Limited capability for work?

[Nix25hobbs]

I was just wondering of people had any advice on my situation:

I was sent for a pre-employment medical with ATOS and declared 'unsuitable for regular employment' which meant I couldn't start the job and the contract fell through. I then went to the medical assessment for ESA (about a month later) and ATOS have said that I do not have limited capability for work and my benefits have stopped.

 

I went through a long complaints procedure with the original pre-employment decision because I want to work and thought i had found the perfect job, and the decision was maintained that my health made me unsuitable for regular employment.

 

I am so confused. I'm too ill to work yet also not ill enough to recive benefits. Financially I am at a loss and emotionally I am exhausted from all these mixed messages. Is a court case in order?

[loopinlouie]

Why dont you use yourself as the case study?

 

Yours does seem to be unusual, found unfit and lose contract and found fit to not get benefit. That in itself would make a story of their double standards.

[haggis1984]

To ill to work but not ill enough for ESA - sounds like ATOS allright

 

Have you been down the Citizens Advice Bureau? They're pretty hot on issues like this.

[postggj]

before we go off topic

 

who paid for the medical assessmant

[Nix25hobbs]

My employers paid for the first one. It was very in depth and it involved getting report from my specialist and doctor (which she charged at £150 an hour x 2.) The ESA one was just a 'doctor' going through a questionnaire with me.

[Nix25hobbs]

Thank you, I will go to the CAB asap and see what they advise.

[postggj]

post a link to your thread and ill get back to you this evening

[Nix25hobbs]

I was going to write a bit about my own situation but it would be good to have more 'evidence' of atos' incompetence.

 

It's the double standards that is really frustrating. OK if I don't qualify for the benefit but NOT ok if I can't work either. Thank you.

[Nix25hobbs]

I didn't actually set up a thread (kind of new to the forum) so all i've written is on here. How do I start a new thread?

[honeybee13]

Hello Nix25. I'm sorry to hear about your problems. I think you would get more advice if you start your own thread.

 

Please try not to worry too much pending some replies. I'll contact the site team and ask them to set up your own thread.

 

My best, HB

[ErikaPNP]

Threads merged. Please do not post multiple posts on other's threads for the same issue. Thank you.

[kurvaface]

The ATOS "Medical opinion" depends entirely on who's paying them.

 

Perhaps ask your gp for a medical and then spot the difference.

[loopinlouie]

I think in an ideal world the medicals should find a similar result no matter who is paying. I know in an ideal world. But it would be very very interesting to have a summary of the two different findings side by side and see atos squirm at how it doesnt probe anything other than seem to find what they are paid to find as in dwp, fit for work no esa and private, not fit to hold contract.

I think the nationals would be interested in how is atos fair, would make a change from all the benefit basher articles weve seen lately regarding disabled claimants.

[RaeUK]

Hi nix25, I presume you're appealing the ESA decision?

Best wishes

Rae.

[Nix25hobbs]

Yes, i think i will appeal it but my main concern is that I got two totally different recommendations on my capability to work from the same company.

[haggis1984]

Yes, i think i will appeal it but my main concern is that I got two totally different recommendations on my capability to work from the same company.

 

Have you exhausted ATOS' internal complaints procedure yet? If not Id do that ASAP, and then if youre not satisfied I believe you can complain to the Patient Advice and Liason Service.

[Nix25hobbs]

I have had so much correspondance with Atos, bascially covering their backs and supporting the opinion of the doctor who assessed me for the pre-employment screening. I haven't yet confronted them with the difference of opinion another doctor from their company has given from the original findings of the 'highly experienced' doctor. My original complaint was regarding the competency of the Doctor in assessing specialist mental health problems.

 

I was thinking of writing to my local MP but not sure if that would make a difference.

[RaeUK]

The point I was trying to get at, I think (!), is if you were in the assessment phase of ESA then it was stopped post-ATOS, your ESA can continue at the lower rate whilst your appeal trundles through. But I believe there is a one month deadline...

You can carry on with everything else at your leisure.

Best wishes.

Rae.

[ErikaPNP]

Nix, if you plan on appealing the decision, please remember you only have one month from the date on the decision letter to do this. After this time limit, the tribunals service reserve the right to reject your appeal without hearing. You can submit an appeal to the DWP, complain to ATOS and consult your MP at the same time. You do not have to wait for the outcome of one of these processes before commencing another as they are all different areas.

 

As you are appealing the outcome of the medical, you can begin to receive ESA again at the assessment rate - this would be paid right up until the final determination of your appeal.

[haggis1984]

I have had so much correspondance with Atos, bascially covering their backs and supporting the opinion of the doctor who assessed me for the pre-employment screening. I haven't yet confronted them with the difference of opinion another doctor from their company has given from the original findings of the 'highly experienced' doctor. My original complaint was regarding the competency of the Doctor in assessing specialist mental health problems.

 

I was thinking of writing to my local MP but not sure if that would make a difference.

 

Defo contact your MP.

 

In the meantime:

 

1. Write to ATOS giving the a chance to explain the contradictory examination findings, then complain to PALS,]

2. Get an appeal in for your ESA. See if you can include the medical info finding you unfit for work in your evidence.

[RaeUK]

Thank-you Erika, as eloquent as ever!

Best wishes.

Rae.

[john 333]

what a mind boggling story!! only ATOS could do this.

Good luck with bringing them to account. That has got to warrant some daily newspaper coverage surely?

[Nix25hobbs]

Thank you for all your great advice. I didn't realise you could still get the assessment rate during the appeal (thank you kelcou + Erika)

 

I will get on with writing letters now and let you know how I get on.

 

1. Appeal to ESA

2. Write to Atos

3. Write to MP

4. Make enquiries to employment solicitors?

[honeybee13]

Hi Nix, I'm pleased you're getting some answers. Given how long the appeal process can take, might as well get in the system while you deal with the rest .

 

You're going to be busy.....