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My overall Benefits journey from 2013 to date - and on going still!!


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i am curently in litigation with atos

our occupational health was replaced by atos.

started having realy bad knee problems and was refered to atos who did an assesment.

there response to royal mail was i was exagerating my condition and recomended return to full time duties.

this was in july.

 

i am currently of sick at the moment after having surgery on my knee for a torn ligament

 

this atos is paid to get people back to work under any circumstance, it stinks

 

see you in court atos

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I find all this most disturbing. I am about to apply for IB (or whatever they now call it). I have worked for 30 years but now have such sever arthritis in my spine that even the most slight movement is painful.

 

If they want me to have any mediacl interview it will be with a qualified doctor or not at all. If they want further information they can talk to the doctors, consultants and surgeons who all know my history.

 

If I have an interview with an ATOS doctor, I will be recording the entire conversation. They will be told this and if they decline then they must have something to hide.

 

Utter disgrace. I, like many disabled people, am genuinely ill. It makes my blood boil when I see what I may have to go through when I am surrounded by layabout yobs who have no ambition to ever work. FFS, I was in the forces and ready to give my life for this blasted country and this is how I get rewarded is it?

 

Disgusted.:mad:

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If they want me to have any mediacl interview it will be with a qualified doctor or not at all. If they want further information they can talk to the doctors, consultants and surgeons who all know my history.

you must get a doctors letter sent to ATOS ORIGON asap and inform them you need a home visit...also in your letter to them you must empathise the nature of your illness makes it almost impossible to visit them also that you reaquire a full general practitioner to do the examination...then set up a web cam at home dont bother telling them something they dont need to know...plus they would be even more determined to find fault so play ball by getting the home visit

patrickq1

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JimmySpangle I too have worked for 35 years full time and raised a family. I have a crushed spine at T12 and damage to L5 plus compression and arthritis of the spine and the rest of my body. I have osteoporosis as well. I have been placed in the category of limited capability but can work. I only left work in June as I was suicidal with the pain from sitting in a chair. Apparently the reason they gave me is that I am going to get better later on. I said my illness is degenerative and they said yes but a man once had an amputation and he learned to live with it. Exactly, they are mad as hatters. They have a software that asks questions deliberately obscure so that you cannot say yes but by saying no you get no points. I am fighting and I will never give up. They are cruel and out of order.

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I haven't come into contact with ESA/Atos but I have signed the petition to protect DLA/AA from being wiped out in the goverments future plans.

 

1000 more sigs are needed to make it into the top 10 petitions. If you haven't already signed, do it now :)

 

Petition to: recognise the vital support that Attendance Allowance (AA) and Disability Living Allowance (DLA) provide to disabled people, and to ensure that these benefits are secured and are not removed as part of any future reform of the social car

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MKB - I think you will find that is one of the reasons behind introducing ESA, the majority of people on DLA will be on ESA and that way they can say it is not a viable payout as it is better for the local authority to have it. I believe that we are going to be subjected to more and more restrictions in the UK and will end up unable to go out or do anything through lack of care and funds.

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And IMHO, thats why we should be signing the petition.

 

I also have a degenerative spine and get MRC & HRM. I've been examined twice by Atos in last 10yrs but now have DLA award for life :(

 

The whole issue of getting people off benefits regardless of their medical conditions is scandalous but I feel it's quite difficult to seperate the genuine claimants from the pretenders.

 

Did you watch that recent C4 series? The govt paid millions to a company to get people off benefits & did no favours to those in genuine need & reinforced the views of many that sickness related claimants are spongers :mad:

 

I also think that each case should be assessed individually - an amputee may be able to cope with adaptations to their working environments but someone with a spinal condition or ME just never know how they're going to be from one day to the next so, even if they were deemed able to work, few employers would even be likely to take them on cos they need a reliable workforce.

 

Climbing off my soapbox now :rolleyes:

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JimmySpangle I too have worked for 35 years full time and raised a family. I have a crushed spine at T12 and damage to L5 plus compression and arthritis of the spine and the rest of my body. I have osteoporosis as well. I have been placed in the category of limited capability but can work. I only left work in June as I was suicidal with the pain from sitting in a chair. Apparently the reason they gave me is that I am going to get better later on. I said my illness is degenerative and they said yes but a man once had an amputation and he learned to live with it. Exactly, they are mad as hatters. They have a software that asks questions deliberately obscure so that you cannot say yes but by saying no you get no points. I am fighting and I will never give up. They are cruel and out of order.

 

Wow, this is a great forum. I was in tears reading these last few posts. This is very close to home for me and it is actalually nice to see someone else in a similar way to myself - I do mean that in the nicest way by the way!

 

I have osteoarthritis. It is in L3-L5. It is so painful ALL THE TIME. It never, ever stops hurting. I can akin it tro toothache, being mild toothache permemantly, changing to severe or raging at times depending on the time of day and what I am doing.

 

I can walk with relative ease, but it causes me pain. I am on the higher rate of DLA mobility component for life. I use a walking stick when walking. This is always in my right hand, but because of surgery to my right shoulder earlier in the year for Calcific tendonitis, I cannot use the stick in that hand yet and it is unbalancing me as well.

 

On top of that I have severe tinitus and that makes life hell in itself.

 

I am more than capable of driving to them and having an assessment, but fail to see why I should have any assessment at all. Without meaning to make light of any amputation, it is not the same as arthritis. I have said many times that if this pain was a leg, I would have it removed gladly!

 

I may be wrong, but in general once a leg is amputated, the pain stops and other than having one leg, there is no further medical problem other than getting used to a prosthetic limb. I must stress that I am not trying to belittle this in any way, so I hope nobody takes offence.

 

Having arthritis in your spine is so restricting. let me run through a typical day quickly. I wak at around 6am. I am in moderate pain and discomfort having been in pain all night and in a lot of pain every time I tuned over. By the time I have had breakfast the pain will go from a 4/5 up to a 5/6. I sit down and the pain goes up. I get up and the pain goes up. I walk and the pain goes up. I stand and the pain goes up. I sit back down and the pain goes up.

 

I am sure many can relate to this whilst others may quite understandably conclude that this must be made up. I wish it was.

 

It is usually mid afternoon when I can take the pain no more and head for the dihydracodeine. This on top of the diclofenic I take during the day anyway.

 

By the time I actually get to sleep, usually about 1am I only want to sleep so the pain goes for a few minutes, until I awake in pain to turn and try again.

 

Boy, it is hard to write! I am angry, upset, frustated and all of the above. To think that some tosser with a laptop will decide if I can work or not make my blood boil.

 

I want to work! I am happy to work, I am just not in a position where I can without causing me further pain. I shouldn't have to go through that should I?

 

I cannot do a standing job. I cannot do a sitting job. I cannot do a walking job. What the hell can I do? I am highly intelligent, well educated and (as you may have detected) fairly strong on my opinions.

 

I am also broke, about to file for bankruptcy and have feelings that I would rather I didn't sometimes - don't worry, I am too much of a coward to actually harm myself. But there are times when I wish it all just ended.

 

Anyway. I wanted to say thanks for the comradery and support here. It is very humbling when I read of others pains, suffering, plights and battles with those in power that frankly need a chainsaw enema!

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MKB I do not believe for one moment that ATOS have got rid of any 'spongers' only sincere claimants. It is a question of being able to sustain a job or sustain a movement, both items missing from any software questions. I too have top DLA for life but I am still being told I can work. I gave up in June a job that paid alot of money. Why on earth would I have to do that if I can work? It does not matter if somebody can adapt, they adapt to improve their life not to work so it makes their life more painful. People who have ME are being told they can sign on at the Job Centre, most of them are not even getting ESA once ATOS sees them. And being awarded DLA for life is not going to save anybody. It will be gone, fact. This is what the entire thing is leading up to. I really feel for you JimmySpangle, the pain levels are awful. I have fentanyl 75mcg patches which is stronger than morphine, tramadol, amitriptyline and levels are still about 8. The exhaustion is also another part, falling asleep all the time.

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Leahkins - it seems to me that you appear to think that I am somehow defending the govt in this. I can assure you that I absolutely am not!

 

Disabilities are hard enough to cope with at any time & the thought of having the extra bit of money taken away is frightening in that the effect this will have will be shocking.

 

Thats why I believe that we need to petition against the calls to remove this money & by doing so, we can show that we're not prepared to let this happen.

 

Look at what's happening with Income Support now ESA.

 

Are you prepared to let the govt do that with DLA & AA? I know I'm not & if signing the petition shows the govt that we're not prepared to simply accept it, then I sign - no if's, buts or maybes.

 

Apologies if I have read your replies in the wrong way.

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I was at my own doc yesterday, and we had a long chat about my illness and ESA, and she admitted she was shocked at the amount of people getting knocked back for ESA like myself. She is appalled at the system and how it can completely disregard Specialist reports and GP reports. Who knows the patient better - The GP who sees the patient evrey other week, or the ATOS one that sees the patient once!!

 

She says a lot of GP's are very unhappy about the situation, as ATOS medicals are declaring people fit for work when they are not, and those who have no idea about the appeal system are being forced back into work and those with a genuine illness are not getting the proper support. It can knock a patient's treatment back so far that it takes longer for them to get better.

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Apologies to you mkb as I did take your answer the wrong way! I have signed the petition and have got a further 22 people to do so too. It really breaks my heart to think of those disabled people who do not have a loving family like I do who pop over all the time and support me emotionally. How must they feel, how frightened and worried. Mans inhumanity to man is putting it mildly.

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Did you watch that recent C4 series? The govt paid millions to a company to get people off benefits & did no favours to those in genuine need & reinforced the views of many that sickness related claimants are spongers

 

i think you will find the CONSERVATIVE PARTY have employed the services of the same person that labour used in there determination to sort out the claims system...MR FReud i think his name is....DLA is also now been admitted as being ready for a purge by the Labour Goverment this has been admitted by a Cabinet minister......

patrickq1

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I wrote a violent letter to old Freud lol and it was powerfully violent I can tell you. I told him (this is not the savage bit) that before he danced up and down with glee saying we were all poor little people dependant on welfare without skills that I had only left work in June this year and had a list of skills so I thought maybe I must be dependant on work! He is such an idiot. All I got back was an acknowledgement of my email, not even a letter. They are all cowards. The Tories are rubbing their hands with glee. I wrote to the Liberal party to hear their views and after 12 emails had to face the fact that even a Liberal is not interested in the disabled. Nazi party springs to mind. Next we will get beaten up by people and called all sorts of names just for being disabled. If the government has no respect nor will the people. Honestly I have never been so mad about something in my entire life. People who do not suffer pain honestly have no idea and what about the mentally ill who suffer dreadful depression that is not visible in terms of injury, that is painful too. I told Freud to at least have the honestly to wrap a bullet up for everyone on benefits and send it to them.

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lol i think you have just put yourself on the target list for more hassle huh....

i was fighting with the DWP startied in 2003 and was ongoing until my last meeting with the DWP top brass ,i then realised that the MP who was supposed to be helping me was more interested in chatting to teh one person who i had a gripe with about the function they both attended a few days before old boys network i saw red almost blew a fuse instead i had a severe angina attack and collapsed they had to rush me to hospital they found i had fluid in my lung and another few hours i would have been finnished...

my contention was all about ATOS ORIGON not supplying the DPA and sar ,Atos passed me fit one week before i went into hospital for a 8 hour operation although i did not mention it to the atos person but i did tell him i had severe cardio vascular problems and he should check with my doctor , isnt it funny i had only just come out of hospital two weeks he had passed me fit unaware that i had had the operation ,and also the decision maker had altered records to suit there purposes i am still awaiting them finding the records that have apparently dissapeared and they say most likely destroyed..so i took my complaint to ICE and still await their aknowledgement ....to date been some 9 months now you have to go through so many hoops before ICE can get involved ..so be prepared for a lot of hassle before hand,do not allow them to invite you to meet with them to discuss compensation claims if you do make sure you get a good independant benifit advisor with you

patrickq1

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I have a 2nd medical tomorrow which I do not understand. I am scared of nobody don't worry and I know some very powerful media people. They also told me in an email that my condition was going to improve and that is absolute rubbish. Degenerative means degenerative. They are even trying to change the meaning of words now!

I think that is terrible what happened to you and your condition means you should not have any stress or worry.

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after 4 months i have just had my letter/form from the tribunal service regarding my appeal for incapacity benefit. my pyschiatrist has written me a letter which i have just sent on to them, he states in it that he wholeheartedly supports my case for appeal, and gives details of my treatment and his proffessional opinion etc, i am also in the process of building my statement for them and my CPN who is giving me 1 to 1 therapy is also preparing a letter in support of me, all this will be with the tribunal service within the next 10 days, the letter from the tribunal service stated this was the best way as any new stuff on the day could create the need to adjourn etc, so all evidence in asap was the best way, i have asked for an oral hearing as this is also thought the most successful way. i have heard that if the tribunal views the evidence prior to the hearing that on some occasions the case has been struck out if it is obvious that one side has more evidence and it looks like they will win, saving the tribunal service unnecessary time etc, i am wondering if anyone else has heard of this? i have been told that my hearing will not be until january due to the amount of hearings in the pipeline.

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"Struck out" cases in appeal terms, are cases which the tribunal service have rejected either because:

 

1. the claimant has no grounds to appeal; for example, a claimant submits a claim for a Sure Start Maternity grant from the Social Fund, but is not in reciept of a qualifying benefit. She states in her appeal that she does not think it is fair that she doesn't qualify because she isn't in reciept of benefits and expresses she has paid taxes for a number of years. A claim such as this will be "struck out" because it is specified within the regulations that one of the conditions of claiming a Sure Start is that the claimant must be in receipt of a qualifying benefit. The claimant does not feel the decision is fair. The appeals tribunal are not there to decide if the law is "fair" or not, as it cannot change the law; they exist to decide if the law has been applied correctly. By the claimant's own admission, she does not receive a qualifying benefit and is therefore not eligible. There are no grounds for appeal.

 

2. A claimant has not responded to correspondence issued by the tribunals service within the time scale given to them.

 

An appeal is never "struck out" to make an award to a claimant. A "struck out appeal" is a rejected appeal, which ends there and then.

 

What happens at the tribunal's decision is they may "dismiss" the original decision, or "set it aside" because it is wrong in law. The tribunal will consider the new evidence and can sometimes (depending on what the evidence is), take it into consideration and uphold the claimants appeal. This means writing to the DWP telling them to make an award. Other times they cannot take the evidence into consideration as, had it been available at the time, the decision would have been drastically different (though could still be a refusal) and will send the case back to the DWP to make a new decision on it, in light of the new evidence. This is not the same as being "struck out".

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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oh i see....the plot thickens then, it will be obvius to the tribunal that i was ill at the time of the test, and that my written statements to the dwp were true although ignored/disbeleived in favor of the atos doctor, i will have it in my statement to the tribunal that i made the atos doctor aware also and that wasnt in the report, my pyschiatrist has stated in his letter that this illness has affected me for many years, am just wondering what will happen, surely they will not over ride the mental health prof in favour of the dwp clerical staff and a non qualified atos assessor? it seems crazy in itself to have to wait til jan for a hearing, unless of course they ask the dwp to think again now that i have been given the latest letters.

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The problem is, the DWP are not obliged to take into account letters from any other medic, as the test relies on their own assessments by ATOS. However, the tribunal DO allow your own medic's opinions to be considered.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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i cant think about this anymore lol its making me stress, how absolutely ridiculous, a non qualified person making judgements, beggars belief.............i need a pill lol......

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  • 2 weeks later...

Hi everyone this is my first post

I am trying to get as many people as i can to let me know what happened when they went for a medical or had one done in the house by an atos emp/hcp.

I was advised by my gp and a girl who worked in the job centre to apply for dla. I sent for the for the forms and i spent 4 weeks reading about dla and how to apply. I sent the forms away and expected to be given it as my dr was backing me.

This is when it gets good.

The dwp sent an emp/hcp from atos to do my medical in my house.

just before he arrived i got a bed delivered from the district nurses to try and help with my sleep problems . When the emp arrived he made a comment about the bed and i explained who sent and why. I was suspicious from the start as he parked his car 4 houses away. He went through his medical asking me a few questions about my disabilities, i explained that i had neurological problems effecting my right side i also told him i had extreme allergies to fragrances (he noticed his aftershave was effecting me)and i also had numerous food allergies . The allergies effects me 24 hrs a day 7 days a week. The only other tests he done was to ask me to lift my right arm, walk app 6 feet and do a peak flo test once will i was sitting down .

He then asked me if i had a repeat prescription even though i had left all my medication out for him, he said it would save him a lot of time. I went on to tell him that not all of my medication was on the prescription but he took no notice.

When i got letter from the dwp telling me i wasnt entitiled to any part of dla i was quite shocked, so i asked them to send me copies of my application, my own gps report and a copy of the emps/hcps report .When it arrived i had to phone the dwp to get the emps report translated. When the translated copy came in i was totaly shocked to read what the emp had wrote. He had left out some of my medication, he had disagreed with himself , he put down the opposite of what i told him and lied on more than one occasion.

Since then i have written to the dwp/atos and asked questions under the foi act , i am at the second stage of complaint to atos , i am complaining to the gmc , i have won my appeal for dla ( i still have a problem with the award ).

I have started to look at sites like this one and i am totaly shocked at the amount of people that have had to go through worse than me . Quite a lot of people have gave up.

I am looking for people to post messages on sites like this one and explain what happened to them when the either went to an atos medical ct or had a medical at home. I know this wont be easy but if we can get enough people to complain about atos then eventually something will get done.

I have already posted a similar letter on yourable.com and have had a good response.

I know that the emp/hcp done my medical wrong, i am also angry that the dwp used his medical in deciding my application for dla.

I have found out that this dr is well known to the welfare rights in glasgow.(they could tell me his name before i gave it to them ) even the appeals tribunal know about him , there has been hundreds of complaints against him yet he is still employed by atos/dwp so i am going to do everything i can to bring atos/dwp to task.

If any of the members on this site have had similar problems or know someone who has i would like them to reply to me and let me know what happened.

I would like to appologise for this post being so long .

George

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