Won ESA appeal but shortlived help and advice needed

[rightsforme]

I suffer from PTSD and severe back pain following an accident years ago. I failed the medical and had to appeal as ATOS only awarded me 12 points, which should have been over 100. Welfare rights helped with my appeal which has took 9 months and got all my relevant medical and got the decision overturned. In addition they also said i should be entitled to DLA and they got me mid rate care and low mobility. I felt relief I would be able to get my life back, get back to work and be me again, but no within 2 weeks of judgement DWP has decided to send me back to the same ATOS so called doctor for assessment again that both lied and ignored my problems. I don't want to go but have no choice. Rang my welfare rights advisor and she is surprised but says I will have to go. I am taking all medical and tribunal support with me plus I will take a friend. I don't understand why they are sending me back when the appeal overturned it based on my medical evidence, I did not even have to attend in the end. I just feel so down, I'm sure its a conspiracy to send me over the edge. I have worked nearly all my life even as a single parent I chose to work. All I want is the support and help to be able to get back to work and be me again is that really too much to ask. This has sent me straight down hill again, if they ignore it and fail me again then I will be back at square one and worried I may then lose my DLA. I can't go through this again any advice would be appreciated. I am thinking of just giving him all the medical stuff and refusing to talk to him.

[honeybee13]

Good morning rights for me. Has this stopped you sleeping? You poor thing, I really can't think of the right words. The rats, which is much milder than I would like to say .

 

Can your welfare rights person get involved again?

 

Do take someone with you to Atos, I did. When the world wakes up, I hope someone will be along to advise you on this.

 

A big hug from me. x

[rightsforme]

Good morning rights for me. Has this stopped you sleeping? You poor thing, I really can't think of the right words. The rats, which is much milder than I would like to say .

 

Can your welfare rights person get involved again?

 

Do take someone with you to Atos, I did. When the world wakes up, I hope someone will be along to advise you on this.

 

A big hug from me. x

Hi Honeybee

Yes it has sent me right downhill again. Got letter Friday luckily a friend was there when I recieved letter from ATOS, I got so distressed and rang welfare rights lady. Shes very surprised at it and now has copy. I have no choice but to go though and friend rang to make the appointment as I couldn't even talk. My friend is going with me and I am taking along all the medical evidence and tribunals judgment. I just can't believe that I have to go back there again when tribunal already overturned it and the thought of them failing me and stopping my ESA again and having to go through another 9 months of this is hell. They paid me my arrears and work related component as per tribunal order then send me back to atos presumably to fail me again so they can stop paying again. They should be forced to accept tribunal findings and not allowed to send us back within a certain period to ATOS whos report has already been ruled incorrect. I scored 12 on ATOS hence the fail and on medical evidence which was accepted score should have been in excess of 100. How am I ever supposed to get better and get my life back and get back to work when they treat you like this.

[honeybee13]

rightsforme, have they told you what this medical is for? Could it be connected with your DLA?

[rightsforme]

hi honeybee

no its not connected to my DLA it actualy states that DWP has asked them to reassess me for ESA following tribunal appeal.

[honeybee13]

That's ridiculous, I had no idea they could do that.

 

It sounds like the police in South Africa when they used to re-arrest political activists as soon as they came out of jail, and put them straight back into the prison system.

 

I'm sure everyone on the forum is on your side. We'll help as much as we can. x

[Simon7685]

This is absolutely disgraceful, how on earth can they be allowed to do things like this? This is the 2nd thread on here regarding this type of thing happening. They are using ATOS medicals for ESA to stop peoples DLA and now this!

 

Surely there must be something illegal about the tactics of the DWP in doing these things? It is not right, I can't advise you, as I don't know what to advise you to do, have you thought about writing to your MP about this? Maybe Erika will have some ideas when she comes on?

[rightsforme]

Even my welfare rights adviser was surprised, had to get my friend read the full letter to her as I was so distressed. She asked me to drop a copy in to her which I have done. My friend has booked the medical and is going with me and I am taking along all the medical evidence and just going to give it him. I will soon know if they already intended to stop it as I am due payment that week and it should go in day of the medical so if it isn't in that week then that will prove that they already decided and with my medical info there is no way that I could fail. I score well over 100 points let alone the 15 required. If they had not failed me in first place I may well have been back at work now instead they have made me worse and its going to take even longer to recover and cope with my illness.

[Surfer01]

It sounds like the police in South Africa when they used to re-arrest political activists as soon as they came out of jail, and put them straight back into the prison system.

 

x

Nothing wrong with taking terrorists and murderers off the streets in South Africa. Comment if you lived there, if not, please refrain from making comments about a country that you know nothing about except what you read in the press.

[honeybee13]

Sorry, didn't mean to be offensive. That's what the press here were telling us, as you say.

[Surfer01]

Honeybee, no problem. Press distorts everthing.

[honeybee13]

Thank you Surfer, let's put that behind us.

 

I hope you agree that what's happening to rightsforme is beyond draconian.

 

HB

[ErikaPNP]

Have the tribunal directed DWP to refer back to ATOS?

[rightsforme]

Have the tribunal directed DWP to refer back to ATOS?

no they didn't there judgment states I am entitled to ESA work related group so I was expecting to get appointment with my work advisor not this assessment again which is fine as no matter what group I got put in I was going to opt for that help as I desperately want to get back to work just need the support and help to be able to do this. This is what is so stupid about this as all stress this has made me so much worse if they had not failed me I may well have been back at work by now instead I become more anxious which has led to major social and psychological problems. I just feel I have no control of my life anymore everything I try to take to get that control back is being undermined by them. I don't want to even wake up in the morning and face another day, just don't know how much more of this crap I can take, I break down for no reason so can't go out in public alone and I can't stand being like this it is not a life its an existence.

[antone]

Have the tribunal directed DWP to refer back to ATOS?

 

This was my first thought as well. TAS (The tribunal service) sends notification of the appeal result to the DWP. I find myself processing them quite a lot. Anyhow, TAS sometimes gives a date to refer the successful appellant back to Med Ref/ATOS for a new medical.

 

They don't always do this, but where they do, we will normally do as instructed.

 

Edit to add: it may be on a letter received from TAS as something like "WCA re-referral date"

[honeybee13]

rightsforme, please don't give up now when you've achieved so much. We're all rooting for you.

 

I hate what Atos do to people and how they make them feel, having been to one tribunal myself. I just hope we can help you unravel what's happening. Honestly, they're not worth getting stressed about, they don't deserve it.

 

You're strong and can get back to where you were, hang on in there.

 

Big hugs, HB x

[rightsforme]

rightsforme, please don't give up now when you've achieved so much. We're all rooting for you.

 

I hate what Atos do to people and how they make them feel, having been to one tribunal myself. I just hope we can help you unravel what's happening. Honestly, they're not worth getting stressed about, they don't deserve it.

 

You're strong and can get back to where you were, hang on in there.

 

Big hugs, HB x

Thanks for the support honeybee, it certainly helps just to even be able to get it off your chest. I couldn't afford to give up even if I wanted to, though at times wish that I could just say to hell with them and just concentrate on getting myself better. I live on my own in housing association house with no dependents now children are all grown up and left home so have bills to pay. What they give you barely covers the basics. the backdated money they owed me after winning appeal has alraedy gone on bills and debts as have not been able to afford to even cover those bills and eat on the £60 a week I was getting, Half of that each week went on gas and electric and there has been many a time during that time when I have run out of gas and electric especially when we had the snow and really cold weather.

 

Just hope that I don,t have to go through it again so I can just concentrate on me getting well enough to return to work and be able to retrain to help others in similar situations.

 

I am normally a very strong determined person especially against any injustices and I want to get back to being that person, once I do I will carry on fighting to put a stop to this sort of treatment. I know what this has done to me I dread to think how many have actually gone over the edge by this treatment.

[RaeUK]

Hi rightsforme,

As honeybee says, we're all rooting for you. What you're being put through defies logic to me. There is no beaurocratic rationale that will ever make this situation sound right and fair.

I do hope you keep going and I truly hope you achieve your goal of getting well enough for work.

As for struggling on the reduced rate of ESA I have so much empathy. I too have been in exactly the same situation where I've had to turn the heating off to help make ends meet. I did find, though, my electricity company quite helpfull. It may be worthwhile looking to see if there is anything they can do for you.

Do keep posting and letting us know how you're doing. I certainly want to know, even if all I can do is offer a bit of moral support and a virtual hug!

Best wishes.

Rae.

[rightsforme]

Hi rightsforme,

As honeybee says, we're all rooting for you. What you're being put through defies logic to me. There is no beaurocratic rationale that will ever make this situation sound right and fair.

I do hope you keep going and I truly hope you achieve your goal of getting well enough for work.

As for struggling on the reduced rate of ESA I have so much empathy. I too have been in exactly the same situation where I've had to turn the heating off to help make ends meet. I did find, though, my electricity company quite helpfull. It may be worthwhile looking to see if there is anything they can do for you.

Do keep posting and letting us know how you're doing. I certainly want to know, even if all I can do is offer a bit of moral support and a virtual hug!

Best wishes.

Rae.

Hi Rae

Thanks the support and virtual hug is extremely helpful. Winning my appeal and getting my esa work related and being awarded DLA mid rate care and low rate mobility has helped ease the financial burden. If however that gets taken away again due this ATOS assessment I have to go through then I can see no choice but to give up my home obviously this is not something that i would want to do at my age as my home is a secure tenancy and if I gave that up I would never get housed again as kids are now grown up and I have no dependents and I can't afford private rent. I just pray that they accept my medical evidence and don't fail me again like last time. I have been looking up the rules and I should not even be sent for medical as mental health side of my illness PTSD as diagnosed by specialist falls within the exemptions rule as severe.

[RaeUK]

Hi rightsforme,

I can't see why you need worry about losing your home. You are with a housing association and entitled to HB. In the bizarre and unlikely event you fail another ATOSH assesment then surely you can appeal again? [Hopefully someone more knowledgeable can confirm or contradict that].

Is there anything you can chase up regarding your assertion you shouldn't be forced into another 'medical'?

Can I just ask about your PTSD? All I know is what you said earlier. Is it linked to your accident or caused by something else? I'm not looking for personal details, just musing...

Best wishes.

Rae.

[antone]

Hi rightsforme,

In the bizarre and unlikely event you fail another ATOSH assesment then surely you can appeal again? [Hopefully someone more knowledgeable can confirm or contradict that].

 

Your understanding is correct. The result of a second medical could be appealed.

[rightsforme]

Hi rightsforme,

I can't see why you need worry about losing your home. You are with a housing association and entitled to HB. In the bizarre and unlikely event you fail another ATOSH assesment then surely you can appeal again? [Hopefully someone more knowledgeable can confirm or contradict that].

Is there anything you can chase up regarding your assertion you shouldn't be forced into another 'medical'?

Can I just ask about your PTSD? All I know is what you said earlier. Is it linked to your accident or caused by something else? I'm not looking for personal details, just musing...

Best wishes.

Rae.

Hi Rae

yes was a bad accident years ago I suffered severe PTSD and severe back pain since which specialist says will be permanent. The re-occurrence however was caused by bullying at work which forced me to to leave my job. I took employer to tribunal which I did win though he wont pay. I still tried to to manage my PTSD and tried to find alternative work, however it became unmanageable and I had to sign off sick and claim ESA as it became so bad that i became suicidal and needed proper help. It just feels like I have somthing stamped on my head saying get me. Last week i felt quite positive that I would get control of my life back and then the bombshell arrived that I have to go to ATOS for medical assessment same people who failed me in first place. Luckily my councillor extended my sessions as he was concerned about the appeal now this week I will be going back to my councillor feeling just as I did before seems like I am continually taking one step forward then bang things out of my control send me 10 back.If they do stop it then WR advisor will sort out appeal again but this one took 9 months I don,t want yet another 9 months of being like this. As for medical I have read that where there exceptional circumstances of significant harm under the the mental health aspect is excempt from medical and appeal judgment states that I qualify under the exceptional circumstances but WR say I must attend or they will stop it so I will have to go. Getting anxious and irritable now and not able to sleep so god knows what i will be like on that day

[RaeUK]

Hi,

I was curious about your PTSD as a friend of mine suffered from this. But his was due to his military service. Sadly, I believe he finally committed suicide overseas. Details are sketchy and I doubt if I'll ever know the truth.

It remains a very serious illness that us average bods in the street fail to appreciate and understand. And that, obviously, translates up to those average bods in the street who work at the DWP or ATOSH. As I was reading your post, I had a particular charity in mind. You've probably come across them, Combat Stress. Ok, their focus is on the military but they may be worth a contact if you haven't already considered it. They understand PTSD incredibly well. If they can't offer advice - due to, perhaps, dealing only with the military - I would expect them to at least listen to you and point you in the right direction.

I do understand 'suicidal'. I was there twice. Not a place I intend to revisit.

Best wishes.

Rae.

 

Service-related Mental Ill Health - Combat Stress

 

PS: I can't think of anyone more deserving my 1000th post! 8)

Edited March 7, 2010 by RaeUK
typoo

[rightsforme]

Hi,

I was curious about your PTSD as a friend of mine suffered from this. But his was due to his military service. Sadly, I believe he finally committed suicide overseas. Details are sketchy and I doubt if I'll ever know the truth.

It remains a very serious illness that us average bods in the street fail to appreciate and understand. And that, obviously, translates up to those average bods in the street who work at the DWP or ATOSH. As I was reading your post, I had a particular charity in mind. You've probably come across them, Combat Stress. Ok, their focus is on the military but they may be worth a contact if you haven't already considered it. They understand PTSD incredibly well. If they can't offer advice - due to, perhaps, dealing only with the military - I would expect them to at least listen to you and point you in the right direction.

I do understand 'suicidal'. I was there twice. Not a place I intend to revisit.

Best wishes.

Rae.

 

Service-related Mental Ill Health - Combat Stress

 

PS: I can't think of anyone more deserving my 1000th post! 8)

Hi Rae

Thanks for that Rae, looks like they only deal with military but maybe they can get me proper help with it. NHS does not really have support for it though depending where you live. I was lucky when I first got this I had no idea what was happening, thought I was going mad and did not even connect a lot of my problems to my accident such but my doctor knew of PTSD research programme with one of the top PTSD specialist and I was I was lucky to take part in that and was diagnosed and received free treatment which I could not have got on the NHS. I have even looked at going back to her but unfortunately at £150 a session on benefit that's not an option. Its a lottery on help available for this and in my area very little, all I can get is counseling which I still have to pay towards and get so many sessions, then when I go downhill I have wait to have an assessment to get another course of sessions. I have a friend in another area that also suffers from this even worse than me and I am trying my best to avoid getting that bad, he had been wrongly diagnosed for years. Its an awful illness and yet no professional proper treatment is available on the NHS. When I was diagnosed as severe I was not as bad as what I am now with it. I was warned that I could have a recurrence but had not realised it could be even worse than before and instead of being able to get proper help you get this crap making it even worse. PTSD can't be cured as reccurrence can be triggered as in my case bullying at work triggered it but with proper treatment can be managed and controlled to lessen the effects and that specialist treatment should be available on the NHS, why can't they see in the long run that would be cheaper to treat the problem instead of masking it with medication. I did not have to have medication before yet now I have no choice but to take it just to stop me going over the edge.