Second ATOS Assesment - Failed

[Sargusfrat]

I had my first ATOS assessment a little over a year ago, passed it and was put into the Work group. I had 2 out of the six meetings with the person in the Jobcenter and she basically told me that if there was anything else she would phone me, but for all intents and purposes she seen I was basically not fit for work.

 

One year later, back to ATOS. I suffer from M.E, I didn't even know what it was until the doctor explained. I was also tested as being RA+, something to do with rheumatic pain, i suffer from crippling aural migraine's every day which literally partially blinds me and then the headache hits which knocks me out.

 

All the same things that i had this time last year. The day of the medical was a "normal" day for me. I hobbled up to the medical center, sat down on the same low chairs, spent 30 minutes in pain, standing up now and again to stop my legs trying to seize up. The medical itself was totally different to the last one. The first medical I had only lasted about 15 minutes. This new one lasted more like 50 minutes. The 'doctor' (if he even was a doctor), had me trying to bend over to touch my toes, I only got halfway there. He then asked me to try and raise my hands above my head, only got half way there, asked me to get up onto a bed...i had to 'back up' onto the bed and sorta slide my rear end onto it...in pain all the way through and I told him this. He had me trying to bend my legs, hardly managed it...then point my toes to the wall, didnt manage that either...

 

...there was a LOT of tests. I walked out of that medical thinking i had went two rounds with a professional boxer. I limped out, and had to rest several times before making the entrance of the medical center.

 

Today, about 1 hour ago, i got a phone call from the local job center from a nice women who actually sounded VERY apologetic that I had failed and she was sending me the report in the mail.

 

...failed...

 

I can't walk more than about 60 meters without stopping at least twice, can't bend, cant lift, staring at a computer screen will almost certainly trigger another migraine (i can see the zig zag lines starting to appear while typing this).

 

For about half an hour before finding this forum I was saying to myself "How the heck am I gonna manage on JSA...i aint fit for work". Now i see a lot more people in the same boat as me...once that report drops through the letter box, im gonna appeal.

[honeybee13]

Hello there and welcome to CAG.

 

Yes, lots of people here have/had the same problem as you, I think you might be the second one today.

 

Appealing is the right way to go and we can see you through that.

 

My best, HB

[Sargusfrat]

Thanks Honeybee

 

When i do appeal and send them back the form plus my doctors medical certificate, will I automatically be put back on ESA under the low rate or do I need to ask them to put me on it?

[honeybee13]

Do you mean the GL24 form?

 

I believe you should stay on the assessment rate while you appeal, although I don't know specifically about a second claim. I would mention it myself, just to be doubly sure.

 

HB

[Sargusfrat]

Well i got the letter today about how i failed...0 points on everything

 

The "doctor" who done the assesment was obviously on another planet and not taking part in the same assessment i was taking part in.

 

There was no GL24 leaflet in the letter, just the letter itself saying how i did not pass. So, I'm gonna download that GL24 from their website and then phone them to tell them I am gonna appeal on Monday.

 

 

After that I'm kinda lost, ive been reading the sticky thread about appealing and it looks obvious now im gonna have to pop in to the local Citizens Advice place here, never been to one in my life...

[Nystagmite]

Ask for the medical report and use that to sort out your appeal.

[honeybee13]

Hello again.

 

If CAB or Welfare Rights will help you, that's great. But I and others have won our appeals using the forum sticky template.

 

My best, HB

[Sargusfrat]

Hello again.

 

If CAB or Welfare Rights will help you, that's great. But I and others have won our appeals using the forum sticky template.

 

My best, HB

 

I'll have another read at that sticky post later on when my head is a bit clearer, its just a lot to take in right now

 

Ask for the medical report and use that to sort out your appeal.

 

Hi, do i ask them when i will phone them up on Monday or do i need to head to the local Jobcenter plus place?

[Nystagmite]

When you phone up on Monday.

[Sargusfrat]

Well, it's started.

 

I popped down to my Doctor, when i mentioned ESA he immediately said "you are doing an appeal", got out his little book thing and wrote me a note. He told me that the amount of his patients who have been getting 0 points on the second assessment after receiving over 15 on their first has risen dramatically.

 

Note in hand i phoned up my cousin to come pick me up and drive me to the local Citizens Advice place. The woman who saw me there was really helpfull. I mention i was reading up in this forum and she nodded and told me that was a good decision

 

She told me the pricess from start to finish, helped me with the GL24 form and said if i needed someone to come with me if the appeal went to the tribunal stage to phone her up. She also told me the waiting time if it did go to tribunal has finally went down...to six months o.O She said at one point folks was waiting a year to go to tribunal and that only now is the backlog starting to abate partly due to more towns having their own tribunal service which was specifically set up only for ESA.

 

She did mention though about the M.E I suffer. When i informed her that the first assessment was done by a much younger 'health professional' she reckoned that the younger ATOS person recognized M.E as a disease. The second assessment i had the doctor was older, much older...put me through an assessment which lasted 4 times longer than the first one with heavy emphasis on physical abilities. She informed me that this was the problem, that I probably went into the assessment on the day with my M.E not too bad as it usually is...and yeah, shes right.

 

She also said that in the tribunal, if it does get to that stage we should put a little more emphasis on the Rheumatic pain, hernia and the daily migraines and use M.E as a back up as again, some older doctors still refuse to look at M.E and something called fibromialgia as a bonafide condition.

 

At any rate, the process is now underway, the appeal letter has been sent, and this forum has helped ease my mind a bit more from the confused worried state i was in at the end of last week

[speedfreek]

Somebody should re-jig 5 years Bowie to Nil points:lol:http://www.youtube.com/watch?v=louXPUW7tHU

 

Well I found my nil pints notification not through my letterbox but on the front mat in the enternce hall of the block of 75 flats I live dates the 6th Feb.

 

Today's the 13th letter dated 6th send 2nd class ?

 

Classics

 

On examination the Heathcare Profesional was advised by XXXXXX that he tended to be forgetful but was aware of this and took care whwn cooking not to burn food. As XXXXXX is aware of this possible danger I havre not awarded any points for this descriptor.

 

So if I don't tell you about it its nil points but if I do its nil points because I'm aware of it \o/

 

Oh look everybody Unicorns \o/ Nil points on recognising a mythical beings which in 15 minutes means you're A1 A OK for work : wave :

[Life-Goes-On]

They make it up as they go along.

 

I'm off to Lourdes next week, to get my duck egg, and entry into the Iron Man competition.

[Sargusfrat]

Hi again folks

 

I just got a letter from the DWP saying that my GL24 was received and that they are looking at the decision.

 

They mentioned "further evidence" that i can send in to help them with their decision...how long do i have to get this "further evidence"?

 

The way the woman in the CAB talked last week she reckons that I should just wait until the thing goes to tribunal...but the worry is driving me up the wall, i want this thing over as quick as possible

[Life-Goes-On]

Quick it's unlikely to be, expect to wait anything up to a year, maybe more.

[Sargusfrat]

So is it worth sending in further evidence now or should i just wait until I go to the tribunal stage?

[Rover87]

If you have further evidence then send it in. It will be looked at by a Decision Maker from within DWP in a process called a Reconsideration. this is the stage before the Tribunal appeal. If they think your reason for appeal and (more importantly) your further evidence can change the decision then they will. Make sure everything you send is as detailed as possible. Basically, spell it out to them how you're affected every day etc.

[Nystagmite]

I would send it in now. You never know, you may win the reconsideration meaning no appeal.

[Sargusfrat]

I'm just wondering, do they send a letter in confirming that I have been placed back on the assessment rate of ESA? Or do I need to just wait for the benefit to be in the bank on a random date?

[Sargusfrat]

Hi folks

 

I had my tribunal today and it was a success, awarded 15 points and put in the WRAG group. My CAB advisor concentrated solely on the aural migrane, stipulating a "Special Circumstances" clause. My M.E wasnt mentioned as my CAB advisor said that the doctor in todays hearings was "a tough one". He was right. The doctor at the tribunal hauled me over the coals for about 30 minutes about my migraine's, how the aural part affected my vision (it basically blinds me) and how the actual headache part affects me...well, its a migraine...dark room, no noises...etc etc.

 

Awarded 15 points however...the letter said I shouldn't be reassessed for 6 months. Considering my original assessment was actually six months ago (february) it looks like I will be hauled into ATOS once again soon for another assessment, given 0 points and need to go to tribunal again. The CAB officer shook his head and said ultimately it was a waste of time. A bitter sweet tribunal win

[abc123def]

Well done on your success there sarg. It makes no difference what the Tribunal service recommends wrt assessments anyway, the DWP can disregard that. Here's hoping you have time to feel a little respite from the persecution.

[worried33]

and the CAB guy is right, the victory is for the extra money only because if you 0 points again then its another 6+ months of handing in sick notes, appealing etc. The real benefit is uspposed to be that they leave you alone in peace but winning an appeal seems to not give you that sadly.