Failed ATOS assessment, what should I do?

[mandy hirst]

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 have just found out this morning i have failed my atos assesment told i have to go on job seekers allowance even though i am confined to a wheelchair because of spinal damage i got no points at all..any advice please

[honeybee13]

Hello and welcome to CAG.

 

I've started a new thread for you so you can have advice specific to your own situation. The guys should be along later.

 

My best, HB

[mandy hirst]

hi all i have been told by dwp over the phone this morning that i failed my assesment i gained 0 points....they also said that my esa was stopped as of yesterday and that i would have to go on jobseekers allowance i told them i disagree with their decision and would like to appeal and i refuse to go on jobseekers allowance they said i had no choice....i basically am confined to a wheelchair because of spinal damage and i have to be pushed around by my son.but because i use a wheelchair they said i could mobilize 50 meters that is incorrect.. i also have bad incontinence and am partially deaf..so i am looking for advice as to what to do next...p.s i got new fit note from doctor yesterday and he signed me off indefinately

Edited November 19, 2014 by mandy hirst

[Nystagmite]

You have to appeal. You won't score any points if your only problem is spinal damage and you're able to mobilise your wheelchair a certain distance. That criteria is based on how far you can mobilise and not walk.

[honeybee13]

Hi Mandy.

 

I've merged your threads as they're on the same issue, please stick to this one.

 

HB

[rebel11]

Hi mandy hirst

 

Before you appeal. You can present you case again, with further medical reports, list of meds, doctors letter etc.

 

They usually carry out a mandatory reconsideration.

 

This can be carried out without further info from you. The best thing

to do is to call them, tell them you will be sending in further info/evidence regards the mandatory reconsideration.

 

http://www.adviceguide.org.uk/wales/news/news-archive/whats_new_nov13_changes_to_challenging_or_appealing_a_benefit_decision.htm

 

ESA Appeals Guide - AdviceGuide

 

Send letters Recorded Delivery, try to record all phone calls with DWP.

[RaeUK]

... basically am confined to a wheelchair because of spinal damage and i have to be pushed around by my son ...

I was under the impression you have to do this under your own steam for it to count as being able to mobilise. If you need to be pushed then you cannot do that.

[mandy hirst]

i already told them that i cannot mobilize myself and that my son has to take me out in wheelchair but they have just ignored that information so at a loss for words on that one

[Hacked_Off]

The decision is clearly wrong. The descriptors say mobilising unaided by another person or wheelchairs etc.

 

You need to do a mandatory reconsideration.

 

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

[liverbird37]

Did you provide your assessor with evidence from a medical professional to back up your claim that you cannot self propel the wheelchair ? If putting in a reconsideration based on that point, you must provide medical letters from your Dr, Consultant, or other relevant healthcare professional. Atos will not take your word for it on it's own basis unfortunately.

[RaeUK]

Indeed. As pointed out in above posts, telling them is one thing, them listening is another. Find supportive evidence for your contention that you cannot self-propel a wheelchair. As well as Doctor and Consultant letters, be imaginative. If you know exactly what is wrong with your spine, the medical term, than google and see if it's an obvious side effect that upper body strength / co-ordination (or whatever) is affected. Do other patients have this difficulty? etc etc. You can't provide too much info - it's the Decision Maker's job to sort the wheat from the chaff - I have included internet research with my medical evidence on previous occasions.

[Helen2264]

i already told them that i cannot mobilize myself and that my son has to take me out in wheelchair but they have just ignored that information so at a loss for words on that one

 

I'm not surprised, I've spent the best part of this year fighting the DWP staffs, 11 long months but yesterday received an email, my friend got all back pay esa benefit money they stopped since 29th December 2013.

 

Mandatory Recommendation will take for ever and Tribunal can take up to 18 months that's a cop out anyway, they offer my friend MR and Tribunal but I declined on her behalf by then I knew all the loop holes and legislation that would benefit my friends.

 

Can I ask what benefit you are receiving? with your illness or injury you should not be working.

 

Do you have the Atos Health professional's name if you do I can help you get your 15 points. It took a mere 1 day and a half to get back all the money my friend was owed and put back on ESA IR benefit.

 

I've spent 11 months studying welfare benefit Law, you wont believe how fast 3 of the DWP staff two Managers top tier and the Decision Maker himself including the Ombudsman moved, I was told by the Ombudsman it will takes three weeks and then he did not know how long the DWP will take for my friend to get her benefit, I told him to please read further in my email and look at the 3 names written in bold and take note of the deadline.

 

Within a day the money was is in her bank.

 

To get your benefit you need to know the system that is in your favour and not the DWP.

Edited November 22, 2014 by honeybee13
Pejorative terms.

[Helen2264]

The decision is clearly wrong. The descriptors say mobilising unaided by another person or wheelchairs etc.

 

You need to do a mandatory reconsideration.

 

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

 

There is an extreme quickest way to get back that 15 points and be in the support group without mandatory reconsideration, all the OP need is the person who made the decision and the Health Care professional who conduct the medical appointment.

[Mr.P]

I'm not surprised, I've spent the best part of this year fighting the DWP staffs, 11 long months but yesterday received an email, my friend got all back pay esa benefit money they stopped since 29th December 2013.

 

Some of us, myself included, had been wondering if this mess had ever been sorted. Glad to hear that she has finally got a result - Just in time for Christmas (shame it had to take so long to sort out).

Edited November 22, 2014 by honeybee13
Quoting pejorative term.

[Helen2264]

Hi mandy hirst

 

Before you appeal. You can present you case again, with further medical reports, list of meds, doctors letter etc.

 

They usually carry out a mandatory reconsideration.

 

This can be carried out without further info from you. The best thing

to do is to call them, tell them you will be sending in further info/evidence regards the mandatory reconsideration.

 

http://www.adviceguide.org.uk/wales/news/news-archive/whats_new_nov13_changes_to_challenging_or_appealing_a_benefit_decision.htm

 

ESA Appeals Guide - AdviceGuide

 

Send letters Recorded Delivery, try to record all phone calls with DWP.

 

 

Beware of sending letter and documents even though recorded delivery or special delivery they'll find a way to get lost, I was told that by a whistle blower whilst still working for the DWP. One minute my friends ESA3 form was not received and was told to fill a new one when I say Law matter miraculously the ESA form appear withing 50 minutes and was processed whilst I was talking to the dwp staff.

 

Know the system and throw the law book at them they'll deflated like a balloon.

[Helen2264]

Some of us, myself included, had been wondering if this mess had ever been sorted. Glad to hear that she has finally got a result - Just in time for Christmas (shame it had to take so long to sort out).

 

 

Thank you P. Yes it is a shame it took so long, herself and myself both became ill because all the people we approached either could not help us, even the MP caseworker, he a mere junior doing his internship haven't got a clue and refused us to see the MP face to face, after me giving him an ear full

that was it in the end I took matter in my own hands and studied Welfare Benefit Law trust me it worked big time.

 

The Ombudsman who was supposed to help was unhelpful too alarm bell rang when he told me it will take three weeks and then he doesn't how long the dwp will take to make their decisions, I thought that was strange because it's not what I read how the

ombudsman handle benefit problem, he even ignored my email but I chased him to see if he got it, he got the cheek to tell me he hasn't even read it yet that was 5 days after I sent the email to him that's when I told him to read further and take note of the deadline date I gave them and to make sure the 3 dwp staff knows of our decisions.

 

All was done within a day and a half.

Edited November 22, 2014 by honeybee13
Pejorative terms.

[rebel11]

It is true that they do lose documents, but you can send exactly the same information via email, fax etc. Be organised and prepared in everything you do, plan ahead.

 

Beware of sending letter and documents even though recorded delivery or special delivery they'll find a way to get lost, I was told that by a whistle blower whilst still working for the DWP. One minute my friends ESA3 form was not received and was told to fill a new one when I say Law matter miraculously the ESA form appear withing 50 minutes and was processed whilst I was talking to the dwp staff.

 

Know the system and throw the law book at them they'll deflated like a balloon.