outlining my condition ? So nervous about this move, purely because of how much of a star my GP has been.
  11. I suffer a neurological condition for many years. I joined my current employer a little over a year ago, a change of job and on less hours, hoping that this would improve my condition (I previously did a 40 hour week). However, it has actually got worse and been diagnosed as a chronic condition. 6 months ago, I had to take 4 weeks off because of this. I had a phased return (but no other adjustments) but the condition quickly returned and I have been off for 3 months. In this time, I have been prescribed different medications which had severe (and known) side effects that also made me unfit for work. The condition is still not under control, but starting to improve having changed the tablets again. My GP told me that I have to be patient, as its trial and error to find something that works without intolerable side effects. My neurologist wants me to have tried the options for at least 3 months before the efficacy can be judged. I think that I would be covered by the DDA, but have not actually got anything in writing. My employers requested a report from my GP in March but he has not done it yet and is now on holiday. I cannot get an appointment to see him for 2 weeks. I have no idea what reasonable adjustments can be put in place, but have arranged to see someone from "Fit for Work" to identify these– again this wont happen for 2 weeks. In the meantime my current Fit Note will run out. I have to see a locum doctor about this as my GP is away. I'm worried about the (probably inevitable) disciplinary process the longer I am away. Should I go back without any support in place, or do I have to wait until my GP has done his report and I have seen the Fit for Work people? Do Reasonable Adjustments have to be proposed by my GP? When I saw him last, he said that there were none that he could suggest, until I had adjusted to medication and got it under control. I fear going straight back to a very fast-paced environment and having a major relapse within days. I have kept my employers informed at every stage, but have had no contact from them, other than an acknowledgement. Understandably they are becoming agitated at the lack of GP report, but this is out of my control. There is no union or other representation in my workplace. I am only in receipt of SSP – my company sick pay ran out several months back. Any advice would be appreciated.
  12. Just been for an atos wca, never felt more embarrassed in all my life my health problems are:- depression, chronic phobic anxiety, and agoraphobia. I put this on my esa50 form my brother drove me and my mum to my appointment, sat in waiting room, panicking and anxious for about 15 minutes over my appointment time, before i finally got seen, by a HCP (male aged roughly 30) After I had sat down and he started his assessment, he said he would start with my gynaecology problems, (menorrhagia) ( i assume my dr had it on my health report they sent them) He wanted to know the in's and out of this problem, I was so embarrassed, have tried finding out on the internet if this has any influence on my assessment, but to no avail was hoping if anyone on here would know, if it would not why would they even mention it in the assessment thanks
  13. I was due my ESA medical a few days ago - as medicals are on hold for the moment I am assuming they are going to leave me in the WRAG group (I have heard nothing to say otherwise.) If I had attend the medical and presuming I passed and was left in WRAG I was going to appeal it. So not having had a medical how do I go about that. Do I get the GL24 form from my JC fill it in with a covering letter and send off. Will my money still be stopped, even though I am not strictly appealing a recent medical.
  14. Hi I`m new to this forum and a novice with computers in general. My problem is I failed my atos medical and I am not sure what to do next. In January I had to cope with some difficult problems which left me very stressed and anxious and eventually feeling depressed. It took several visits to my doctor to get some help from counceling. I have had 4 cbt sessions so far and don`t know if this self help thing is working for me. I received 0 points for my medical, the whole experience was very stressful and on hind sight I felt like she put words in my mouth and prompted me to agree with what she was saying, hence the 0 points. When I got the result this morning I have not stopped crying, I can`t imagine having to go the job centre never mind actually working at the moment. I get very stressed and anxious just thinking about going to my cbt sessions. Should I appeal this decision and how do you go about it. I would appreciate any advice from anyone as I don`t have anyone I can talk to.
  15. Hi, don't know if I'm in the right forum but I could do with some advice on exactly debt collectors can ask you for. I defaulted on a store card (I think) a few years back and have been paying an agreed amount monthly to Mackenzie Hall. A week ago I received a letter from 1st Credit stating that they had recalled the debt and ordered Mackenzie Hall not to collect it anymore. They asked me to ring them to arrange repayment. Due to mental health problems and other health problems I emailed them telling them that I don't talk to collection agencies over the phone due to my health and that I would continue to pay the monthly agreed amount as I had done with Mackenzie Hall. I received a email back today asking if I would send medical evidence to back up my claims and that they'll deal with it from there. Sorry if this is long winded, but I just wanted to know what my rights are, do I have to send medical evidence, as this is not going to change how much I can pay each month. Thanks for reading any help would be much appreciated.
  16. I have an ESA50 Medical Questionnaire to send back, I also now noticed you can download one online which is a PDF version. Would it be best to fill the form they sent me or do it on the computer and print it off? Has anyone ever printed off this form and sent it? and would it be accepted?
  17. Hi, I recently had may my ATOS medical and suffering from severe depression and anxiety amongst other related issues the whole thing has made me feel rather ill. The worst bit being I felt the person that assessed me didn't seem particularly interested in anything I said and when I did say something they just kept twisting everything and kept asking the same things over and over again I think attempting to put words in my mouth or somehow make it look like I was lieing. I felt sick when I left and still feel ill now. I wanted to see what had been written about me as I fear it won't be the truth and worry what it might say. I saw in the ESA medical leaflet that you can call the office dealing with your claim and request a copy of your report so I summoned up the courage to do that but I just got this rather abrupt lady that said that I couldn't request it over the phone and that I had to write a letter to get it. She didn't say how long it would take to get it if I did write in for it. All I remember is the assessor told the person that went with me to my medical that the decison would take about a month and a half. I don't know how I could handle having this hanging over me for so long. Has anyone else managed to get a copy of their report or do you have to wait a month and a half for another dreaded brown envelope to drop through the letter box?
  18. I want tips for getting jobs, rather than just not being sanctioned. Th WP Advisors are not much help, more of a hindrance. Mistake: this should have gone in the Employment Forum. Bad night's sleep problems.
  19. I just got a new job working in a coffee shop, and they gave me a load of forms and things to fill in. One of them was a medical questionaire that seemed very invasive and asked loads of personal questions, with no statement of any sort of confidentiality protocalls and a warning that if you were found to have lied on the form you would be fired for gross misconduct. The questions included one asking if you had been to the doctor in the last year and what it was for, what medication you're taking and what it's for, and whether you had ever taken time off work for mental health issues or emotional problems. I understand that they would need to know if there were any issues that would mean you couldn't do your job properly, but this seemed really over the top and unecessary. There are plenty of medical issues that you might not want your boss/work collegues to know about and that have zero impact on your work. An extra thing for me is that I'm transgender, I take testosterone and I've had a couple of surgeries as part of my treatment in the last couple of years. This is information that the form was forcing me to state. I'm generally quite open about it but I don't want the control of who I out myself to taken away from me, and it feels very invasive of them to ask for this. I also feel that if I was indeed suffering from a mental health condition of some kind the form would freak me out and make me feel very unsafe there, despite anti-discrimination laws. I've spoken to a few of my friends about this and they all say it sounds very strange and isn't something they've come across before, including friends who've worked in recrutment. I'm not planning on having the job for very long (though I may end up doing it for a while dependant on circumstances), so ideally I would wait untill I wasn't doing it any more to make any sort of challenge. Does anyone know the legal status of this? How much medical information can an employer make you give them?
  20. I have kept putting off filling in my ESA 50 form, I had a month to do it and now it's near the time I need to send it. But over the past few days I've been looking up things and a lot of people are saying you need to send medical evidence with the ESA50 form, even though they say it isn't mandatory. It has to be there by the 5th December, so I need to send it soon. I phoned my doctor and the secretary said that ATOS / DWP would get in touch with them if they needed evidence, but I said that sometimes they don't seem to do this. She said she would see my gp about writing me a letter, and that she would phone back today...which she hasn't done yet so seems unlikely. I'm not sure if I should send the form off now to make sure it gets there, or wait to try and get a letter. Or would it be possible to arrange with ATOS to send the medical evidence after I have sent the ESA50? And would I need to state that on the form? Getting a bit stressed over this and really would like to avoid having to go to an assessment.
  21. Hi, I recently had my ESA medical in April this year from the move from Incapacity Benefit to ESA, I was put in the Support Group due to "Severe functional disability" and was advised to apply for PIP, The form for PIP was sent Monday and today i have just received another letter for an ATOS assessment for PIP, I'm sure i read somewhere that it was the same assessment, I included my ESA85 medical report with the PIP claim form but looks like the didn't look at it They also gave me an appointment 30 miles away when the ATOS centre is just 5 min from my home, I rang up as it would be to much of a struggle and they have moved my appointment to my local centre. Has anyone got any info on the PIP assessment compared to the ESA, I'm starting to get stressed all over again.
  22. Hello, For the past few years I have been repaying a small unsecured loan to Northern Rock, with a token gesture payment of varying amounts owing to being in receipt of Employment Support Allowance as I am suffering from multiple health problems. As you're probably aware N Rock have passed several of their debts over to a company called Marlin Financial Services, mine included. While Marlin have agreed that I may continue to pay the same rate per month that I was paying N Rock, they have requested that I produce medical evidence to support my claim that I'm actually unwell. I do have written proof but I don't see why I should send it to them, they aren't after all in the medical or legal profession. My question therefore is would I be within my rights to deny their request for medical evidence? Many thanks for reading.
  23. I have a serious autoimmune condition that was diagnosed in 1993, I carried on working until 1999 until my employers understandably terminated my contract due to ill health... I had spent more time off ill in those years than at work. I tried to temp as did not want to be living on benefit but in the end I could not even manage that so applied for Incapacity Benefit and have been on it ever since. I get the higher age allowance. In the intervening years whilst not working my condition has deteriorated and I have developed other conditions. Each time DWP did a reassessment I always had enough points. In May I got the dreaded call that I was to be reassessed for ESA and it would take 10 weeks, well I sat waiting to be called for a medical but no calls/ letters came, then finally I got a telephone call this afternoon from DWP. The lady told me that I would be transferred onto ESA at my current higher rate (is that correct ?) but I had been placed in the WRAG and the transfer would happen on 19 October. How can they put me in this group ? I had supporting evidence of how serious my illness was and how incapable I was, I had a supporting letter from my GP and a record of the 36 medical appts I had in one year, details of how the illness effected me, I thought they at least would want to take a look at me before making this decision. Every part of my body is effected and it takes an exercise of military style precision to get me ready to leave the house. I told her I would be appealing so she told me that everything would be sent in the post and I only had a month from TODAY to appeal ! How can I do that when they had not even posted my letter and she even told me that they don't use First Class post. She then moved on to tell me that I now would be expected to attend an interview at my Job Centre, I told her that would be difficult as I had recently had a blackout and collapsed in the street and had broken bones and sprained ankles on BOTH legs so was having great difficulty in walking, she did put that on my notes, so you never know they may postpone my call up for a while. She also mentioned that my case would be reviewed by another assessor prior to appeal and could be overturned then with any further information I provided. My questions are, firstly the information that she gave me, is it correct as I have heard that they can give out incorrect information ? What further information can I give them as I thought I had covered all bases ? Will my payments remain at the higher rate ? And what chance do I have of having it overturned without going to the full appeal ? I have read so many posts, everyone's experience/ circumstances are different, but I am hoping someone has had a similar experience as mine and any help/ advice would be appreciated as I am conscious of the clock ticking, one month and I have nothing to work with. Many thanks for taking the time to read this.
  24. Hi, I'm new to the forum, but have been reading a few posts on here and finally decided to see if anyone can help me with the issue I am facing right now. I attended my second ATOS medical last year after winning my last appeal, knowing that I'd done everything I could, I knew (like the time before) that the person assessing my illness had it in for me from the start of the interview. She hardly spoke to me, never looked at me and didn't pay attention to the fact that I was shaking within the interview. Needless to say, I appealed the decision like I did the last time and knew that it was going to be a long wait. Oh, this was just before Christmas as well. So I had no money whatsoever over the Christmas period and had to wait roughly six or so weeks to receive something after they had processed my appeal. Anyway onto my appeal, I waited and waited for a letter to arrive to tell me when my hearing was going to be, even phoning them a couple of times to ask if they had any idea of when I should hear something back. I was fobbed off continuously and told that it could take anything up to a year, I already knew this from before. So I waited for a letter to arrive, fast forward a couple of weeks or so since I phoned them to ask when my appeal was going to be and I receive three of the notorious brown envelopes in the post. I open them to find out that not only has my tribunal been heard without me knowing, they have stopped my benefits, which I rely on by being unwell. I hadn't received any letters from them regarding my tribunal, so I had absolutely NO idea when the tribunal was taking place. I did receive some help filling in some papers after my money was stopped before Christmas, so the people who helped me received copies of the letters for the tribunal, but I hadn't seen any of these letters that they had filed when I saw them yesterday to discuss why my benefits had been cancelled. The first time I saw said letters were when the worker pulled them from their file. I was shocked. Does anyone have any ideas on what I could do please? As you can understand, I am desperate right now, I have no money whatsoever and bills to pay through having hardly any funds for months. I've been in tears for most of the day.
  25. I have got my medical on Friday,second attempt.rang up Atos and medical centre ,groundfloor and recording ,my wife is coming in with me , any advise ? thanks
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