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kingkarl1967

ATOS medical appeal please help

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Hi Chaps

 

I was on income support up until 4th Jan 2010 and then had a letter telling me I had not being awarded enough points in a ATOS examination which took place on 14th Dec 09.

I am brutally honest when I saw I am suffering from severe depression and anxiety and still to this day on tablets with my GP for my condition.

I had to sign on to JSA from the 5th Jan 2010 and actively seek work despite being ill and cannot concentrate on normal day to day activities.

The examination lasted no more than 15 mins and I was asked a serious of questions that did not even have any connection to my illness , ie can i dress myself and cook for myself , can I walk downstairs and watch the tv and read , can I bend at the kness etc etc.

I told the examiner I was not happy with the questions being asked as they did not relate to my illness in any way whatsoever.

His reply was he was not interested in my past condition and was only basing his examination on how I felt that day , I abruptly stopped him and asked how he could judge a case of severe depression on those questions and how I felt for just that day.

I reminded him I have been fighting my condition with help from my GP for over a 18 months and depression is a very serious illness with good days and nightmare days , since the death of my father in late 2007 , this along with mortgage worries and other creditors as not helped my case.

I have written to OTIS Origin to complain and also wrote an appeal letter to the DWP saying I am not happy in the least.

The medical examination was a rapid fire set of questions from a pre loaded computer program and this seems to be the case for everyone despite what condition they may be suffering from.

Since going onto JSA I receive £257.20 a month and I have to pay £173.94 to my mortgage to top up the interest payments which you can imagine trying to live on £80 a month is nigh on impossible , its a struggle even to keep up my utility bills never mind food costs , house insurance ,tv licence etc etc

Any ideas how to proceed as its only a matter of time before my health worsens as I cant even afford to eat correctly these days.

 

Thanks for reading and hope you can help me overturn the decision with your advice.:Cry:

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I feel for you, a lot of people are finding this happen to them, some good advice will follow.

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can you go onto ESA? that's what me and other half are on, she has same condition as you. on that, if you fail the medical i believe they keep paying you so long as you instantly lodge an appeal. my partner has to post off her sick notes to keep getting the benefit

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its my understanding that you cannot be actively looking for work if your gp has signed you off sick......

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John 333, if the ATOS medical has found him fit for work JSA have to accept him whether he has been signed off or not. KingKarl I suggest you get your Appeal in asap. Get some advice from CAB

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Yes I have already sent my letter of appeal in to Chester and a letter of complaint to Otis Origin.

I am not in the right frame of mind to be seeking work on JSA but my option was go on JSA for £64.30 week or appeal and only get income support at a far less amount think it was £12.85 a week , what a joke.

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chips, i defer to your knowledge, but how bad is that if the GP says unfit for work but the chimps at atos say get on with it???

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chips, i defer to your knowledge, but how bad is that if the GP says unfit for work but the chimps at atos say get on with it???

 

 

When you make a claim for ESA you agree to a declaration which states that

 

"You agree to your doctor, or any doctor treating you, being informed about the Secretary of State’s determination on your limited capability for work. "

 

Which in laymans terms means you agree to Atos overruling your Doctors decision

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That depends if the ATOS 'doctor' actually IS a doctor.

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When you make a claim for ESA you agree to a declaration which states that

 

"You agree to your doctor, or any doctor treating you, being informed about the Secretary of State’s determination on your limited capability for work. "

 

Which in laymans terms means you agree to Atos overruling your Doctors decision

 

Apols Nick, I just want to be a bit pedantic here. I have no objection to my GP being informed by the Secretary of State what they have determined my capability for work is. My GP is my medical professional who understands my needs and understands my condition. Advising treatment as necessary. If the SoS disagrees with her I know who I'm going to believe!

But this does not mean I am agreeing to ATOS overruling my GP. It is simply the agreement of information to be exchanged.

ATOS provide assessments of a persons potential to work. I have no problem with that. They are doing so, unfortunately, with neither the desire, the equipment nor the knowledge to assess a persons health in relation to work. This I do have a problem with. A persons GP is a fundamental lynchpin in their healthcare assessment. They are wilfully - and, imo, foolishly - disregarded by the DWP and not consulted. Ergo, ATOS cannot provide a full and accurate assesment.

Rae.

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John, ESA is designed to help people get back into work whilst managing their illness/disabilities as it was apparently found that the vast majority of sick claimants wanted to be working. ESA also gives them a chance to try work and still claim benefits for up to a year without losing out. And that it was better for them (mentally/physically) this is what we were told, unfortunately it would appear that something is not quite right. Can't comment too much but am pleased to add that I am not involved with ATOS and am interested to see if things can be changed for the better.

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true chips, my other half would love to go back to work and put all our troubles behind us, but the rub comes when you are phsically/mentally too ill to work, which your GP is fully understanding of, and trying to make you better, but the ESA so called doctor just makes up his own mind and tells you to 'get on with it'. Bang go the benefits and no chance of being able to work.

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Can only hope that with the number of decisions being overturned that they will have to look at it with clearer eyes! :rolleyes:

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Hi

 

As A Benefits Advisor and a person that does appeals on ESA / incapacity benefit and Disability Living Allowance, let me try to explain these ATOS medicals, most companys have an appeal percentage of around 5%

ATOS HAVE A STAGGERING 20%, where ESA Medicals are concerned

 

You have to acheive the minimum of 15 points from the medical to remain on ESA/incapacity benefit, the large majority of people from these medicals receive o points,(EDITED)

 

People who fail these ATOS medicals should always appeal to the DWP for an oral appeal, which is held by a independant tribunal

the large majority that appeal will find they will win there case I have seen hundreds of examples where the client has gone from o points to 15/26 points on appeal.

 

I would suggest you appeal straight away you can get help from your local CAB office or benefits rights agency, you can even do the appeal yourself

i have yet to see DWP or ATOS attend a tribunal

 

one of the recent cases the ATOS medical failed to see that a client had a leg amputated and gave o points, of course on appeal he won easily

 

Depression with medication and Anxiety should be at least worth 15/ 20 points, the medical has no concern of your health, it is designed to get you off the benefit, it is planned to try to remove 12000 people a week from ESA/ incapacity benefit, whether fit or not !!

 

Disability Living Allowance will be also controlled by ATOS medicals from 2013 god forbid, the simple answer is always always appeal

 

Regards

 

Colin

Edited by ErikaPNP
removed potentially libellious statement - please refer to the site rules. Thank you.

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A really good site for anybody to join thats has experienced the ATOS system or any other benefit problems (EDITED)

 

no i am not employed by them, neither do i believe Prime Minster Cameron

when he states we are all in this together, if your disabled, sick, vunerable less well off or old, you are going to get hit !!

 

Always always lodge an appeal when you score below 15 points at a ATOS medical you have a 90% chance of winning on appeal

 

beleive me I see it everyday

 

Colin

Edited by ErikaPNP
Removal of commercial link. Again, please refer to the site rules.

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Always always lodge an appeal when you score below 15 points at a ATOS medical you have a 90% chance of winning on appeal

 

beleive me I see it everyday

 

Colin

 

Cheers Colin I won my case on tuesday just gone , Atos are a bunch of the lowest **** to walk the earth.

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I'm on my way to the Tribunal, had the medical in Jan but still no word when it will be!

 

You mention about the appeal, when you have the evidence you think will help, why do the DWP say that they will not re-consider it, as it must go to the Tribunal? Why don't they look at it and if they are still not happy, they send it in to the Tribunal?

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You mention about the appeal, when you have the evidence you think will help, why do the DWP say that they will not re-consider it, as it must go to the Tribunal? Why don't they look at it and if they are still not happy, they send it in to the Tribunal?

 

Well my experience with the appeal team of the DWP is best described as a bunch of retards who don't listen and all they want to do is cause you hardship and suffering , bunch of ******* :lol:

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A really good site for anybody to join thats has experienced the ATOS system or any other benefit problems is (EDITED)

 

no i am not employed by them, neither do i believe Prime Minster Cameron

when he states we are all in this together, if your disabled, sick, vunerable less well off or old, you are going to get hit !!

 

Always always lodge an appeal when you score below 15 points at a ATOS medical you have a 90% chance of winning on appeal

 

beleive me I see it everyday

 

Colin

 

Hello Colin. This is a subscription website as I understand it, am I right?

 

HB


Illegitimi non carborundum

 

 

 

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Always always lodge an appeal when you score below 15 points at a ATOS medical you have a 90% chance of winning on appeal

 

beleive me I see it everyday

 

Colin

 

I wish it was 90% but it's not. Definitely worth appealing though, I am.

 

dj


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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You mention about the appeal, when you have the evidence you think will help, why do the DWP say that they will not re-consider it, as it must go to the Tribunal? Why don't they look at it and if they are still not happy, they send it in to the Tribunal?

 

The DWP looked at my case again (exactly the same person as the first time) and then decided it was to go to tribunal....

 

The problem is what the practitioner has put down in the report is %*&$@&" wrong by a long way, what I said and did, and what is written is two completely different versions of the same examination!

 

Upon further investigations on the web this appears to be a regular discrepancy in the ATOS regime, such as the question about are you seeing a specialist - I answered no because I'm not any more, I did however see one 12 years ago!

 

Another trip (and I mean what I say there) question is about going to the shop, seems simple enough a question but if you answer this without giving too much detail then it goes against you in about 50% of the questionnaire (same as: Do you own a computer, with internet access?)

Edited by mortxiii
I swore and it wasn't right so I edited it and extra info that i dug up on the net

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Hello there. Please have a read of my sticky on this forum and I hope it helps. It's based on how my OH and I argued my case and the wrong information input by Atos.

 

In my case, the tribunal were fair and I think most caggers have found the same thing. You need to prepare your case carefully and go through the Atos submission with a fine tooth comb. If you can get help from CAB or Welfare Rights for example, that should stand you in good stead.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Another aspect of these medicals is how the journey times are rigged. I got my letter today to go for a medical, they included a travel plan. An able bodied friend tried it, it took 2 hours & 40 minutes. ATOS says it takes 1 hour & 11 minutes. This is because the DWP say you can't travel more than 1 1/2 hours to a medical. Rigged from beginning to end.

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Hello and welcome to the forum. That's awful about the journey time. Can you prove it and are you going to speak to the DWP about it?

 

My best, HB


Illegitimi non carborundum

 

 

 

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I can prove it, but DWP won't listen, they say it's up to ATOS to deal with journey times not DWP. So I'm hitting blogs & forums on this issue. Trying to find out how many others found the same problem.

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