ATOs medical please help

[scorpiorick]

have same kind of problem, was called for medical, someone had to take me as i am in a wheelchair. they kept me waiting for an hour to the point i was in so much pain i could not stand walk sit (just like at home - i am forced to be led down) they had to find me a bed for me to remain to undergo the medical, and the atos dr knew this as they had to bring him to me in a room where they had found a bed.

 

i took my xrays, mri scans,hospital notes etc (i assume they had my gp notes accessible) proving my spine is crumbling also my gall bladder and diaorea issues, told them to ease the abdominal pain i have to cease eating for 2-3 days,when i eat the pain is so bad dying is easier to contemplate, plus follwed by uncontrollable diaorea which means due to pain and having to crawl with spine issues means i dont always get to the toilet - the rest you can imagiine.

 

job centre called me today saying failed the medical have to go for waork interview, told them i cant as i am stuck on the bed all day and night as pain too much to try and sit,walk etc - cant even make food only surviving on alpen bars and soup as cant stand, not even to dress or wash properly. having bed baths, son doing internet shop every 2 weeks and coming back from uni to accept delivery, this is wrong its messing his course up but we have no choice.

 

job centre then said will deffer work interview but that means not allowed to get job seekers, but as failed medical not allowed incapacity benefit anymore either, there will be no more payments made.

 

i want to know how this is allowed to happen, and what i can do to get atos to ackonwledge what state i was in when they saw me, accept the medical evicence etc and stop hassling me when i cant defend myself.

 

after the tel call from the job centre today I wish i was dead, the pain and the lack of quality of life, lack of being able to eat, pooing myself etc etc is beyond tolerance now. what i dont understand is if they acknowledge too ill to work then why are they pullinh any financial help ?

 

what i need to know is how fo i defend myself or object to this decision with such medical evidence, why are atos being allowed to do this. the atos dr knew i'd collapsed with pain, knew i had to have a bed found for me to lie down and was able to see medical xrays/reports etc.

 

this is so wrong, i know they are being told to weed out the false claimers but this -with medical prrof - is over stepping the line, i am wondering if the atos dr is on commission for every 'no' he stamps.

 

i need help and advise, i am so in pain, i cannot fight this like someone who has a broken toe (though i imagine that can be no joke either) i cannot even sit to write all i can do is use my son's old lap top and do it lying down above my head.

 

any advise ? all offers of help will be welcome no matter how small. so please anyone who knows what happens next, why this has happened to me etc, what to do to overturn this blatant denial of medical evidence etc please let me know.

 

thanks

[honeybee13]

Scorpiorick hello and welcome to CAG. You poor thing. This is an outrage against you, I feel so angry after reading your post.

 

Help will be along, I'm sure, but I think you should start your own thread on here, that way you get specific advice.

 

If you click on the red and white triangle in the bottom left hand corner of your post, you can ask the site team to start a new thread for you.

 

HB x

[HadEnough]

Hi Scorpiorick and welcome to CAG.

You can claim ESA while your appealing so ring JCP asap to get the ball rolling but you need to get your appeal in asap.

While you are waiting for more advice have a good read of the threads on here and you'll see that ATOS really don't give ATOS, but they can be beat.

[chipsnmayo]

As Hadenough stated you are entitled to still receive ESA while you submit an appeal against the decision. Ring up the jobcentre number and tell them you wish to appeal, they will tell you how to do this. You MUST continue to submit medical evidence while you submit your appeal and while you wait for the result. If things are as bad as you say then I am sure that the tribunal will overturn the decision ATOS have made.

 

As a side note, for those not wishing to appeal and who have been turned down by ATOS you can claim JSA even if your GP has signed you off as you have been declared fit for work, so JSA have to accept your claim

[joeblogs]

Hi Scorps, I am absolutely horrified reading what Atos have put you through, you should never have had to have a medical in the first place, its a pity you didnt sent your medical evidence with the questionnaire, but knowing Atos they would have still put you through it for the sheer hell of it. My mum is waiting for a date for a home visit medical by Atos, her GP wrote a letter requesting this, these people should have offered you a home visit. I dont know much about the way forward, but like the good folks on here have already said, appeal immediately and keep sending in your sick notes and the ESA will continue to be paid until an outcome is decided. You are in my thoughts. I am ashamed of this so called caring society that we live in to put people through this humiliating and unnecessary formality = shame on them. Even animals are treated with more dignity.

[RaeUK]

... Even animals are treated with more dignity.

 

Exactly!

 

Best wishes

Rae

[pompeyfaith]

This is absolutely disgusting atos and the dwp have no morals.

 

Is there no humanity anymore?

 

PF

[loan_ranger]

Even convicts in prison seem to have more rights than the "economically inactive" who can be deprived of all support and made to do forced labour.

It's no wonder that the US has the highest per capita prison population in the developed world, prison is a better option than workfare it would seem.

[happyhamr]

Hellow, Scorpiorick,

so sorry to hear about your "Disguting" treatment at the

hands of these atos ****.

 

These people are really the Lowest of the "LOW".

 

Personally,i have real "Fears"for the likes of us,who are already sick and ill

and just seem to be getting "Crapped" ON'

 

I FEAR for us ALL, and if you are fit and well(DO your utmost to stay that way),because atos initially and then the decision makers(doughnut makers)dont give a DAM.

 

Come on "Proper,doctors,gp's and consultants "Pull your

finger out", and start fighting these atos" CLOWNS".(for every one "NOW",

and in the "FUTURE")

Best wishes to you Scorpiorick

 

 

 

 

finger out and start fighting

[Brown-Clegg-Cameron2010]

Come on "Proper,doctors,gp's and consultants "Pull your

finger out", and start fighting these atos" CLOWNS".(for every one "NOW",

and in the "FUTURE")

Best wishes to you Scorpiorick

 

 

 

 

 

Why not all of us ask our doctors if there willing to help us in this fight, we all moan about this time after time it's time to gather the troops and get to no 10.

people have had demos on other issues why not this come on it's about time we get together now. enough is enough!

[F_DCAs]

This is scandalous. I'd also get an MP involved, and possibly local (or even national) press as well - absolutely unacceptable. Which Atos centre was this? Even for Atos and the DWP, this is bottom of the barrel.

[doktorjohn]

This is one of the extreme cases. Really appalling. You have our support Scorpiorick.

 

You will win your appeal but you will have to survive on about £52 a week for about 9 months. If you had money you would certainly win compensation in court over this treatment.

 

dj

[scorpiorick]

update coming

 

jobcentre sent me a letter today saying i am not in the 'support group catagory' which means i cant even apply for disability living allowance as the atos doctor said i was 'fit for limited work' so have been told in this letter job centre/customer advisor will contact me to get me on a back to work group programme ehich is 5 days a week for 5-7 weeks.

 

how the hell am i going to attend this, i am struggling to get from bed to loo or bed to stove to do soup or get cereals/alpen bars.

 

if i contact 'dial' as someone suggested what exactly will they do to help, or if i contact them and then the job centre and atos find out, wont the atos/job centre people get miffed and make it even more hassle for me.

 

somewhere in the booklet that came with the letter it said if you want to appeal you have to go to jobcentre and get a GL24 form - no chance.

 

trouble is,i feel so low and in pain its difficult to think, so how do i cope with what will happen if i fill out a GL24, anyone know what happens once such a form lands on atos desk?

 

if they call me in again i wont be able to go, if i contact 'dial' are they allowed to do the forms for me and can they go as a representative on my behalf? bottom line, if i have to go back and do it all again, i think i will be forced into tears (before,during and after). and then because of the pain i just wont have the strength to cope i will give up. i know i shouldnt but pain is such a powerful thing i will have to just give up and rot.

 

sorry, but bit of a downer today, am lying on bed, sweltering and dread any job centre atos letter, they have scared me so much, i put my faith in a dr at atos to see the evidence and act morally. guess some kind of commission they get draws them from their morals towards profit - how wrong.

 

makes my blood boil, if i'd got off a plane as an asylum seeker, there would be someone standing in arrivals, no doubt handing out deep buckets, saying "que there, we are desperate to give away houses and loads of money, so the bigger the bucket you pick the more we can fill it with" and the tax payer/grafters of 35yrs ? "sorry mate not enough to go around, best thing is try and get a job where you can work from a girling/stretcher"

 

i mean does this atos dr really think someone would want to spend the rest of their life like this - waiting for their spine to crumble so they can then go on the nhs waiting list for operations to plate their spine back together, assuming i'm then not paralised ?

[doktorjohn]

The GL24 goes back to the DWP and then it's handled by the Tribunals people.

Get them to post you one and then send it back.

 

I know how you feel except my condition is not as bad as yours at the moment, Atosh are screwing all of us, the appeal is our only hope apart from lobbying parliament.

 

dj

[loan_ranger]

somewhere in the booklet that came with the letter it said if you want to appeal you have to go to jobcentre and get a GL24 form - no chance.

http://www.dwp.gov.uk/docs/gl24dwp.pdf

 

cf. Appeal against a benefit decision (leaflet GL24) : Directgov - Do it online

 

P.S. The GL24 has only a text area the size of a fag packet, so add more sheets of paper to give more details, the more the better for your chances. Number the additional sheets, write the date and your NINO + DOB on all of them and the title "GL24 supplementary information".

Edited June 17, 2010 by loan_ranger
added P.S.

[honeybee13]

Scorpiorick, I'm sorry you feel like this today, poor you and please accept a virtual hug.

 

I don't know much about Dial, but I think if you have one near you, you should contact them. I don't really understand how the Jobcentre would find out, but it they did, hell you're entitled to advice.

 

Contact anyone you can for advice, Welfare Rights through your council if there is one in your area and any charity that looks after people with your condition, if they exist.

 

You have support from a lot of us here, don't give up now.

 

HB x

[loan_ranger]

Community Legal Advice Home - Advicenow

[speedfreek]

Sorry I'm quite confused here as picking through your 2 posts you seam to be saying different things.

 

Now what do the letters you have received actually say?

 

It will usually say you have failed/not been awarded this then later on say oh by the way you've really been awarded this.

 

Remember DWP letters often say one thing, contradict this in the next sentence and often has the real meaning of it written in Unicorn juice on the back of the stamp and requires firing down the Large Hadron Collider to get it. Everybody finds them confusing.

 

I'm asking because you say you've failed the medical, you then go on to say that you have been declared to have "Limited Capacity for Work". This is followed by I have not been placed in the "Support Group" and have been called for a "Work Focused Interview".

 

All this would seam to suggest that you have passed the medical and have been placed in the Limited Capacity for Work Group.

 

Need to find out if you failed completely or just to get into the support group?

 

As for DIAL seriously.... I've heard good things about them if non are in your area Honey bee has given you some good advice on who to contact.

 

You need to do this and pick up the phone and contact them as soon as you can.

 

(Now a decision has been made the clock is ticking so you need to act now. You have a month from the decision to tell them you want to appeal. Once you've told them you want to appeal you'll then have more time to get your evidence together to support the appeal.)

 

You will not get hassled by ATOS or the DWP for doing this. What you will get hopefully is help and assistance and if they're any good they'll handle the appeal and any other benefit applications/problems for you. Often they will get a better response and outcome from the DWP than you can, as they are more clued up on what exactly the DWP are asking for and need.

 

I can't offer advice on IB as I know nothing about it but I can tell you that non of this should effect a claim for DLA. A claim for DLA is based on your care and mobility needs. As long as you meet the criteria for DLA (the people in Honey bees' post can assist you with this application too) there's nothing stopping you applying for it.

 

hopefully somebody will be along with more knowledge than me

Erica post in 5.4.3.2..

Edited June 17, 2010 by speedfreek

[ErikaPNP]

Hi!

 

An ESA result does not mean you cannot apply for DLA. There are people aplenty who claim DLA and work - some full time. DLA is dependent on whether you have care or mobility needs which arise from your disability, not on your diagnosis or your ability or inability to work.

 

I too am a bit confused by your posts. It appears that you have not failed the medical, but have passed and been accepted as having limited capacity for work, the result being that you are in the "work related activity group" thus have to participate in said work related activity such as WFI's, but you believe that they should have placed you in the Support group - is that right? And this is an ESA claim? Only you said in your initial post that you couldn't get JSA as you couldn't go to an interview at the jobcentre and couldn't get IB anymore as you had failed the medical.

 

job centre then said will deffer work interview but that means not allowed to get job seekers, but as failed medical not allowed incapacity benefit anymore either, there will be no more payments made.

 

Can you confirm what you are claiming and what stage you are at with it? We must be sure so that we can give advise which is appropriate to your circumstances and the benefit.

 

If it is an ESA claim and you have been placed in the WRA group You can (and should) appeal if you believe that you should be in the support group. Contacting DIAL will not have an adverse impact on your claim. Indeed claims and appeals tend to have a higher success rate where the claimant has the benefit of advice and/or representation from a suitably qualified Welfare Rights officer.

 

More good news - almost half of the ESA appeals lodged are revised in the claimant's favour at tribunal.