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furnitman2003

ESA, your having a laugh!

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I recently failed my Atos Medical Assessment, no suprise there, I've Appealed, but in the event it goes to Tribunal, or whatever, I want to be prepared.

 

Therefore, I've a couple of questions, I would like your help with.

 

I intend to SAR both DWP or Atos and the NHS for my medical records.

 

I realise that any info I turn up which was not presented at the Assessment, would not be admissable at the tribunal, but I want a complete picture of everything they hold about me for future use, should I need it.

 

With regard DWP / Atos, who best to send it to, and where?

 

As regards the NHS, I have a leaflet which states I need to contact the Health Records Manager, at my hospital, for access to my health records, and that for providing copies of (paper) records, or x-ray films, and depending on the work involved a fee of up to £50 will be charged.

For providing copies of computerised records the fee is £10.

 

When I SAR the NHS what are they obliged to send ? I assume its just the computerised records.

And do I send it to my local hospital, or have they got a Head Office that deals with this?

 

Ok, more than a couple of questions, lol,

Thanks Alan

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I would start with the DWP Appeal pack for that sort of info. Have they sent you the pack?

 

Anything you get without a fee will be helpful. I'm not expert on SARs, but others are.

 

HB


Illegitimi non carborundum

 

 

 

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That was quick Hb,

 

No I hav'nt got the appeal pack yet, just an acknowledgement letter.

 

I'm all for free info.

Ive just paid £22 for a five line 'letter' from my Doctor, confirming I currently have a PHQ-9 score of 21, (whatever that is, lol.) suggesting significant anxiety and depression, he went on to say that even if I was not about to have another operation, I would not be able to hold down a job with my current mental health state.

 

Alan

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Poor you, I've been there without the operation to consider. Big hugs and stay strong.

 

If you have time, you could speak to the DWP about getting the Appeal pack, or have a look on their website.

 

HB x


Illegitimi non carborundum

 

 

 

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Good idea, I'll do that

 

Thanks

 

Alan

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I realise that any info I turn up which was not presented at the Assessment, would not be admissable at the tribunal, but I want a complete picture of everything they hold about me for future use, should I need it.

 

On the contrary, any further evidence regarding your health up to and including the date that the DWP initially stops ESA is relevant. This is important for people to note. In my case I had my ATOSH assesment in February 2009 but - due to errors on the DWP side - my ESA wasn't turned down until July 2009. The tribunal accepted evidence of my condition up to July 2009 including a spirometry test taken one month after the ATOSH fiasco.

Do wait until you get the full appeal pack from the DWP. You will find that the ATOSH medical report to the DWP is significantly larger than the summary sent to you.

Best wishes

Rae

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I'm going to jump in here because I have just been diagnosed with PTSD caused by bullying for 4 years at work.

 

Rightsforme, I sort of suspected i was suffering with this, and so did my GP, but she wanted me to see a specialist rather than just medicate me. My employer (oh yes I continue to be employed to this day I just don;t go to work anymore!) arranged 6 sessions of CBT when I needed about 60! The CBT couldn;t (more likely wouldn;t as they were reporting back to work for an insurance company) diagnose this. Then they sent me to a private OH, after their own works OH coudn;t diagnose it. He also just said i was depressed. Then they agreed to pay for a private psychiatrist, who also refused to diagnose me with it. I failed the ATOS medical even though the woman assessing me made reference herself to PTSD! They forced me to go the a building which was virtually next door to where all this had been happening, and refused to understand that I couldn;t go near the place. I managed it, with help, I was a complete wreck throughout the interview/interrogation. She kept urging me to go back to my GP. She could see that talking about what had happened was crucifying me, and I hold them personally responsible for making me even worse. Then she told a load of lies about me. Of course I am appealing.

 

I was unaware about making a complaint to them, but actually, if someone will point me in the right direction I shall do this tonight. As well as e-mail my MP and I shall found out who the bod is charge at Westminster is and he can have it with both barrels as well.

 

Someone tell me how and where I make this complaint whilst I am in the mood to do so!

 

've just applied for DLA as well now, so lets see what they come back with!

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Hi J&W and welcome to ESA Club.

 

I know of a helpful website for those who want to take ATOS apart:

DWP ESA Medical Examinations

Best regards,

Paul.


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Hello Paul. Can I join ESA Club please?

 

HB x


Illegitimi non carborundum

 

 

 

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Received two letters from ESA this afternoon

(Work capability assessment ESA72A 04/09 ) and (a letter, dated 12-05-10 ).

The letter dated 12-05-10, is to notify me that the decision regarding my ESA, has been looked at again following my appeal, and has been changed in my favour.

 

The other letter, (ESA72A) and dated 17-05-10, confirmed I do have a limited capability for work.

Quote "On 12 / 03 / 10 you attended a limited capability for work assessment that looked at the way your physical or mental condition affects your everyday activities. As a result we have decided you have, or can be treated as having, limited capability for work.".

 

I find this interesting , though not at all surprising, in this letter they have not admitted to changing their decision,

They say they decided as a result of the assessment I attended on the 12 / 3 / 10, ( the 'Limited capability for work Assessment') this is clearly a lie. There was no mention of my appeal, and that they had got it wrong,

I'm not sure what to do about my appointment with C.A.B. now?. My benefit has been sorted out in my favour, but I'm still not happy with the way I've been treated, and upon further investigation I've found, I am not alone.

Something should be done about it, I just dont know what.

 

But I'm open to suggestions, I dont want to drop this.

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the bulk of papers i recieved i also got

 

"worksheet for the work capability assessment"

 

ref to the Decision maker. (ESA56) form

 

A determination on the wca is required on the basis of the customer score.

 

what does this mean....

 

well done furnitman keep asking questions

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Well, furnitman, that is at least some good news for you. I'm glad it's sorted out and you won't need to go to appeal.

Of course, that doesn't stop you helping others on here or digging around and finding reasons to complain to all and sundry about how we are treated.

Best wishes

Rae :)

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its like WAR and Peace -to confusing?

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Hi there. I would be inclined to see CAG myself, to see what they say.

 

Hope it goes your way. HB x


Illegitimi non carborundum

 

 

 

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Hello Paul. Can I join ESA Club please?

 

HB x

Greetings HB, I think that you are member. Membership is mandatory by invitation letter #ESA50 and like some sort of Kafkaesque nightmare where obstinate bureaucracy and totalitarianism are wedded, the state harasses you but calls this "providing support".

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Brighton Benefit Campaign’s blog on ESA has laid out the nasty facts about ATOS in a most erudite manner. I strongly recommend that everyone should read it:

Employment and Support Allowance: a new harsher test Brighton Benefits Campaign


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Coalition web-site launched, then vanishes in 1 day

The new coalition 'proposals' web-site launched this morning and (at the time of writing) it appears to be having gremlins - most of the links were un-reachable for most of the time and it may have been hacked. I hope that this isn't a foretaste of what we can expect from Lib-Con.

 

Whilst perusing news.bbc.co.uk I came across this story:

BBC News - Government publishes 'historic' coalition policy deal which contained the link to "the document" which was a link to the web-site's home page, but now this is being redirected to a completely different direct.gov page. Screen-shots of the 'slick' but now defunct web-site are in my post below this one.

 

The home page of the now vanished web-site raised my hopes by mentioning the prospect of sending feedback on their agenda for Britain:

This website is the online version of The Coalition: our programme for government. It sets out a programme for partnership government over the next five years. These plans are inspired by the values of freedom, fairness and responsibility, and a shared desire to work in the national interest. Working together, we are confident that we can take the country through difficult times to better days ahead.

We believe the programme can deliver radical, reforming government, a stronger society, a smaller state and power and responsibility in the hands of every citizen. Great change and real progress lie ahead.

Have your say

This programme is a historic document in British politics – it’s the first time in over half a century that two parties have come together to prepare joint plans in this way.

This website gives you the opportunity to enter public discussion on the programme. We’ll take all your comments and suggestions on board and publish the Government’s response to those policy areas receiving the most feedback.

For more information on comments on this site, please see our moderation policy.

I was looking forward to complaining about ATOS/ESA in their "Jobs and Welfare" area, but the web-site's disappearance has scuppered that hope:
The Government believes that we need to encourage responsibility and fairness in the welfare system. That means providing help for those who cannot work, training and targeted support for those looking for work, but sanctions for those who turn down reasonable offers of work or training.

 

  • We will end all existing welfare to work programmes and create a single welfare to work programme to help all unemployed people get back into work.
  • We will ensure that Jobseeker’s Allowance claimants facing the most significant barriers to work are referred to the new welfare to work programme immediately, not after 12 months as is currently the case. We will ensure that Jobseeker’s Allowance claimants aged under 25 are referred to the programme after a maximum of six months.
  • We will realign contracts with welfare to work service providers to reflect more closely the results they achieve in getting people back into work.
  • We will reform the funding mechanism used by government to finance welfare to work programmes to reflect the fact that initial investment delivers later savings through lower benefit expenditure, including creating an integrated work programme with outcome funding based upon the DEL/AME switch.
  • We will ensure that receipt of benefits for those able to work is conditional on their willingness to work.
  • We support the National Minimum Wage because of the protection it gives low-income workers and the incentives to work it provides.
  • We will re-assess all current claimants of Incapacity Benefit for their readiness to work. Those assessed as fully capable for work will be moved onto Jobseeker’s Allowance.
  • We will support would-be entrepreneurs through a new programme – Work for Yourself – which will give the unemployed access to business mentors and start-up loans.
  • We will draw on a range of Service Academies to offer pre-employment training and work placements for unemployed people.
  • We will develop local Work Clubs – places where unemployed people can gather to exchange skills, find opportunities, make contacts and provide mutual support.
  • We will investigate how to simplify the benefit system in order to improve incentives to work.

 

I am sad to report that regarding ESA and WFYB it is just a stricter revision of what went before they came to power:-x

Never mind Cameron's slogan "Britain isn't working", when are they going to fix the web-site? LOL

 

Regards, Paul.

 

Latest News @ 14:04 - The link "document" is now being permanently redirected to a direct.gov page. "The Coalition: our programme for government" can be downloaded as a .pdf from here.

Edited by loan_ranger
Needed reworking to make sense of subsequent developments

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Screen-shots of the gremlin beset web-site:

 

Home page:http://loanranger.no-ip.org/av/Programme%20for%20Government.jpg

 

Jobs & Welfare page:http://loanranger.no-ip.org/av/Jobs%20and%20welfare%20_%20Programme%20for%20Government.jpg

 

I thought that I ought to provide proof to back my story.

 

These are pictures of the web-pages 'as they appeared' in firefox on my PC, note the URLs at the top - if you type and enter these into your URL bar you won't get what I got, but instead you'll be redirected to a 'direct.gov' page instead.

 

Paul.

Edited by loan_ranger
Same as in previous post.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Well, furnitman, that is at least some good news for you. I'm glad it's sorted out and you won't need to go to appeal.

Of course, that doesn't stop you helping others on here or digging around and finding reasons to complain to all and sundry about how we are treated.

Best wishes

Rae :)

 

Thanks Rae,

I'm not going to stop digging, and will continue to complain. I fully expect further problems with them, this was too easy, my 'Atos complaint letter' may have helped, not sure though. see earlier post, 5.

 

HB, I will still go and see CAB on 27th May as planned, DWP and Atos cant keep treating people this way.

 

Loan Ranger, Interesting reading, food for thought.

Alan

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Hi all. Received another letter yesterday, from Jobcentre plus. "We have looked at your claim following a recent change" etc, etc, adecision on your capability for work, you have been placed in the Work Related Activity Group.

 

It goes on to say, "Customer with potential capability for work enter the work related activity group. This means them carrying out reasonable steps to manage their condition and to help move towards the workplace by undertaking any releant activity, which will be developed with the support and encouragement of specialist Personal Advisors. Those who have limited or no capability for work-related activity enter the support group and are not required to take part in any work related activity".

 

I may have mis-understood what their saying, but,

According to yestedays letter, I am being treated as having, 'Limited Capability for work', so surely I should be in the support group.

 

This next bit is curious, "Your appeal has been heard by an independant appeal tribunal. The tribunal has decided that you are entitled to Employment and Support Allowance".

I new nothing about this Tribunal.

 

Finally, Guess what I got this morning? A letter from Atos requesting me to arrange a Medical Assessment.

Here we go again. LoL

 

Alan

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I have just been reading a link in another thread, by Lone Ranger, I Think I may have just answered my own question, well part of it anyway.

 

I wish the DWP would word their letters clearer,

 

Alan

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Yeah, WRA = having to attend the compulsory WFIs, do WRA etc via JCP which carries the threat of sanctions if you fail to attend without giving an acceptable (for JCP) reason. JSA rate + 25ish quid.

Support Group = they don't compel you to undertake this sh1t. JSA rate + 30ish quid.

Sounds like you're in the first of these.

 

Regards, LR.


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Latest ref. disappearing government coalition web-site. It has just now (equally mysteriously) returned into being. I'll now try to find the feedback page/links so that we can bombard them over ESA.

 

Regards,

Paul.


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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I'm keen to comment on these two areas of the coalition policy on welfare:

  • We will ensure that receipt of benefits for those able to work is conditional on their willingness to work.
  • We will re-assess all current claimants of Incapacity Benefit for their readiness to work. Those assessed as fully capable for work will be moved onto Jobseeker’s Allowance.

I want to protest about sick and disabled people being sent onto JSA and having their benefit "sanctioned" when they are unable (due to illness and disabilities) to comply with the conditions and requirements.

being imposed upon them.

Furthermore, I will protest that when the ESA club are shunted to JSA following a sham medical they face severe barriers to returning to work, they don't get the requisite extra support needed and at the end of the day they end up being "impossible to re-employ" condemned to a life in poverty on £65.45/week.

 

Regards,

Paul.


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Whilst I'm pleased with the verdict, I'm still puzzled by this:

 

This next bit is curious, "Your appeal has been heard by an independant appeal tribunal. The tribunal has decided that you are entitled to Employment and Support Allowance".

I new nothing about this Tribunal.

 

I did recieve acknowledgment of my Appeal letter, confirming the decision will be looked at again, but there has been no mention to me, of an 'independant appeal tribunal' date.

Is it usual for a tribunal decision to be done behind my back.

 

I wanted to attend it, and show the tribunal my list of errors, and thereby show the DWP and Atos up

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