kicked off ESA by Atos. - help to appeal please

[MW35]

I have recently been kicked off ESA by Atos, scoring zero points with mental health issues,

 

I recently seen citizens advice which done the mandatorily reconsideration for me, I should have scored about 30 odd points but none of the questions that citizens advice showed me were asked,

 

the mandatorily reconsideration phoned me the other day asking me questions, I got so stressed I couldn't do it so put the phone down due to my condition, she then phoned a few days ago telling me I still score 0 points I explained I got stressed and couldn't speak but that didn't help so I lost my cool with her and swore,

 

anyhow I got the letter through this morning saying they uphold the original decision, also on the letter says that the Atos medical examiner said I looked fit and well and was well tanned and muscular, it was the middle of August of course I would look tanned I think anyone did the summer we had,

 

I was even crying in front of her due to not seeing my children and my father recently passing away, but she lied and made out I was alert I couldn't even keep eye contact with her, but she said I did, what are you supposed to do go in there with a rope around your neck is it, anyway

 

I'm thinking of appealing what do you guys recommend? i seen my doctor on Monday he give me a sick note for 13 weeks as he agrees I am not fit to work at the moment and said he was not surprised with the decision as they are doing it to everyone.

 

Thank you

Edited December 4, 2014 by honeybee13
Paras.

[rebel11]

Hi MW35

 

Welcome to CAG

 

Sounds like you were pretty upset when they called regarding your 'mandatory reconsideration'. What I think you should do is send in a letter of complaint. In the letter apologise, explain that things got on top of you and you were very upset at the time. Explain that because you put the phone down you couldn't respond to questions so weren't given the opportunity to provide further information that they were requesting. Send them the doctors report etc. Don't speak to them over the phone.

 

Get a letter from doctor/consultant, regarding your condition. Write a Formal Letter of Complaint, mark it as such, explain the above, attach the report from your doctor.

 

Send it to:-

 

In the Subject field write the name of the Delivery Centre - 'XXXXXXXX benefit centre Formal Letter of Complaint' dealing with your claim. Don't forget to add a Ref. No. so they know it's you.

 

Send it to :- [email protected]. uk

[MW35]

Thank you for your reply and advice, I don't have a doctor's report only a sicknote, shall I see my doctor again and ask him to write a letter? The trouble is in my opinion if they think you are mentally able to speak on the phone and write letters you can work! That's the impression I got with the letter they have sent me.

 

 

Also I explained a few days later when she phoned back that I was upset and couldn't carry on with the questions, and apologised, but she said due to the fact that she tried ringing me back and I didn't answer she went ahead with the reconsideration on the basis that Atos was correct, like I said citizens advice wrote to them explaining my condition which tallied up to 30+ points but I was never asked any of them questions on the medical board.

[renegadeimp]

Atos is a private company. They get paid for everyone they sign off as fit to work.

[rebel11]

Yes, go to your doctor, ask him for a report, then attach that to the email. There are no external signs to nail down your condition. As long as you walk and talk they seem to think your o.k., ATOS doctors/HCP aren't trained to pick this up.

 

Thank you for your reply and advice, I don't have a doctor's report only a sicknote, shall I see my doctor again and ask him to write a letter? The trouble is in my opinion if they think you are mentally able to speak on the phone and write letters you can work! That's the impression I got with the letter they have sent me.

 

 

Also I explained a few days later when she phoned back that I was upset and couldn't carry on with the questions, and apologised, but she said due to the fact that she tried ringing me back and I didn't answer she went ahead with the reconsideration on the basis that Atos was correct, like I said citizens advice wrote to them explaining my condition which tallied up to 30+ points but I was never asked any of them questions on the medical board.

[honeybee13]

Hello there. I'm sorry to hear that you have also been through the mill with Atos.

 

As this is a DWP query rather than an Atos one, I'll move your thread to the main benefits forum and leave you a short term redirect to follow from this forum.

 

HB

[honeybee13]

Yes, I think should go to the next stage of appealing. Will the CAB help you with this?

 

Here's a link to the forum stikky about appeals and tribunals that might help.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

HB

[MW35]

Thank you all for the advice, looks like I will appeal I can't get to citizens advice until Wednesday, I'm really bricking it and not looking forward to it, as I know I will get very stressed and anxious in a situation like that, and it appears to me they think if you're able to travel and represent yourself you're mentally fit, that's the impression I get from the DWP and atos, shall I get a written letter from my doctor to present to the appeal board?

[probono]

Atos is a private company. They get paid for everyone they sign off as fit to work.

 

Does the member have irrefutable evidence of this bold statement ? My gf works for ATOS in a senior role and she confirms that "they" do not get paid for everyone they sign off as fit for work.

[osdset]

Does the member have irrefutable evidence of this bold statement ? My gf works for ATOS in a senior role and she confirms that "they" do not get paid for everyone they sign off as fit for work.

Irrelevant really because ATOS's remit is/was to find as many claimants fit for work as possible, and the DWP paid them handsomely to achieve that goal.

 

The evidence to support my statement is the huge amount of decisions overturned at appeal.

 

OK your gf will no doubt state that ATOS does not make decisions, the DWP does, but lets remember that DWP DM's routinely rubber stamp ATOS's assessments. And the vast majority of those assessments are a 0 point score.

[probono]

Irrelevant really because ATOS's remit is/was to find as many claimants fit for work as possible, and the DWP paid them handsomely to achieve that goal.

 

The evidence to support my statement is the huge amount of decisions overturned at appeal.

 

OK your gf will no doubt state that ATOS does not make decisions, the DWP does, but lets remember that DWP DM's routinely rubber stamp ATOS's assessments. And the vast majority of those assessments are a 0 point score.

 

i.e ..... you have no probative evidence.

 

ATOS are not perfect (are you ?), but pl remember that they're staff are human beings. I agree with you that the blame rests with IDS. A new US firm are taking over from ATOS next yr for ESA. My gf just attended an intro meet .... if you think ATOS are bad ... just wait. She's thinking of resigning.

[BankFodder]

ATOS are a bunch of lying ****** And I'm probably not the only one on here to discover that, they didn't ask me any of the questions that they should have, otherwise I would have scored 30+ points not zero! They are messing with people's lives! You've only got to read the papers and look at the news to see the people that they've gone over the edge because of they assessments!

 

I think that there are better ways to express this, please

[SabreSheep]

I think the amount of appeals demonstrates either negligence or dishonesty on behalf of the original assessments, or maybe a combination of both.

 

The DWP made the decision based on ATOS reports, How come such a high % are found to be inaccurate?

[Bazooka Boo]

We can go round in circles with the ATOS arguments, poorly trained and unqualified. [Problem]

 

You have to be morally bankrupt to work for such an outfit, or plain greedy, looking forward to them sinking like a stone and then the shoe will be on the other foot, you reap what you sow, karma will always get you.

Edited December 5, 2014 by **Margaret**
Pejorative language.

[probono]

In defence of my gf .... she is not morally bankrupt ; far from it. She did, however, get assaulted once when leaving her office. Charming. The DWP set the rules and ATOS and others follow. You know who to blame. The new american outfit will re-hire the same staff. ATOS will survive and will be paid a bundle to act as the DWP's convenient scapegoats.

[Nystagmite]

It's not DWP who set the rules - it's IDS and his lot.

[Bazooka Boo]

ATOS will survive and will be paid a bundle to act as the DWP's convenient scapegoats.

 

ATOS is now OH Assist, same people same mantra.

 

Although I think the ''OH Assist'' is a pre cursor to ''Assisted suicide!''

[MW35]

Not sure what to do next, I've seen citizens advice this morning about my appeal he asked me to get a letter from my doctor which shouldn't be a problem but I phoned the surgery they wouldn't let me speak to the doctor, said I would need to make an appointment, problem is I can't get to see him for three weeks the appeal needs to be in around that time, can I submit the doctor's report at a later date?

[Conniff]

We get told about silly appointment times by one of the receptionist at our surgery. Ring at 0800 when they open and ask can you see a doctor please, you don't have to tell the receptionist what it's for.

This works and I've always managed to see a doctor that same day.

[Nystagmite]

You can submit evidence up to 7 days before the appeal is heard.

 

All you need to do now is write stating that you wish to appeal and that you'll send evidence in at a later date. You need your name, address, date of birth and national insurance number on any evidence you submit.

 

Can you not ask for a callback? I've had phone calls (requested) on the basis that I need to speak to someone; but I don't need to be seen.

[MW35]

Thank you for the advice, I will call them again now and ask can the doctor call me back, I could try calling in the morning but I only want to see my doctor as I don't think any other doctor would write me a letter has they do not know me as well as my doctor. Also I've got a sicknote here for 13 weeks, that I was given by my doctor last week, as I was recently signed off ESA what do I do with the sicknote, to I need to wait for the appeal to start or do I send it in now?

[RaeUK]

As far as I'm aware, and I don't believe it's changed, in order to continue receiving the assessment rate of ESA, you must continue to send in (un)fit notes. No note = no payment. Make sure you send each one off at least a week or so before the old one expires.

[MW35]

So do I need to send my sicknote in now before I post my appeal? If so who do I send it to? As I'm not getting any money from anywhere thanks.

[MW35]

Thanks to Nystagmite requested a call back and got it ,letter from my Doctor now sorted, just not sure what to do with this sicknote do I send it in now or after the appeal papers?

[Nystagmite]

Send it now. Send it with a cover letter with your details explaining that you'd like to be paid appeal rate.