I failed the Atos assessment, what do I do now?

[sabboo]

I had an atos assessment 3 weeks ago, and Monday received a phone call that I am no longer entitled to ESA and my options are JSA (which isnt an option as I am in no way fit for work).

 

Or to appeal the decision which is my only option and I put an appeal in Monday,

since Monday I have had my initial assessment form back in the post to find out I score zero points!

 

Upon reading the assessment I find a fabricated series of lies painting a rosey story about my perfect health, every health problem I have has been omitted and this story mentions things which leads me to assume I have received somebody else's assessment, this wouldn't surprise me as my name is spelled differently every time it is written and it says things like im a regular cinema visitor (once in 6 years I wouldnt call regular) among others which has infuriated me beyond relief,

 

I have started a complaints process which I feel will go nowhere. I have had my benefits stopped and today found out I need a sick note and I have got an appointment with a doctor on Monday.

 

The stress is causing my illness to flair up, Im going to end up loosing my flat and despite visiting CAB and CLAC the latter of which is helping me fight my appeal (I hope),

 

I don't know where I stand or what Im supposed to do. Nobody told me I would need a sick-note to receive benefits during the appeal process, what surprises are still to come?

 

Can anybody help?

Edited November 30, 2012 by honeybee13
Spacing for easier reading

[honeybee13]

Hello and welcome to CAG.

 

I've moved your thread to the benefits forum where I think you will get some help from people who understand what you're going through.

 

My best, HB

[RaeUK]

No surprises - well, not until you receive the full assessment report which you will in due course. Don't take it personally, ATOSH lie about most people, so you're not alone. The important thing is to get your appeal in, which you say you have done, then keep on top of those (un)fit notes. You will have to send them in until your tribunal hearing / change of decision which can average a year. Make sure you diary when it runs out and get a new one in a week or so beforehand (it doesn't matter if they overlap).

[debt4get]

also to add to rae's message, make sure you tell them you want to claim esa at assessment rate otherwise they tend to ignore paying you anything....put in the appeal...mine has just been heard and it was adjourned as they wanted my doctors report. so it looks as though i may get a result...

[osdset]

What can I say? Apart from welcome to the club.

[honeybee13]

Hi guys, thank you for replying to our newbie.

 

My best, HB

[sabboo]

claim esa at assessment rate! Who or how do I contact someone to get this sorted! Should I go back to clac when I get my sick-note and get them to sort this out? According to the jobcentre telephone person its not against my welfare rights for them to not pay me anything! Monday tomorrow and the start of another week of stress, I would love to be able to find work, but my illness prevents me from doing this, I get physically exhausted so quickly and damage my bones and muscles very easily, of course the atos assessment failed to mention any of this, and I am scared to find work as when my illness looses me my job I don't know what rights I would have, and I certainly cant claim job seekers as the staff will say i have a clean bill of health thanks to the lies written on the assessment. What is the full assessment report? I can only assume I already received this stating things like I'm a regular cinema visitor ect

[Nystagmite]

You need to contact your local benefit delivery centre. Their details are on any letter they sent you.

[debt4get]

claim esa at assessment rate! Who or how do I contact someone to get this sorted! Should I go back to clac when I get my sick-note and get them to sort this out? According to the jobcentre telephone person its not against my welfare rights for them to not pay me anything! Monday tomorrow and the start of another week of stress, I would love to be able to find work, but my illness prevents me from doing this, I get physically exhausted so quickly and damage my bones and muscles very easily, of course the atos assessment failed to mention any of this, and I am scared to find work as when my illness looses me my job I don't know what rights I would have, and I certainly cant claim job seekers as the staff will say i have a clean bill of health thanks to the lies written on the assessment. What is the full assessment report? I can only assume I already received this stating things like I'm a regular cinema visitor ect

you need to get a form called a GL24 this is available either from the dwp or on the internet, at this stage all you need to do is fill it in, saying you disagree with the decision and you would like it looked at again, also add to the form that you wish to claim esa at assessment rate...ring the dwp monday morning and tell them you want to appeal and want to be paid at assessment rate..this is what i did and had no break in payments they set it up there and then on the phone...after you have filled in gl24 and remember you only have one month to return this form, you wait and see if they reverse the decision or send it on to the tribunal service, they will write and tell you of this...they will also send the full report for you to read and take apart at your leisure..if you need any more help just post

[udaymorjaria]

claim esa at assessment rate! Who or how do I contact someone to get this sorted! Should I go back to clac when I get my sick-note and get them to sort this out? According to the jobcentre telephone person its not against my welfare rights for them to not pay me anything! Monday tomorrow and the start of another week of stress, I would love to be able to find work, but my illness prevents me from doing this, I get physically exhausted so quickly and damage my bones and muscles very easily, of course the atos assessment failed to mention any of this, and I am scared to find work as when my illness looses me my job I don't know what rights I would have, and I certainly cant claim job seekers as the staff will say i have a clean bill of health thanks to the lies written on the assessment. What is the full assessment report? I can only assume I already received this stating things like I'm a regular cinema visitor ect

Cinema visitor? how dose this effect esa?

[sabboo]

I dont know, its just one of the lies put on my report to avoid putting my medical problems in that section, its like reading a story, about someone else!

[udaymorjaria]

I dont know, its just one of the lies put on my report to avoid putting my medical problems in that section, its like reading a story, about someone else!

You mean it is in report that you go to movies if yes so what lots of disabled people dose I did not know this

[RaeUK]

I assume it's just a variant on the 'do you watch tv?' question. If you go to the cinema than you can sit still for up to two hours. Nil points for that descriptor ...

 

(You have to remember it's a work capability assessment. It's about how your disability or illness can affect what work you can do).

Edited December 2, 2012 by RaeUK

[debt4get]

going to the cinema, means to atos that you can move, sit , listen and watch, and concentrate for at least 90 mins, this means to them that you can get a job, as you could do all the latter....as rae says that means you then fail the descriptor..hence 0 points....everything they ask you is designed to show how you can function...the only true way to pass the test is to be 'not moving, not breathing, showing no brain function, and be unable to fog a mirror with your breath...that is the only sure way to pass with RATOS, if you tell em you go to the cinema this says to them...you can leave the house, travel to the cinema, watch film, return home...all the things you theoretically do to go to work!!

[Nystagmite]

Going to the cinema also apparently proves that you have no problems outside.

[debt4get]

they are catch22 questions Nys...do you watch tv? yes! so they put can concentrate and sit and watch a screen for x amount of time...

do you cook? yes...so you can feed yourself!! do you wash? yes!! so you are self sufficient and so on and so on....all the time telling the truth you are actually hanging yourself

[estellyn]

Going to the cinema also apparently proves that you have no problems outside.

 

Indeed, I've seen 'goes to the cinema' used as justification for not scoring points for mobility - our local cinema is at least 50 metres from any drop off point - and the client had just answered yes, and not realised she needed to point out she'd been pushed in a borrowed wheelchair from the car park.

[estellyn]

they are catch22 questions Nys...do you watch tv? yes! so they put can concentrate and sit and watch a screen for x amount of time...

do you cook? yes...so you can feed yourself!! do you wash? yes!! so you are self sufficient and so on and so on....all the time telling the truth you are actually hanging yourself

 

There's a thread here somewhere about ESA medicals that says about yes/no answers - as in don't answer yes or no to anything that might be used in order to either score you points or stop you scoring points. Give as much info as possible to every question.

[honeybee13]

There's a thread here somewhere about ESA medicals that says about yes/no answers - as in don't answer yes or no to anything that might be used in order to either score you points or stop you scoring points. Give as much info as possible to every question.

 

Hello guys.

 

Estellyn, do you mean leemack's sticky about Atos 'medicals'? It's really good.

 

My best, HB

[estellyn]

Hello guys.

 

Estellyn, do you mean leemack's sticky about Atos 'medicals'? It's really good.

 

My best, HB

 

Yes, that's the one.