Failed ATOS medical, next steps, please help

[katrina123]

thanks

theres not much evidence or reports in my case. apart from medicine given, the specialist i saw said there was nothing wrong, which iwas very frustrating.

and for my mental health my current therapist gave up on me, saying they will refer me to a psychiatrist as she didnt feel qualified and her processes were

not working for me.

 

i saw pyhysiotherapy for two separate conditions, do i need to prove this? all i have are the excercises given and possibly the appointment letter.

 

got the call back, by someone who didnt seem sure of themselves.

 

said the appeal is ongoing still, but as there was queries on the case, and the medical was not

up to standard, ill need to do it all again.

 

i think id like to re-write it all anyhow with additional stuff and updated info, rather than ask for

the old one to be resubmitted.

 

i asked for a statement of reasons on why i need to do this all again, i was told the DM would be notified of this.

[45002]

hi

Ive just found out ive failed the atos medical (UK) for ESA.

Ive called up my job centre to ask for the medical report.

I cant believe i scored 0 points on both questionnaire and medical. This is not right, i filled in the questionnaire very thouroughly referencing the descriptors and i was confidant i would score over 10 points at least.

The medical interviewer told me he didnt even read the questionnaire i had filled in, saying i wrote too much and basically he couldnt be bothered.

 

just wondered my next steps.

the letter says 'you will get a further letter explaining how they made decision'. So i should wait until i receive this?

 

So i presume my ESA has stopped now.

when will it be re-instated? when i make an appeal?

the letter says i can ask for explanation, reasons, ask them

to look at it again, and finally appeal. Shall i do all of these in order, one at a time, or all together immediately?

 

thanks

 

I would find out who "medical interviewe" was and complain about about them saying

 

"couldn't be bothered to read it all"

[katrina123]

i did complain, in writing, to atos, and to jobcentre, atos responded and admitted fault, jobcentre no response about it all.

[45002]

i did complain, in writing, to atos, and to jobcentre, atos responded and admitted fault, jobcentre no response about it all.

 

Good...

[katrina123]

thankyou all so much.

 

went to CAB last week. Didnt get the best person to advise me (seen him in past).

He said the jobcentre CAN ask me to do the questionnaire and medical again, and dont have to explain to me.

he said if the new medical fails, and i appeal, there will be TWO appeals ongoing.

I asked him who are welfare rights: he said "Free Representation Unit"....i told him i phoned Community Legal Service who

put me through to a solicitor, who has been calling me all the time, to help me (more about this in a second).

CAB guy told me to forget taking the ATOS complaint any higher .

Also said he thinks i wont have to go for a medical again, and that after they recieve my

questionnaire ill be taken off assessment rate and put into proper esa position.

Also said DLA is only for people with Physical problems, NOT mental health troubles.

 

So phoned Community Legal Service last week, they said i qualify for legal aid, and put me in touch with a solicitor.

Solicitor kept calling me, strange i thought, as im not even paying for it, im thinking who is paying him?

Also when i told CAB about this solicitor and Community legal service, he laughed, saying DONT deal with him, as they

will charge you money, and told me to cut him off and dont continue to speak to them or meet them. Now im worried.

 

So the solicitor calls me twice again today.

I ask him, will this cost me anything? he says it shouldnt, as im on ESA, and he asked me some questions.

So he says he can advise me on my ESA appeal. I then explain all the situation.

He agrees with the CAB guy, and says yes, just fill in the new questionnaire and go to the 2nd medical.

He goes through the scoring for the face to face medical with me, scoring me points, kinda like a mock medical,

and says at end i should score 15 definately, according to the scoring sheets.

He says apply for DLA, the lower rate for care, after he asked me some more questions.

He says he will send me some documents which would make me eligable for legal aid or something like that, that i

think i need to sign and send to him.

 

It was a very helpful phonecall and he gave me good advice i thought.......

but im not sure about what hes gonna send me and how further i should use this solicitor.

The solicitor just said he can help with appeal, and if the new medical fails me, he can help with that, send letters on

my behalf to DWP and deal with my doctor/therapist, collect info for me, etc.....

 

So that is my current position.

I just need to do the questionnaire again and send it in before the deadline.

 

any thoughts/advice, would be very helpful.

thankyou

[speedfreek]

OK lets break this down a little....

 

You complained about the assessment!

 

Assessment has been nullified

 

DWP have a request for more evidence needed to decide your claim!

 

1st stab at it failed miserably - continue all complaints get MP involved.

 

Because of shambles above DWP are trying to get it right so have requested more/evidence again.

 

Complaint against ATOS may succeed (all good) assessment phase continues; pain/stupid maybe! As long as DWP pay back-dated to week 14 no perceived economic loss so no ICE complaint.

 

I've got a PAPPY VAN WINKLE 20 Year Old Family Reserve looking at me......

[katrina123]

thankyou thankyou thankyou

 

not recieved any documents from solicitor yet.

reading the appeal leaflet, it says Community Legal Advice is free, this is who i called before being put

through to solicitor. The leaflet then says "you may be able to get advice from a solicitor under the

legal help scheme. If you decide to use a solicitor, be aware that the legal help scheme doesnt cover the

cost of a solicitor to help you at an appeal tribunal".

 

slightly :?

 

not even sure i want a solicitor. i think im happy doing it all myself. the appeal etc....

really really dont want to be stung with some cost i have to pay.

 

ESA50 questionnaire has been changed, its shorter now, like 7 pages! some questions combined with others, some missing

all together, rewording all over. (im comparing it to last years).

[Feebee_71]

Katrina,

 

Reading what you say about the solicitor I would guess (and it is only a guess) that you din't get charged for qdvice over the phone as you have received but would have to pay if you decided to be represented by a solicitor at your appeal or tribunal.

 

Feebee_71

[katrina123]

got letter from job centre, after i requested an explanation, it says

medical report not correctly done so not valid to use to revise decision.

so to do it correctly now another assessment referral has been made.

so i need to do the ESA50 again, also saying that the original one was done many

many months ago, so an up to date one would be more suitable. And on and on the

process goes...

 

so basically they didnt feel the need to tell me whats going on or explain.

I had to ask them for explanation.

[brianjohn]

I failed the medical and the appeal so decided to send this to Carmon via his Facebook page and private email

 

Fantastic move having a discredited company sort out those people claiming sickness/ESA and using a computer programme that is well below par with so called medical people who seem to have forgotten the Hippocratic oath.

I failed such a medical and also the appeal not because im fit for work, NO i failed due to them not having any knoweledge of HIV and AIDS.

not once did anybody contact the specialist in HIV and AIDS im being dealt with to get any real or correct information, NO they did as you bid them! just see if he can bend and pick something up.

It was also said i have no life threatening illness nor and i a risk to others. Im a walking bio hazard, that can not be cured.

I have to inform you now, if anything adverse should happen to me either physically or mentally directly or indirectly I will hold you personally and collectively responsible as co-conspirators liable for damages.

[katrina123]

hi again, went for the second medical, scored 0 again.

what was annoying was that it was shorter and less thorough from the 1st medical,

and all my conditions/problems were not asked about in medical, almost like lots

of stuff was missed out in thier questoinning. the reason they did the 2nd medical

was that the 1st one was not accurate (they addmitted).

 

so now will request report and reasons for decision, ask them to reconsider,

then appeal if necessary.

 

unsure what they are asking or the process.

"you will get further letter explaining how decision made"

call to ask for written statemenet of reasons.

write to ask for reconsideration. (but wait for medical report before doing this?)

then appeal...

write to ask for face to face assessment report.

if you ask for written explanation BEFORE you ask for written statement of reasons, the month deadline is not extended.

 

thanks.

[brianjohn]

After harassing ATOS "MYSELF" , they must have got fed up. this is a letter i received. Is the information contained within the report entirely medically reasonable and appropriately justified? The justification does not take account of his fatigue or variability, nor does the justification for the “risk and harm” support group take account of his level of immunity. The continence descriptor has not been properly addressed in the light of the side effects of his medication. These deficiencies weaken the validity of the report even though the descriptor choices themselves may be appropriate. Was the medical examination and interview process conducted in accordance with Atos Healthcare Professional Standards? No, see the above comments. Is there any issue to be brought to the attention of the Decision - Maker? Please refer them to the comments at section although it may be that this report has been superseded by an appeal Customer Relations Medical Adviser Now the thing is "they accept the so called medical was WRONG as was the final Decision". AND YET I STILL ~HAVE TO GO THROUGH ANOTHER TRIBUNAL.. TALK ABOUT MESSING PEOPLE ABOUT. I GUESS THE GOOD THING IS THEY NOW OWE ME OVER 12 MONTHS BACK PAY

[katrina123]

hi, informative thread.

 

quick query, just scored 0 on medical, esa stopped, havnt appealed yet, will do after i ask for

reconsideration and medical report comes in post.

 

And about a new sick note. They say dont send it now as esa has stopped for me, and need to make appeal and Then

send new sick note in, but say if my sick note ran out last week, do i go to my doctor and get it from that day now?

or wait till i appeal and then get sick note dated from the new date the ESA people ask for it (ie appeal onwards)?

not sure if i could get a sick note in a months time to cover the previous month (?)

 

or no matter what, just make sure no gaps in dates, esa or no esa, appeal or no appeal, and just

send them in? or get it now, and keep ahold of it, until jobcetnre ask for it after ive appealed???

 

thankyou

[honeybee13]

Hi Katrina. As this thread dates back some time, I'll move this post to your own thread. Please continue to post there.

 

My best, HB

[katrina123]

letter from doctor to jobcentre to support an esa appeal costs £45?

[honeybee13]

letter from doctor to jobcentre to support an esa appeal costs £45?

 

Who told you that please?

 

My best, HB

[katrina123]

receptionist at the doctors surgery.

also once i was having trouble with landlord/letting agent about unhealthy living conditions, and i asked

doctor if he could write letter on my behalf supporting repairs to environmental health/LL etc, im sure he

said around £40 then too.

[RaeUK]

Crikey, katrina, I'm lucky to have a doctor that doesn't charge me - clearly they have some discretion. Maybe you're able to shop around for a better practice?

[katrina123]

yeh, i think its just a way for doctor to make more money,

Receptionist said as its not internal NHS communication, there is a charge.

Will speak to doctor in person this week.

[speedfreek]

Doctors charge for their time! They can charge you what they like but it has to be reasonable. £40 isn't bad for a letter considering they charge the DWP £75+ for one.

 

What's not so good is the fact that you have involved 2 separate agencies CAB & CLS who have both stated that they will handle your appeal and request all this information, but you're asking questions on here as if you have declined both their offers of assistance and are going it alone?

 

Why? If you've got the offer of help select one and let them do all the donkey work! That's what they are there for!

 

I have a very good Welfare Rights worker handling my benefits. I get an ESA50/DLA form or rejection letter, go and see them and 2 hours later it's done and dusted. As I qualify for legal aid, they will request further doctors letters etc for me if they feel that it is required and the cost of that is covered/paid for by the legal aid scheme.

 

Their basic job is to get you 15 points or a pass under special circumstance. If they didn't think that they could do that then neither of them would have agreed to take on your appeal case.

 

With this business of the 2nd WCA and the complications that brings.... basically you need their help!

 

Back to your current questions

 

Right you appeal; do not ask for a reconsideration as that is done anyway as part of the appeal.

 

Your fit note has to cover you from the date of decision that you were not eligible for ESA. from 1st or 2nd decisions I'm not sure but you need continuity i.e. 1 continues from the next with no gaps.

 

Everything else is answered in the How to Appeal sticky at the top of this board.

[katrina123]

thanks,

cab have not said they will handle my appeal. I just pop in when when stressed out, and they give me answers.

CLS: the guy kept calling me daily, then said he will send me paperwork/contracts to sign, then they will help me.

I did not recieve the contract/paperwork, for them to represent me (legal aid), i was cautious of being charged money.

 

i am going it alone, as no one is assigned to me.

I went to cab last week and the guy immediately said you need a Welfare Rights Worker, so once i appeal and get my

ESA re-instated, cab said come back and they will assign me a WRW. He said i should have had one ages ago. So true.

 

so shall i go back to CLS or wait for Welfare Rights Worker?

 

no one has offered to help me with my appeal. Well, except CLS, but paranoid of being charged money.

CAB actually said DONT deal with them, as they will charge you money. (wasnt the best cab advisor).

 

yes i have continous fit notes.

eg Decision of esa stopped 5th feb, fit note ends 25th feb. So next fit note dates from 25th onwards.

 

thankyou

[RaeUK]

yeh, i think its just a way for doctor to make more money,

Receptionist said as its not internal NHS communication, there is a charge.

Will speak to doctor in person this week.

 

Definately speak to your GP, katrina, especially if you have a good relationship. Anything I have to discuss, such as the odd letter, I always discuss during my appointment. It might help that I've been with the same GP for the best part of 15 years and she knows my circumstances inside out ...

[katrina123]

Definately speak to your GP, katrina, especially if you have a good relationship. Anything I have to discuss, such as the odd letter, I always discuss during my appointment. It might help that I've been with the same GP for the best part of 15 years and she knows my circumstances inside out ...

 

the doctors ive had in my life, when you tell them stuff, they dont write everything down on file (computer). I bet my file is greatly simplified and not much details.

i might have to tell him exactly what to write, symptoms and side affects etc. As i have written on my ESA forms.

[sickovbeensick]

letter from doctor to jobcentre to support an esa appeal costs £45?

 

Wat the hell thats a joke the maximum ive been told i would have to pay is £!5 but i never had to as my old GP before i moved to a nicer better quality home and had to change GPsd now they say any letters are £10 per letter its a joke they shouldnt charge you to write a letter maybe go to your GP and expain that you only get a bit more than 45 a week to lkive on and that that fee is ridiculous and unfair im sure the GP will understand its usually the practice maanger that applies the fees so maybe your GP weillwrite you a letter while your in an appointment with them and youcaqn send copies....do you have an welfare rights advisor if so they will most certainly write to any consultant or doctor onvolved in your care as they did with em and these letter didnt cost a thing???!!!!!!

i hope your GP gets a heart and does you the letter it seems unfair....failing support from your GP write a letter outlining your illness and how it effects yuou be blunt i know its embarraing telling a stranger things about your health buit its easy to do and will probably helpo your case loads and include a photocopy of any prescriptions the pharmacists usually dont mind sorting that out for free i always get copies of stuff like that now as im used to this unfair and ridiculous system whichs cutting everyone off benefits and making genuine people figt for it and altho its fair to get the scroungers off these bens its unfair to us asd we suffer and the stress and upset from the appeal made me nearly have a breakdown so its toughj but when you win you know it was worth it i just hope they leave me alone for a few months to tryu and get uszed to my treatments and there side effects which are usually as bad if not worse as my illbness symptoms and iut took many letters from dif people and agencies to make theDWP realise that my illness is worthy of me claiming as its dibilating but i think there systems are outdated!

anyway good luck qwith getting a letter im sure you will get it sorted one way or another any more questions just ask

good luck

Sobs

[katrina123]

Dont have a welfare rights officer, no idea how to get one, been seeing cab for over a year, now they

say you need one, i needed one before! cab advisors are so hit and miss.

GP letter will be basic i reckon, as he hardly writes down notes when i tell him symptoms and side affects etc.

i might have to tell him what to write. But my ESA50 is so long, GP wont have time to write a proper letter along lines of what my

ESA50 states.

 

me write letter? to who?

 

thanks.