incapacity benefit medical

[Gazza112]

Hi All

 

well, went to the Medical yesterday with a person from Mind for support.

I had a nurse access me and asked me loads of questions, showed her all my appointments that i have to attend, but she was not concerned with them. Was in there approx 10 minutes. The person i took from mind was good, but said it was on the border line as the nurse was going by the book. I'll let you know what the outcome of the result when i hear from them.

 

Gaz

[Fenris]

I don't want to put anyone on a downer, but it also depends on who you see on the day. I had my medical last year, answered truthfully when asked questions, then was had my claim turned down. When I appealed, I got a copy of the doctors report, and for every answer I gave as YES, he put down as NO. It was like reading a complete reversal of what I answered. He also concluded in his report that my depression had cleared up there and then and I would not suffer from it again for 2 years! I was in a hell of a state. I was going through a really bad time in my life, and on the day, had the scruffiest clothes on, unshaved and unkempt and looked like I'd been living on the streets, and in the doctors report it said the doctor observed I was very well dressed, clean shaven and very upbeat! It was like he had seen somebody completely different to me.

 

Three appeals later, my condition worsened because of this doctor, and had sick notes and letter from my doctor, but was told after three appeals that the dr said sorry, but followed procedure and i could no longer make any more appeals. Although I had sick notes, letters from my doctor, had been attending counselling sessions, and was on various medication, the doctor completely ignored all these facts and they weren't included in his report. I even put a complaint in about him, said my treatment by him was totally unacceptable, and asked to be examined again by a different doctor, to be told no chance basically.

 

I'm not saying play on it, but when he asks things like, do you have difficulty getting out of bed, instead of saying sometimes, tell him like it's your worse day, like when you feel at the lowest point of your life, as you have depression, you know what this is like. I personally must have got the worse doctor who made a remark I'm "One of those people" who don't like people from foreign countries as soon as he saw all of my tattoos when he took my blood pressure. Told him I was offended by this, and i think that's what sealed my fate with him.

 

All I'm saying is, if you have your claim turned down, appeal, and if you need help, I'm sure there are people on here that can direct you to the right people to help you out. I still suffer from depression to this day, and it's not getting any better, and it makes me sick to think doctors like him can treat people like this, then you no longer have the right to appeal after three times. I had no alternative to claim JSA, even though, technically, I'm not fit for work.

 

Sorry if I've made you feel worried about going now, but it's best to see the other side of what could happen. It's all good to say you'll be fine, it's nothing to worry about, but don't forget, you're going to see a doctor appointed by the DWP, who couldn't care less what's wrong with you. They just want to fill in their questionarre and give their opinion of you, unlike your own GP who is supportive and understanding of what you're going through.

 

My word! This is alomst exactly what happened to me! Coupled with the fact that, when I got the letter from DWP saying I was no longer entitled to IS/IB, there was the report for a complete stranger attached! They couldn't contest it was mine as, the last time I checked, I hadn't had a sudden sex-change into a bloke! Is there any way of getting another medical done? I'm so sick of appealing this decission.

[ukbix]

Best talk to a welfare rights specialist, but you can ask the DWP to reconsider their decision, which if it went in your favour should mean another medical soon enough. Either that or a tribunal, which can keep the medicals at bay for longer.

 

I would recommend complaining to the DWP and ATOS also as it is a serious breach of the data protection act (never mind medical ethics!) to send out someone else's medical report to you.

 

Someone needs a rollocking at ATOS/DWP...

[SussexLady]

I was interested to read Skonk's description of the interview because SAME THING happened to me!

 

Skonk said: "When I appealed, I got a copy of the doctors report, and for every answer I gave as YES, he put down as NO. It was like reading a complete reversal of what I answered."

 

I am thinking now that the govt has told them that they have to get x number of people off IB and they are just choosing some of us at random and ending our benefit.

[ukbix]

The government did set a target - 1 million of Incapacity benefit,the new ESA system was introduced in order to reach that target.

The dwp know and admit not everyone who passed on IB will pass the ESA test.

 

As for ATOS reports for incapacity benefit, its happens to often - that they come back full of untruthes, where either through incompetence, design or corruption the report does not state the evidence as it was presented.

 

The DWP convieniently do no keep statistics that would show just how often medicals are overturned at appeal, or at the reconsideration stage.

 

I would suggest that everyone who gets a report from ATOS that they believe to be full of untruthes, with the opposite of what you told the examiner marked down, or things ommited/made up that you complain not just to the DWP, but ATOS, and your local MP - the press even if you feel willing to do so.

 

Its the only way this appalling behaviour will ever be stopped, if it is brought to the attention of the right people, enough times.

 

Not that the DWP dont already know the state of play, its not like organisations have not complained, the tribunal service has not complained, claimaints have not complained, over the course of many years.......

[SussexLady]

There you go then. I just became one of those chosen at random.

 

I'm going to fight this, I have to fight it, I've been left with no income for six months, something that in my 26 yrs of paying tax and ni, never thought could happen to a British citizen!

 

I wish I could go to my MP but to tell you the truth I know him personally and I do not want him to know that I am (trying to be) on benefits.

 

Sorry I don't know what ATOS is.

[EYEBALLS01]

Your MP is your best bet. I know you may be embarrassed but if the DWP get an MPs file they will be expected to reply within a time limit. Don`t give up and become one of their random victims!

Atos is the private company making buckets of money from the taxpayer which could go toward benefits. They carry out the medical assessments which are attracting much criticism. Good luck

Good luck

[SussexLady]

thanks eyeballs and ukbix

[ukbix]

There you go then. I just became one of those chosen at random.

 

I'm going to fight this, I have to fight it, I've been left with no income for six months, something that in my 26 yrs of paying tax and ni, never thought could happen to a British citizen!

 

I wish I could go to my MP but to tell you the truth I know him personally and I do not want him to know that I am (trying to be) on benefits.

 

Sorry I don't know what ATOS is.

 

I have to appeal multiple times now, each time due to ATOS.

 

As for the MP, it may be embarassing, but I doubt he would be bothered, everyone hits times they need support, being a claimaint is not the end of the world, if he knows you he should know you are a genuine claimaint, in fact - that fact may bring home to him how serious the problem is with the medicals, and how people really are being treated in a disgusting manner - it may enough for him to stand up and start asking some serious questions in parliament.

[Like-Im-Being-Ripped-Off]

I have to appeal multiple times now, each time due to ATOS.

 

Hi Ukbix.

how long doe's this appeal process take to get your money again.

how many meds have you had in what period 1 or to or more years, i had my last one 4 years ago at brighton and my next reveiw is march 2011. not looking foreward to all this hassle.

the thing is with my my injury is there for all to see i had a metal rod go through my foot it has done my nerve endings and back.

Edited August 11, 2009 by Like-Im-Being-Ripped-Off

[ukbix]

Hi, its always for me been usually around 6 months before you actually get to the appeal hearing. Then the dwp can drag it out for a month or two, before they pay it all back.

My meds have been pretty much the same for the last few years, each time I see a ATOS examiner I get a report back that has many things ommited, or the opposite of what I told them. At appeal so far the doc has listened, and not acted like the examiner at the medical. However, its probably only a matter of time before I get a bad doc at appeal, and have to fight that decision...... Fingers crossed that never happens though.

[Like-Im-Being-Ripped-Off]

Cheers Ukbix.

How the hell are you suppose to live. 6months no money.

See mine is pysicial thing is with my injury is there for all to see i had a metal rod go through my foot and you can see a big lump were its gone through it has done my nerve endings and back.

[ukbix]

You can get some money, you should be able to claim reduced rate income support (income support minus 20 percent), or jobseekers, or ESA, but best to speak to a welfare rights advisor for personal advice on which is best for your circumstances.

 

I usually struggle through, and end up with loads of bank charges etc, have to cut back on the heating, food, basic essentials etc in order to survive usually. We try to put extra on the gas/electric etc when we get our money paid back after appeal, so we have a bit of a buffer for the next time it happens, but its never easy.

 

I hate to think what would happen if I ever lost a appeal, and had to appeal the appeal, some people have had cases run on for about a decade.. That would destroy me completely......

[Like-Im-Being-Ripped-Off]

have to cut back on the heating, food, basic essentials etc in order to survive usually. We try to put extra on the gas/electric etc when we get our money paid back after appeal, so we have a bit of a buffer for the next time it happens, but its never easy.

 

Hi Ukbix

and thanks.

 

God forbid it dont happen to me its hard now let alone less money to live on....how long this ATOS lot been doing meds, my last med was 4 years ago next review 2011 touch wood i have not had to apeal yet.

t

Edited August 11, 2009 by Like-Im-Being-Ripped-Off

[Fenris]

I contacted my MP over the appeals thing. The JC in Norwich stopped my benefit completely in August 08. They didn't tell me I was entitled to the reduced rate, despite my sending them several letters asking how the hell I supposed to survive on thin air! My MP wrote one letter and 5 days later I had a backdated cheque in my hands! I was four months without money before I thought of getting my MP involved but I'm so glad I did.

 

I never thought of contacting him regarding the doctors report though. When I saw the lady from Law For All today she said I should have asked for another medical. Well, technically I did; I wrote to JC Norwich saying I wasn't happy about it and I included a 7 page list of what I diagreed with. They wrote back saying I'd offered no proof! What did they want? A HD video of me cutting a train-track design into my arm?

 

Anyway, now it's been mentioned I'll get back in touch with the MP and see if he can advise me what to do before the next tribunal date in September.

 

Thanks for the info chaps!

[ukbix]

Good luck with the appeal.

 

I had to contact the incap benefit people to ask about an appeal recently, they told me the correct info, unlike the last time when I asked at the jobcentre...

 

Waiting for copy of full medical report, and have to see an advisor about my case, and will have to put in another appeal.

 

And after the appeal, I can lodge my complaint against atos, seeing as I recorded the medical....

[skonk]

I wish I had known about this site when I was taken off IB. After the three appeals, being told I could no longer appeal knocked every bit of confidence out of me. I'm now in the situation where I am still on medication for depression, which became worse after losing my first appeal, and was written in a letter of my appeal, but was ignored. Now I have to sign on every two weeks and state I am fit and able for work, when I know I am not.

 

I put in my appeal letter that i was happy to have another medical with another doctor, but was turned down. I totally advise anyone who has been turned down to have a read of these pages, take note of what people suggest and don't give in.

[Joshd]

Hi everyone concerned about the incapacity benefit medical. My personal experience was a nightmare! I had been claiming jsa for about 8months and as I am slightly disabled, I received around about 25pounds extra per week on top of the jsa allowance. In December 2008 my so called advisor told me that if I was to change my claim from jsa to the newly introduced esa my benefits would not be affected. What a load of rubbish! 2 weeks before xmas my disability component was taken away which meant I lost 25pounds per week. The assessment phase was supposed to take approxiamately 13 weeks. During the 13 weeks I was supposed to get extra help to obtain suitable employment. This never happened and eventually I had to contact Atos myself to arrange a medical. I got a date which they changed the next day because they'd over booked. The medical went okay, I told the truth, I said that I was not so disabled that I couldn't do some sort of work as long as it was of a not too physical nature. 2 days later I received the report through the post, I noticed one mistake on it, but as the rest was favourable to my case I said nothing. I eventually got awarded esa and my 25pounds per week disability component was added. The whole esa scheme is designed to frustrate and annoy claimants. It is solely a cost cutting exercise by this government at the expense of the most vulnerable in society. I have achieved nothing by claiming esa, basically I lost about 300 pounds simply because an advisor told me there would be no change in the level of my benefit. Turned out to be a load of lies, as a result I am behind with water, gas, electric etc and struggling to cope. I would advise everybody not to make the same mistake as I have. Apparently the new esa benefit is awarded on a yearly basis, so may have to go through it all again next march. Be careful guys!

[patrickq1]

i think you need to go and see an independant benifits advisor to claim back the lost monies that you were perfectly entitled to ,and make a complaint against the wrongfull advice given by this office

[Joshd]

Thanks for comments Patrickq 1. I have complained to my local jobcentre, involved my local MP etc. I eventually got the email address of Jonathan Shaw MP for disabled people and I have been complaining for weeks now about the treatment I received from his department. I ended up receiving letters which consisted mainly of rules etc,(the standard response by these depts). Nothing constructive, and my concerns were not addressed. Jonathan Shaw doesn't actually do anything, he passes concerns to others to deal with. My local jobcentre to be fair, sent a request on my behalf to the depts Inverness office who apparently have the discretion of awarding a Special Payment to claimants who they believe have been wrongly advised. Surprise, surprise Inverness office refused my claim even though it was asked for by my local jobcentre. There is no appeal against their decision. The system is stacked against the claimant, I have heard a rumour that the government intend to make further cuts at the expense of the most vulnerable in society. I wish I was able to take a job, my condition limits my search and the present recession doesn't help. I would suggest people in the same position should contact their local MP and gain their support. I will post the email address of JS MP for all who need it. Just emailing the dept may give them something to think about. I also have names of people and address of the Inverness office if required. Might help other peoples cases if they bombarded the dept with mail. Good luck all.