ATOs 'Healthcare Professionals'

[cleaver]

the Medical Assessment is what it says a Medical Assessment, if you reach 15 points you past the Assessment, this why they tell you to take your Medication with you, so that they can list down, what you take and when you take the medication, all they done is change the name of the Assessment, no more and no less, the Argument that needs be sortout, are they Doctors and Nurses and are they Registered and Licence with GMC, if not, then they cannot call themselves Doctor or Nurses and they may not be in their right to carry out such Assessment

 

I will put another way, In 2003 I caught a cold, within 24 hours I had an infection in my Lungs, I asked 3 Doctors for Anti Biotics each time I was refursed, the Doctors said I had Asthma Attack and I had no infection, in the August of the same year in the early hours of the morning, unknown to me, mywife call an Ambulance, within a few minutes an Ambulance arrived, injected me and started to give oxygen, in the Ambulance I was again injected and used oxygen, the Infection that 3 Doctors said had gone was found by Nurses in ICU, the Infection caused 2 major Asthma Attacks,

 

Once I returned home, Filed a complaint with the PCT, had a number of meeting with the Doctors, PCT and CAB, I received compensation has a out of court settlement, the Doctors no matter where they from who they work for, Own a duty of care to patients and that is part of the code of conduct that all Doctors must comply with.

 

Thanks,

 

So sorry to hear about that. For over a year my right leg ached 24/7. Went to the GP 3 times and was told that it was arthritis. After 12 months of this with the pain becoming worse week by week, I ended up in A&E. I felt a right fraud for being there but my wife insisted.

 

result - artery blocked in 3 places in right leg - may lose it!

What happened to the arthritis then I asked. Arthritis? It has never been arthritis you have had a major problem for over 12 months of a blocked artery - can't you see the colour difference to both legs? Have you not noticed the loss of all you hair off your right leg?

 

Kept the leg thank goodness but it was touch and go. That's how they found out that the left one is going the same way!

 

Spoke to the GP when i came home and they were so surprised and apologised.

[cleaver]

It's a WORK CAPABILITY ASSESSMENT, They are assessing your ability to work, that's ATOS role.

It's not a medical or about your disabilities it's about your capabilities to work. That is all the HCP is looking at.

 

Ah! so the DWP are right when they sent me that letter. They have decided that I am capable of working. Must mention that when I sign on! Let anybody say that I am not - that's what I say!!

[cleaver]

Indeed my DWP WRAG advisor actually helped me get into the SG, she could see with her own eyes I had 2 SG descriptors from ATOS and arranged for ATOS to send further evidence to the DM. My initial impression of her was wrong when I first posted about my WRAG interview on here.

 

There is also the DWP manager who I was in touch with following my complaint made last year to the ICE, eg. I was wrongly been asked for sick notes even tho I was on long term IB and she got that fixed for me.

 

But at least you were awarded ESA in the first place! My worry is having to work with the jobcentre when i put my jsa claim in. I wonder if they will be as sympathetic?

[Guest]

exactly cleaver and this is the position they are putting people into......so if the dwp say your fit to work....and the jobcentre says your not.......?????

 

another farce courtesy of the atossers

[worried33]

But at least you were awarded ESA in the first place! My worry is having to work with the jobcentre when i put my jsa claim in. I wonder if they will be as sympathetic?

 

if you appeal you wont have to claim JSA, instead will be on the ESA assessment rate.

[Guest]

well lets hope that continues to be the case after April when the new appeals system is in place, as yet there is no decision whether this will be paid while they reconsider if you ask for appeal initially, and they have no time limit set, so a claimant could be getting nothing during an unlimited time while the dwp reconsider before it can be sent to tribunal........which is what I am getting at as well. Some people already feel forced into the jsa only to then be refused that as well. it seems it will only get worse.

[cleaver]

well lets hope that continues to be the case after April when the new appeals system is in place, as yet there is no decision whether this will be paid while they reconsider if you ask for appeal initially, and they have no time limit set, so a claimant could be getting nothing during an unlimited time while the dwp reconsider before it can be sent to tribunal........which is what I am getting at as well. Some people already feel forced into the jsa only to then be refused that as well. it seems it will only get worse.

 

Thanks,

 

Yes that is what I heard too.

 

In my case I have run out of options, there is no more evidence over and above what ATOS and the DWP have had and discounted.

 

Of course I could argue that what ATOS have reported is not what I reported at the assessment, but who am I?

 

I'll try my luck at JSA and see what they say. If they tell me that I am too ill to even consider going back to work then the argument is between them and the ESA people and nothing to do with me. Someone has to accept responsibility for me.

[cleaver]

Something has just dawned on me. My wife gets Attendance Allowance (since May 2012) at the highest rate and I could if I wanted claim Carers Allowance for her. That would cause a few problems for them at the jobcentre as they wouldn't be able to send me on one of those work thingys.

[Nystagmite]

Something has just dawned on me. My wife gets Attendance Allowance (since May 2012) at the highest rate and I could if I wanted claim Carers Allowance for her.

 

This is what I would do personally. OK, it's a bit less than ESA; but you won't be put through assessment after assessment.

[Guest]

sounds like an option worth considering

[cleaver]

This is what I would do personally. OK, it's a bit less than ESA; but you won't be put through assessment after assessment.

 

Thanks,

 

Yes it does sound a good idea, I couldn't claim for her before as I was receiving ESA and all I would have got was an underlying entitlement - no money.

 

I know it is about £50 a week less than the ESA support group payments, but only £20 or so below JSA!

 

It seems the way forward. There is no need to appeal against the ESA decision then and no need to sign on - WoW!!!

[antone]

If you were to claim CA for your wife, couldn't you also claim IS as a carer?

[Guest]

yes I think antone is right

[RaeUK]

cleaver, as we said on your other thread, if you're medically unfit for work you would have to appeal the ESA decision. You would not be fit for JSA and that is not an option despite what the DWP state. The option, however, of CA etc sounds interesting.

[worried33]

although be awar eyou may get the run around on the alternative as well.

 

Not all of us think ESA is the hardest benefit to get, I have been turned down for DLA twice eg. and in my experience that seems much tougher to get.

[estellyn]

although be awar eyou may get the run around on the alternative as well.

 

Not all of us think ESA is the hardest benefit to get, I have been turned down for DLA twice eg. and in my experience that seems much tougher to get.

 

For both esa and dla, two people can have the same effects on them from their conditions and get two different results. Both are dependant on how the conditions are presented in writing for dla and in writing (esa50) and in person for esa. For both benefits there are the unpredictable variables of the decision maker, due to the subjective nature of the benefits, and the added variable for esa of the atos assessor.

 

If you have no problem with esa then it may be that your conditions aren't coming over well on the dla form and are more easily evaluated in person - maybe you could request an assessment for dla. I can't remember if you have physical or mental health issues, but mental health can be very difficult to get across on a dla form - they're not designed for it. The descriptors for pip do at least seem more mental health appropriate.

[cleaver]

If you were to claim CA for your wife, couldn't you also claim IS as a carer?

 

Thanks,

 

Yes IS is a possibility but like Pension Credit we would be excluded due to savings.

 

We sold our house as neither of us could cope with the garden or DIY jobs any longer.

 

We just banked the proceeds which we are using to pay the rent on a small flat. We are excluded from all means tested benefits. Obviously when the capital gets down low enough to enable a claim to be made, with our health, we will be both gone from here permanently!

[antone]

I see. Sorry, I missed where you said you couldn't get SPC because of savings. Well, if you can do it financially, CA may indeed be your best bet. All the best.

[cleaver]

although be awar eyou may get the run around on the alternative as well.

 

Not all of us think ESA is the hardest benefit to get, I have been turned down for DLA twice eg. and in my experience that seems much tougher to get.

 

Thanks,

 

I have found it to be the opposite. My DLA claim was accepted without question although, like ESA. I sent in a large amount of evidence plus the Enhanced Care Plan from the CMHT and the report from the OT department of Social Services. They however did contact my GP who bsically confirmed everything that I had said.

They then awarded HRM & MRC indefinitely. Very professional and helpful.

 

ESA - well that is another thing isn't it. If it's not the attitude and tone of the assessor that was wrong, it was how the questions were asked and the obvious contempt shown. I will not be made to feel insignificant by anybody, nor will I accept rudeness and lack of respect.

[Nystagmite]

The questions are asked in such a way to catch you out. For example, if you're asked do you watch TV? they assume you have no issues sitting for long periods and have no concentration issues. I do watch TV; but half the time can't tell you what's happening and do have to get up during the breaks.

[worried33]

For both esa and dla, two people can have the same effects on them from their conditions and get two different results. Both are dependant on how the conditions are presented in writing for dla and in writing (esa50) and in person for esa. For both benefits there are the unpredictable variables of the decision maker, due to the subjective nature of the benefits, and the added variable for esa of the atos assessor.

 

If you have no problem with esa then it may be that your conditions aren't coming over well on the dla form and are more easily evaluated in person - maybe you could request an assessment for dla. I can't remember if you have physical or mental health issues, but mental health can be very difficult to get across on a dla form - they're not designed for it. The descriptors for pip do at least seem more mental health appropriate.

 

Its for mobility.

 

The tribunal service by the way have informed me twice they plan to rule in my favour barring any new evidence favouring the DWP argument which is great news.

 

They have told me they have contacted the DWP twice to do a reconsideration to stop wasting time, but the DWP keep refusing stating "lack of clinical evidence". But Because of the DWP stubbornness I have to now wait for the tribunal hearing date. I suppose the good thing is I will get a fat wad of backpayment when the day comes.

 

The reason I think I am failing is DLA seems to rely more on solid diagnosis and claimant submitted evidence than ESA does, ESA is more favourable to those with poor diagnosis and who have useless GP's (at the time I claimed DLA I was been managed by locums) as ESA places more emphasis on the WCA. Because PIP seems to be planned to place more emphasis on assessments I may even find I get PIP without too much hassle.

[Nystagmite]

It does seem to be that a diagnosis helps with DLA. I don't have a diagnosis for an ongoing neck problem and despite that the fact it can cause a lot of issues, (it affects my shoulders too) they've decided it doesn't.

 

I was told to reapply for DLA once CMHT had stopped messing me about and given me the evidence I'd asked for.

[estellyn]

Its for mobility.

 

The tribunal service by the way have informed me twice they plan to rule in my favour barring any new evidence favouring the DWP argument which is great news.

 

They have told me they have contacted the DWP twice to do a reconsideration to stop wasting time, but the DWP keep refusing stating "lack of clinical evidence". But Because of the DWP stubbornness I have to now wait for the tribunal hearing date. I suppose the good thing is I will get a fat wad of backpayment when the day comes.

 

The reason I think I am failing is DLA seems to rely more on solid diagnosis and claimant submitted evidence than ESA does, ESA is more favourable to those with poor diagnosis and who have useless GP's (at the time I claimed DLA I was been managed by locums) as ESA places more emphasis on the WCA. Because PIP seems to be planned to place more emphasis on assessments I may even find I get PIP without too much hassle.

 

Where dr's evidence is lacking, this is where actually requesting an assessment for DLA can be beneficial. At least with eSA someone sees your difficulties, but yes, I've seen lots of DLA claims refused where a GP has put 'not known' in every box o the enquiry form.

[worried33]

in my case the GP didnt reply to their evidence request.

 

Incidently I have now moved surgeries and have a good permanent GP now.

[estellyn]

in my case the GP didnt reply to their evidence request.

 

Incidently I have now moved surgeries and have a good permanent GP now.

 

Well that should certainly help you.