http://dwpexaminations.blacktrianglecampaign.org/phpBB3/
The forum will be moving soon to www.dwpexamination.org
It is a well established fact that the DWP Personal Capability Assessment is difficult to pass. This is because the DWP and ATOS Origin have conspired against the sick and disabled and have deliberately designed to assessment to benefit the DWP and not, as it is reported to to help the claimant back to work. This biased assessment is little more than an official method of denying you benefits you may be legally entitled to. There is an appeals procedure, however it is a very long and drawn out process which can take up to a year to resolve so be prepared for a siege. Based upon evidence and case studies provided by P.C.A. veterans I have put together a check list you may wish to run through before you go to your appointment.
An assessment sheet and contact form can be found on this blog on the assessing ATOS page and in the useful templates section on our sister forum dwpexamination.myfreeforum.org
On receiving communication to attend from ATOS contact your local authority welfare rights officer or CAB IMMEDIATELY for assistance in completing the ESA 85 or IB50 form.
It is imperative you read these three Manuals to understand the ESA WCA with a view to gaining enough points to pass.
You must be aware ATOS HEALTHCARE will use any excuse to deny you benefit.
Google ESA WCA Descriptors click on ESA work capability descriptors.
Google LiMA V3 technical manual med IBPW001e
Google ESA Handbook 1 Finalmed-esahb-01
Use the wording in the descriptors to explain your condition
Be prepared to make extensive notes including name of caller etc of any calls to or from the DWP or ATOS after receiving the form. Record these if possible
When completing the form make sure you stick to facts you can prove, do not embellish your symptoms, be precise in your use of medical terms.
Make a full copy of the ESA85 or IB50 form BEFORE YOU POST IT.
Do not include any copies medical reports or additional information as this will be ignored by the ATOS HCP, this information should be handed in by appointment to the Decision Maker when you start the appeals process.
Make arrangements to be accompanied on the day of the examination, make arrangements for a stand in, in case your first choice can not go on the day.
Make a list of any medication you are taking.
Make an accurate list (times and dates) of any Doctors appointments, specialists appointments Hospital visits, doctors visits, hospitalisation in relation to your claim etc
Always attend accompanied
Record your arrival time
Record waiting time
Record time examination starts
Do not be afraid to decline physical movements if they would cause you pain.
Record HCP name
Record HCP Title & or qualifications
Get your companion to make notes during the examination.
Record time examination ends
Record the time you leave
Check the credentials of your HCP with the BMA
Call your local JC+ within 24 Hours requesting a copy of the HCP report.
Do not take any further action until you have the Decision Makers report.
If you have been passed fit for work you must act immediately to appeal, you have one month from the date of the letter to do so.
The appeals process requires you to appeal directly to the Decision Maker first, be prepared to wait this can take a while.
Whilst waiting:-
Make a F.O.I. request for any information ATOS Origin hold on you
Make a FOI request for a copy of the video footage of you entering and leaving the building.
Make a FOI request for any audio recordings ATOS may have made during the time of your visit (even if they are for training purposes).
Hi,
Regarding the above infomation. I am awaiting a Home Visit.Are there any tips and Infomation for a Home Visit,and one burning question I have is, as it will take place in my own Home,can I record the Visit,as I was grossly “mis quoted” after the last home visit which was my first,which was less than one year ago.I am fearing this 2nd home visit will be even worse !
I see I can decline physical movements,which is really helpful,as the first time I was pressed to attempt them,even attempting them gave me pain.
Thankyou !
Comment by Gabby Hassan — September 21, 2010 @ 4:57 pm
If you do record the session and you tell the ATOS HCP you are doing so they will object and probably decline to examine you, thats 3 points in thier eyes and your benefits will probably be stopped. I can only say thet personally I would do it covertly and not tell them, I know its not admissable at Tribunal but its a great aid to your memory. I believe that ATOS record all medicals held at thier offices and I think I can prove it, thier excuse is it is for training purposes. Make sure you are not alone during this “examination” and are accompanied by someone, preferably not a family member who will take copious notes throughout. If you have a dog, cat or any other pet make sure they are not within sight or hearing of the HCP, they assum if you can look after a pet you are fit enough for work. Make use of the contact form to keep a record of any conversations with ATOS or the DWP and also the assessment sheet on the assessing ATOS page 0f this blog. Remember, they will put on a friendly face and try to lull you into a false sense of security, dont be sucked in by it, its just a ploy and part of thier training. Good luck and keep us posted.
Comment by dwpexamination — September 22, 2010 @ 7:09 am
Thankyou for your above advice. I would never have thought anything about Pets ! as it happens I do have Pets but my Husband looks after their needs,I just get the nice Cuddles from my Kittys.But I will do my best to extract them before my visit.
I wonder if you could tell me what the “contact form ” is that you mention above is ? Yes,the last Dr I had seemed very nice and as you say did exactly that,lulled me into a false sense of security,suggesting I would be fit to work within 6 months,whilst I am under my GP and a Sonsultant,and my Consultant has told me straight that I will never work again because of my conditions and should remove such thoughts from my head.
So many thanks,if you could just advise me as to what exactly this Contact form is,because I dont think I have one?
Comment by Gabby Hassan — September 22, 2010 @ 10:04 pm
P.S…Sorry I have just found the form you are referring to but I’m slightly confused now.Am I meant to fill this in about the Dr who is going to visit me? and if so,how does this help me?
Sorry if I appear to be bewildered,but thats exactly how I feel.My conditions give me many problems,and cognitive disfuntion is one of them.I just find all of this throughly draining
Comment by Gabby Hassan — September 22, 2010 @ 10:11 pm
OK “G”, No problem, the contact form is designed to help you to record any telephone conversations you have with the DWP or thier enforcement arm ATOS. All you need to do is to print a few off and keep them by the phone, the form will prompt you to extract information from the person you are calling or the caller. It helps you focus, get thier name and nuimber, record the date and time of the call and notes of what was said These notes can come in useful as a reninder in any later dispute. The DWP and ATOS hate it when we ask for names etc, they dont like giving out information as they refer to live in the shadowy world of disinformation.
The assessment form is designed to be completed by the person accompanying you to a medical at one of thier Medical centres or during a home visit. It reduces the need to take notes whilst recording the performance of the HCP, assessing thier building etc.. Best thing to do is to ask someone you trust to have a lok at the forms. If they dont understand them get them to comment on the blog and I will be happy to help.
Good luck and keep us posted.
Comment by dwpexamination — September 23, 2010 @ 8:17 am
[...] http://dwpexamination.wordpress.com/atos-checklist/ [...]
Pingback by ATOS Checklist « Dear England — March 3, 2011 @ 7:22 pm
When you send your IB50/ESA50 I have found this looked at by JCP first, then sent to ATOS to call a client in for an assessment. Anyway I would send all my hospital letters/fit note etc and list these in the IB50/ESA50 form as sent with this form. They will not have any other option other than to consider this as eveidence(which they do not want to do see thats why they tell you not to send them with the form!) I know they say not to send them with the form but that is ATOS pulling the wool over the claimants eyes. You do have a right to send all your paper work and they must look at them, aslo send them to where you claim your benefit from also and make sure you get a reponse that the JCP have recieved these letters,make sure you do this weeks before your assessment, when you send your letters write a seperate letter saying “Im sending you letters dated XXX from XXX stating about my blah blah etc as long as you have another letter listing all the letters you have sent this is evidence that you sent them and all you have to do is get a letter back from them saying they recieved them! as they(JCP) are sneaky and say “Nope we did not get them” this would be after they stop you benefits after the ATOS HCP fails you for your assessment.
Also when you have sent your IB50/ESA50 off email ATOS and ask have they recived you form and then send a copy by email to them this a sure thing that they got your form….your motto do not take chances with ATOS/JCP cover your back at every turn they are out to stop your benefits and do not care about your health! Good luck x
Comment by sandy — March 5, 2011 @ 8:20 pm
PS- Also send copies of your hopsital letters by email to ATOS stating these are to go with your ESA50/IB50 from then keep a copy of every email you send and copies of repsonses. If you do not get a reponse keep reseding the email they will answer you eventually
Comment by sandy — March 5, 2011 @ 8:24 pm
OOO and OOO ask for identificaion of the HCP you are asked for yours at the assesment and ask what thier occuption is I mean you do not want to be seen by a midwife when you have heart problems a midwife would not know about this!If your pregnant and you go into labour she may be able to help…. do not smile too much you won’t be given brownie points for smileing, they will put you as “The claiment was cheerfull/happy” when really you felt like sxxt.
Comment by sandy — March 5, 2011 @ 8:35 pm
Taken from handout I was given at (Durham) assessment yesterday, because my ‘witness’ took notes. Said from ESA handbook: MED-EASHB-001
The DWP never requires that a medical assessment for the purpose of advising on entitlement to state sickness or disability benefits can be recorded on audio or videotape. (Well of course they wouldn’t).
Such a claimant request can only be agreed with the prior consent of the examining practitioner, and then only if stringent safeguards are in place to ensure that the recording is complete, accurate, and that the facility is available for simultaneous copies to be made by a professional operator, on equipment of a high standard, properly calibrated by a qualified engineer immediately prior to the recording being made.( There is a bit more but struggling to type, but basically no way you going to get permission.)
Next bit about taking notes:
Persons who are entitled to be in attendance are always entitled to take notes. This is because it is for their own purposes and not an official record of the process. To attempt to deny is likely to be contrary to Human Rights legislation. To request a copy of the notes is unlikely to be helpful it will place you in the position where you will be obliged to review the notes and comment on their reliability. However you should record in the medical report, the fact that notes were being taken. The following warning should also be given and the fact documented in the report. LiMA will offer phrases as an optional addition. For any handwritten report, on the rare occasions when this is necessary, the report should be annotated on the front cover.
The form of words you should use has been clarified on legal advice. Please replace any copies of existing desk aids you hold with the one incorporating the following form of words:
“Where notes are taken by, we consider it of assistance to both myself, as the examining practitioner, (slip- should have been consistent and called themselves health professionals),and yourself to point out the following:
1. It is your right to take notes for your own use and benefit.
2. The notes will not be included in the report I make, save for the fact that notes were taken and further, they are not accepted by myself or the DWP as an official record of this examination.
3. If the notes are subsequently produced at anytime for any purpose, such as part of an appeal process, I the Examining Practitioner, my employer and the DWP reserve all rights to challenge anything in the notes in the event we are asked to comment on the notes at a future time. ( do your worst- bring it on. It works both ways!)
4. You are free to use your notes as you choose but if you choose to publicise the notes (other than in connection with correspondence with the DWP or under any appeal procedure) I would ask ( what no threats? Does this mean they cannot force us to comply?) that you do not publicise my name.”
Comment by rebelliousstreak — May 10, 2011 @ 4:14 pm
The Practitioner refused point blank to give me details about her qualification, and nursing no(it will be on register anyway if she is a nurse), and asked about her specialist knowledge, informing her I was aware that the contract between DWP and Atos states they should have specialist knowledge pertinent to my conditions. She gave me the vague stuff ……We are all have broad based training etc, so I said fine, but with no evidence she could not examine me, because she couldnt prove she was a nurse and because of the run around they gave me for 2+ hours in the waiting room, causing me stress and discomfort, and the assessment took 2 hrs too. She said she would have to report it and I said fine I will also be doing so. At the beginning (after a retreat to her colleagues because she was not liking my requests)she came back and accused us of interrogating HER. LOL I pointed out if she can question me, according to the contract she is under, I can question her. They dont like it when you quote them verse and chapter makes them Very uneasy. Had same with their security guard/messenger. They are giving me the runaround over getting a copy of my report too. So I said my doctor wants one too and I will ask him to get one, as Atos claim under DWP literature,they send him one, and he said he has never had one for me! Let us keep at them, and make them squirm.
Comment by rebelliousstreak — May 10, 2011 @ 4:33 pm
God this sounds bad ive got appointment in july Brighton . But going to request home visit as driving journeys hurt im a good hour away plus im on morphine for pain . Sounds like its a forgone conculsion that ill have to appeal i awaiting prob another op on back fushion , god i hate all this and the daily pain im in , do they relieze the worry and stress they cause us honest sufferers of life disabling conditions. Any help and thank you for making people aware that atos are devils in dark clothing. Regards Mr .
Comment by Mr worried. — June 26, 2011 @ 1:46 am
Hi MR.
They don’t want to carry out home visits, mainly because it cost’s extra money and eats in to their slimy profits, they have another problem with home visits which is, they are worried they visit some bampot with a grudge against ATOS/DWP and decides to hand out his own brand of justice.
Well if you worked for the DWP or ATOS, involved in the illegal business of stopping genuine people with health problems from attaining their very means of existence, would you be happy visiting them at their home. NEITHER WOULD I. it’s only a matter of time before someone kicks one of them all the way from their door down the street, and all the way back again.
Comment by dwpexamination — June 26, 2011 @ 6:44 am
Many thanks dwpexamination for prompt reply.
Do you think i should push for the home visit and stick by it , regardless of the negative responces im getting.
I cannot believe the amount of problems genuine disabled people are having with nasty , uncaring, sneaky and sly Atos and Dwp . I really cant believe some of the stories ive read on a simply search of Google, plus your great page , ive learnt alot from just your page i just wished id read it sooner as we sent of our esa form without a copy ,god knows what they will try and pick holes in .
You stated you can refuse movements that may cause me pain am i within my rights to refuse,plus my wife is my carer,she will be with me do we have to inform them my wife will be taking notes for our records ?
Plus when do i contact the C A B i guess soon as desision is made , like you have stated 99% will be found fit for work .
Is there an insentive at Atos for them to deem all claimants fit then ? Any pointers eg how long am i expected to wait and interview time , like the other person wrote sitting and standing for longtimes causes unwanted further pain . Would i be able to call a halt to interview if pain becomes to much and what would be the outcome or is that a silly question . Many thanks again.
Comment by Mr worried. — June 26, 2011 @ 12:19 pm
Hi Mr Worried.
You don’t have to carry out any activity that causes pain, just explain the situation, any attempt to force you is totally illegal, if you are found fit for work, then that’s the time to contact the CAB or Welfare rights.
If you push for a home visit they resist your request as far as they can, it’s up to you if you want to jump through all the hoops and hassle they create.
I suppose it all depends if you can make it to the ATOS assessment centre, if not then you don’t have much choice. so click on here and get that extra advice. http://dwpexaminations.blacktrianglecampaign.org/phpBB3/
Make it to the centre and you are fit for work and have to appeal, don’t make it to the centre, then you lose your benefits because you refused to attend the medical assessment.
CRUEL BASTARDS.
Comment by dwpexamination — June 26, 2011 @ 1:32 pm
Dear Mr Worried,
I had both my WCA’s at home.All I did was ask my Dr to write a letter to say he supported my request for a home visit.It was quite simple in my case,as sitting for any period of time is very painful for me.But you can only try.The 2nd WCA I had they sent the usual letter and appointment,I rang because someone had told me that if you have had 1 home WCA then the 2nd should automatically be at home,but being ATOS and being as they are they said they still needed another letter ! which I asked for from my Dr again.The good thing is if you have an understanding GP they are getting quite wise to ATOS and know they are so unfair and relentless. But do ask your Doctor.
Dont do anything they ask if you know it will give you pain,say so to the Dr who preforms your WCA,just say I wont attempt that as I know it will cause me great pain.
With regard to the message above,even thoe I did’nt attend the medical centre and it was done at home I got awarded zero points,had 21 points in my 1st home WCA. I had to appeal and go to Tribunal,but was awarded 15 points back.I have heard that when the Tribunal reach 15 points they just stop anyway? but I have also complained about my medical,am in the process of taking it to the independant tier and have been compensated by ATOS for all the mistakes made by the Dr in my 2nd home WCA. His medical was unfit for purpose,I brought up lots of errors and mistakes. We can make a difference we just have to be dogged and do it through the right channel’s .
Good Luck Mr Worried
Comment by Gabby Liza Maria — June 28, 2011 @ 9:55 pm
HI i’v just got my letter 4 my medical i.v been out of work 4 a long time due to illness and now reading this site i’m really scared that i will have to go to work i really am incapable if i appeal will i lose benefits if i have to take it further will i have to pay for it. What should I look out for in the assessment. Help i’m having a panic attack now and i only got the letter today. Has anyone get access to ATOS , DWP HCP forms that they use on the assessments can I ask to see my assessment on the day so i am happy with their answers. WIll I be penalised because I dont look Ill (FMS & depression dont show) Can someone please help I am so worried now.
Comment by HJACKSON — June 30, 2011 @ 7:29 pm
Hello H.
If you are found fit for work, you will lose all right to sickness benefits, but you can appeal and you will get the assessment rate while waiting for the appeal to be heard, the only other option is to sign on for jobseekers allowance. And since you are ill signing on is ohttp://dwpexaminations.blacktrianglecampaign.org/index.phpbviously not an option, so an appeal is all there is left, this is the whole point in finding us fit for work which is to make life as unbearable as possible so we give up. click on here to the forum and get expert advice
Comment by dwpexamination — June 30, 2011 @ 10:32 pm
Hi I had a home visit in april for my esa benifit,i am a double amputee and had an op on my right knee,the asseser or who ever they are asked me loads of questions about my disability,next thing she asked me to show her my prosthetic legs then take them off to prove to her I had no legs then she started prodding and poking my stumps,i felt so humiliated and after she left I burst into tears.they dont seem to care about the disabled persons feelings.they are now starting on my husband who is disabled,he has heredatary spastic paraplygia.he carnt move one leg infront of the other and I have to help him with most of his daily tasks,they have refused him a home visit.do non of these dwp workers or the goverment have a heart.
Comment by Sharon — July 24, 2011 @ 4:05 pm
Hello Sharon.
The answer is NO, they are totally heartless, and this abuse will never end, pass one test and then it’s time for another, it just goes on and on like some nightmarish merrygoround, we are fighting these people here at the forum http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ so join us and help us beat them.
Comment by dwpexamination — July 24, 2011 @ 5:27 pm
This site has been fantastic, thank you. My husband has been sick for a long time (blood condition, knee problems, heart issues, and mental health problems caused by all of the above). Recently we recieved the 20 page questionaire to fill in (which I photocopied every page of after it was filled in) and not only were the questions on that so badly worded it was almost laughable, but when I sent it in, I discovered that they hadn’t bothered to read any of it. I specifically said on the form (as I had to fill it in as my husband is unable to) that he would need a home visit. He suffers for agoraphobie, heart palpatations when leaving the house, and extreme stress at being forced to deal with people. This was all explained in detail on the form, and when we got the letter saying he had to go down to their assesment centre (along with laughable directions on how to get there on the bus), I called them up to ask about the home visit.
The lady I spoke to informed me (after taking all my husband’s details, and without confirming with him that it was all right for me to speak on his behalf) that they do not take into consideration ANYTHING when making the assesment appointments. So, what was the point in filling out a 20 page questionaire? None really.
She did, however, inform me that I could get a letter from his doctor stating the reasons for needing a home visit, which I did (He isn’t so bad at going to the doctors these days, but that’s a once every two month visit to the same doctor where he sits in the far corner away from everyone until his appointment time and then sees the same person he’s seen time and time again). So I told her that was fine and what to do, and at the end of it, she informed me that even when sending the letter to them (by fax only, might I add) that they can STILL refuse to organise a home vist.
How they can do this is beyond me. Unless they have medical experience with mental health issues, and access to a person’s medical records, what gives them the expertiese to say whether a person is or is not fit for visiting them at their centre?
His appointment is supposed to be next week (we were only given 2 weeks notice for the thing), and as yet I haven’t heard back to say if we got the home visit. If they do deny it, however, then I am going to go down on his behalf, with the letter from his doctor, and wait for the appointment and then explain it all to them and take my chances with the appeals process.
However, I have to admit, the whole thing is scaring me stupid. And I’m not the one who’s ill.
Comment by Michelle Birbeck — September 10, 2011 @ 6:20 pm
Michelle…… your story regarding your husband is not unusual, in fact it’s par for the course, what’s happening to our country is beyond belief, these people like ATOS and the DWP decison makers are getting away with murder, we are fighting them here at http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ everyone who can must join us and expose this ruthless cruelty.
On the above forum we provide information on how to appeal, who you need to see, what to do next, what benefits you can apply for whilst waiting for the appeal to be heard, the DWP do not provide this information, you have to find out for yourself.
But have no fear because we have done the breaking to save you the aching, Pick a username and log in and find out what this Government has in store for us with regard to welfare reform and the NHS, and help us do something about it…!!
Comment by dwpexamination — September 11, 2011 @ 8:42 am
Iain Duncan Smith on the Andrew Marr show this morning foaming at the mouth, and banging on about people not being able to go to work because they can’t afford it, his solution is to reduce the welfare benefits and starve them to work rather than provide work and increase wages.
In other words the carrot and the stick, which really means a rather large stick and no carrots, he was just out of church this morning probably preaching and singing hyms of ‘love thy neighbour’ and ‘how great thou art’, this man is nothing but a hypocrite and a charlatan.
Comment by dwpexamination — September 11, 2011 @ 8:57 am
hey just thought i would let you know i failed my medical at atos and am going to appeal as i looked at the points awarded by the WCA and i scored myself 93 points!!!!!!!! my answers to the so called examiner were on the most part clear cut and even if they did misenterpret some of it on the questions i know could not have been misinterpreted i would have scored at least 50 points. I seriously regret not taking someone with me as i live 5 minutes away from the examination center. the state of my mental health means that i get very uncomfortable around certain people have no organisational skills cant make my way to anywhere i am not VERY familiar with feel sick on public transport dont pay attention to risks and have possibly the most irregular and uncontrolable sleep pattern ever, (I will sleep for anything up to 24 hours and will not be able to sleep for a further 24-36 hours afterwards until i am exausted, when i am asleep i am almost impossible to wake and if woken will be asleep again after 5 minutes.) ATOS believe i am fit to work just wondering what any of you think about this as i would find it laughable if not for the fact that my benefits have been stopped
Comment by Anonymous — September 28, 2011 @ 1:33 pm
how long are you expected to wait for a medical assessment? I claimed ESA in May 2011 and have yet to be given a date for face to face examination. Having suffered a subarachnoid haemorrhage I not that I should only tentatively be offered a face to face and yet I have waited 23 weeks so far for a decision to be made
Comment by Anonymous — October 16, 2011 @ 10:27 am
well, after a good few months of waiting and worrying and planning for the worst, I’m happy to say the worst didn’t happen. We had the at home examination, which left me feeling even worse (and I’m not the one who is ill), because the guy turned up 15 minutes early and then was only here for 15 minutes. I then spent the last two weeks wondering when we would get the decision, and planned for the worst. I mean, how can someone make a decision in just 15 minutes? Especially when the person who is ill has such a complex illness that it takes me more than that to explain it and its side effects to someone.
However, having said that, we did get the decision letter yesterday (on a Saturday, so we wouldn’t have been able to do anything about it until Monday had it not been a good decision). I have to admit that I was nervous when I was opening the letter, and already planning out my appeal letter and how much of a bollocking I was going to give them. But when i opened it, I was highly surprised to find that they had ruled in favour of my husband, but not only that, they have said that he is ill enough to not need to do any work focused activity. On top of that they are actually giving us more money.
So although ATOS are still some of the most horrible people imaginable, and exceptionally unfriendly, there is hope. It might take a while to get there, but there is hope.
Comment by Michelle Birbeck — October 16, 2011 @ 11:56 am
ATOS usually contact claimants within 13 weeks of signing on, youre lucky to have waited so long for a contact. why not sign up to our sister forum at http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ and post the question. I must say, it unusualk to be left alone for such a long time.
Comment by dwpexamination — October 16, 2011 @ 3:37 pm
Well done, its always good news to hear one of our members or commentastors has had a good outcome to an assessment. Why not sign up to our sister forum, its free and there are many other like minded people there with stories to tell. I think yours will raise the spirits of our members. You can sign up at http://dwpexaminations.blacktrianglecampaign.org/phpBB3/
Comment by dwpexamination — October 16, 2011 @ 3:39 pm
PLEASE READ THIS!!!!!
Hi guys, sorry to hear about the nightmare stories, but never fear Blazin Storm is here.
I went for an assessment (Wolverhampton), and informed the ‘nurse’ that i was going to use my phone to record the assessment. she said i couldn’t as they had a policy on recording,As state in the above post. i agreed to the conditions of recording and with professional equipment, but stated that i was not going to cover the cost of the recording as it was their policy, so they would have to cover the costs. They agreed unwillingly, but said that they did not have the equipment and would have to loan it from the DWP. they sent me. i was sent another appointment. (this is against the LAW (Equality act 2010)).
I attended the appointment and was given a CONSENT form to sign.(consenting to the recording). I read the form and it gave the usual information about how long they would keep the recording, where it would be stored, etc. Paragraph 5 of the CONSENT form stated that they had the right to give a copy of the recording to the DWP if they requested it.( that is no problem, but it means that they can give their copy of the recording to a third party). The 6th paragraph stated that:
” the recording that you have is to be used solely for the purposes of your benefit claim and cannot be published or reproduced”
I said that i was not agreeing to that so i crossed out paragraph 6, initialed it and signed the rest of the consent form. The receptionist came back about 15 minutes later with another form and said that the manager would not accept that i crossed out the paragraph and wanted me to sign another copy, which i refused on the grounds that by putting a condition in the consent form, it turns the consent form into a contract. They refused to give me an assessment, so i went straight to the job center and complained that ATOS had refused me an assessment on 2 occasions.
I was telephoned later by the DWP and i told them that they could not force me into a contract with ATOS and i would not sign anything that had stipulations in it. The woman said that she would ask ATOS to change their CONSENT form. She phone later and said that they wouldn’t change it so she would contact the Contracts manager of the DWP. I was called on the next day by a DWP rep who agreed that i didn’t have to sign a contract with ATOS, but that i may be ;liable to prosecution if i used the recording inappropriately (Empty Threat). I told her that as the recording contained my own personal information i could hang it off of the top of Big Ben if i wanted and there is nothing they could do about it. I also told her that i was willing to undergo any assessment but if there were any stipulations that implied any kind of contract with ATOS i would not sign it and if ATOS refused me another assessment, for any reason i would expect my full benefits,while ATOS and the DWP sort out their contract with each other.
ATOS sent me another appointment for the 2nd NOV. 2011. Watch this space!!!!
I can beat these idiots at their own game and so can YOU!!!. I’ve only come into contact with them twice an MADE them change their policies twice. I already told them that they would wish they never met me and once i beat them i will tell everybody how to beat them. i cannot expose my plan at the moment but i will within the next few weeks, but until then remember
You DO have the right to have your assessment recorded (Audio or Video). when you receive the appointment, inform them straight away that you want to have the assessment recorded as set out in their own policy. Under the Equality act 2010, they must have provisions in place for disabled people.
.
Do not sign ANYTHING that stipulates what you can do with your copy of the recording. (under the Data Protection Act) you can request a copy of the recording and then are free what you want with your own personal information jf you have already been duped by this stipulation).
The law states that you must attend the assessment.in order to get your benefits, and the government employ ATOS to conduct these assessments. The contract that ATOS have with the DWP means that if they refuse you an assessment after you have made all reasonable attempts to undergo an assessment, they are breaking the law and denying you the right to your benefits.
The reason that ATOS and the DWP are getting away with these injustices is mainly because WE, the people, are letting them get away with it. The more we do this, the more untouchable they will feel that they are. We can beat them if we unite and stick together. The protests that we see going on around the country are not effective but i am planning a protest that will cause major disruption to ATOS and the DWP and will be in touch with the moderators of this site an many of the other sites in due course, Until then keep checking these sites for more information.
Don’t get worried, and don’t get Mad. GET EVEN
Blazin Storm
Comment by Blazin Storm — October 27, 2011 @ 6:27 pm
Hi Blazin storm.
I like your style. you have the passion that whips the blood, and we need more folk of your calibre, could you do me a big favour because this needs to be better known, and stick this post in the forum, here at http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ this will be lapped up like whipped cream.
Good work Blazin storm.
Comment by dwpexamination — October 27, 2011 @ 6:54 pm
Blazin Storm. Please post this story in General Discussions on the forum, well done again?
Comment by dwpexamination — October 28, 2011 @ 2:46 pm
Hi. Great site. My home medical couple of days and scared stiff. Need some advice plz. I live wit heart probs, brittle asthma of which landed me in hospital 22 times admitted. Even more trips to casualty and 4O or more ambulances over the years. Also suffer wit migraines, anxiety, agoraphobia. At least on the day they come ill be very wheezy, breathless, odd heart beats wit nerves adding to stiff neck and shoulder blades. What r atos playin at treating others in a manner they would hate.
Comment by Anonymous — October 31, 2011 @ 3:24 pm
I appreciate many have one health problem that they suffer with terribly and that will affect their everyday lives. but given the health of me- no 32, wat job wil jcp offer someone like me? By health problems above how many points do you think ill get in my 1st assessment? Atos- (the slimy gits), wont tell anyone where the points lie. Someone please help!! Please!!
Comment by Anonymous — October 31, 2011 @ 3:51 pm
What are they playing at ? well to be honest they are making money for themselves and it’s no game I can assure you, they get a bonus for every claimant they find fit for work, it’s not about helping you it’s about helping themselves, and that’s why they must be stopped, we are doing that here at the forum http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ if things go badly for you and you need to appeal or need other advice then free expert help is available at the above forum
Comment by dwpexamination — October 31, 2011 @ 6:58 pm
Many thanks for yr reply. Yr right about atos being out for themselves. If things go really badly then the interview wil be stopped by mum, (my carer) and an ambulance will have to be called. I am scared my benefits would be stopped then based on not being able to completed medical. Nice to find advice on my phone though. Im sure many people with good health who manage to work and complain about people on benefits dont have a clue. I would swap with them anyday. Will keep my eyes on this site for any other helpful hints or info. Many thanks.
Comment by Anonymous — October 31, 2011 @ 11:24 pm
Don’t worry whether you think your benefits may or may not be stopped that’s something you have no control over, if the worst comes to the worst you can still receive benefits, we can show you how at the forum http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ amongst other things, so just pick a user name and log in when you feel ready.
By the way ATOS will almost certainly have notices on their walls saying something like ”we are not responsible for your benefits, see the DWP etc” the truth is halfway, they are both responsible, ATOS make up the lies and the DWP mindless decision maker/s (who has no medical knowledge) rubber stamps everything in sight.
Anyway as I said that is something you can’t control, nobody can, so don’t worry about something you have no control over, and appeal and still get benefits if you believe their decision is wrong.
Comment by dwpexamination — November 1, 2011 @ 6:29 am
Thanks. Noticed that some were examined by nurse. Was also told i would be seen by a health care professional. I rang atos straight away askin what the qualifications were. Atos told me it would be a nurse or doctor. I told em i did not wish to be seen by a nurse (no harm ment to nurses) wen i am under 3 different teams of consultants. I have a HCP M comin out. Not sure if we can name these on site? And do your own review? My wish of a doc was met. I may do the recording on my mob. Its in my home, and not tell them. At the end of the day they will not know, may have some of blazin storms fight in me yet. Would ask for you to advertise this website but anyone in the frame of mind like us will soon find it.
Comment by Anonymous — November 1, 2011 @ 7:58 am
Hello. How do i pick a user name and go onto the forum please? May seem daft but Only got my phone internet to look at info and have no access to e mail or have a clue how to set it up.
Comment by Anonymous — November 1, 2011 @ 8:43 am
Evening all. My brother P went through the medical ok. Thankfully his health condition has since improved enough for him to go back to work. He has been working again now for 2 months. He had a phone call from Atos yesterday asking him to come in for an assessment- what a joke! P has some advice : – 1) atos will talk fast trying to get you to contradict yourself. If they do this ask them to slow down, if they do not then ask them to repeat their last question. They soon get fustrated and slow down. Usually they get annoyed with this and you sit there nice and calm- revenge is sweet! 2) if you secretly record the interview and then have to go to tribunal you have evidence of their lies, possibly in front of a judge- again revenge is sweet! 3) if the assessment goes on for a very long time act uninterested, shows your lack of concentration and that you can get tired quickly. 4) remember Atos use underhand tactics, the more helpful tips for worried people the better disabled and unwell people can reassured.
Comment by Anonymous — November 1, 2011 @ 9:48 pm
That’s great his health has improved and can get himself away from the hell that is ATOS, yes you are right ATOS and the DWP decision makers use underhand tactics alright, they will try any trick to deprive genuine folk from receiving their benefits. What a sad sad company, they can’t get their results fair and square and have to stoop to lies and dirty tricks.
http://dwpexaminations.blacktrianglecampaign.org/phpBB3/
Comment by dwpexamination — November 1, 2011 @ 10:15 pm
Morning, I have my medical this morning. Given the bad reputation of Atos I am concerned. I fear meeting new people and am dreading the fact I could be placed in a work related activity group as I know I could not cope with this. Going to use some of P advice. Gonna fight to a tribunal if I have to. If I can fight to breath and live Atos and tribunal should be easy. Watch this space and I will let you know how I get on.
Comment by Anonymous — November 2, 2011 @ 9:38 am
Cheers Anon.
And good luck this morning, let us know in the future what the result was, and don’t forget the future help at http://dwpexaminations.blacktrianglecampaign.org/phpBB3/
Comment by dwpexamination — November 2, 2011 @ 12:28 pm
Hi. My home Medical now done. Not sure wat the outcome will be. Not gonna panic now based on some of the docs words. ” once on esa claiments will have to go through these assessments every so often and in my case he thinks it will be once at year”. Does that mean he thinks i have gained enough points or indirectly the doc telling me there points are high and i have got esa?? I was not lulled in by their nice manner or quick questions. They say when a claim form comes they will contact my consultants. Watch this space.
Comment by Anonymous — November 2, 2011 @ 12:56 pm
Hi Anon.
It does sound positive, but you never know with ATOS healthscare, anyway if the worst does come to the worst then as I said you can get plenty of advice on the forum.
Cheers and good luck.
Comment by dwpexamination — November 2, 2011 @ 4:23 pm
Does anyone know how long after the medical its will take to get my results or esa outcome please? Is it weeks or months? Will my benefits still be paid meanwhile?
Comment by Anonymous — November 2, 2011 @ 5:13 pm
Hello Anon.
It could take a week to in some cases over 7 weeks to find out if you are fit or unfit for work, it just varies, my last result was 3 weeks and the time before that was 6 weeks, as I have indicated it just depends.
If the worst comes to the worst and you are found fit for work then you will find that your benefits cease straight away and on the spot, no messing whatsoever, of course you must appeal immediately, and we can show the whole procedure on the forum http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ and also what to do about rent and council tax rebates and what to do about money while waiting for the appeal to be heard etc.
Comment by dwpexamination — November 2, 2011 @ 7:16 pm
Hi. This is comical! Seen a recruitments website for atos. They are looking for highly trained doctors, nurses, and physio’s. Atos offer further training to their employees to a higher level with further training. What Atos really mean its that they want people with the above qualifications to work for them, (as if they are not already highly qualified and skilled enough in their own right), get further training- (what an insult already to highly trained medical people.) I would love to know what the extra training is to these future, already highly trained and qualified employees- learn to be judgemental, cold hearted, shut off from emotions, pass the buck, selective hearing and unemotional personel but dont worry, your puppet strings come free!!
Comment by Anonymous — November 3, 2011 @ 12:25 pm
ATOS don’t have highly trained and highly qualified people working for them, all ATOS have are the dross, because no decent Dr or nurse would work for them and that’s the reason why they scour the dregs of Europe looking for what they can get.
If ATOS were a highly reputable company, they wouldn’t need to advertise at all, decent staff would beat a path to their door through word and mouth alone, therefore there would be no need to even announce vacancies publicly.
The so called extra training is an indoctrination course, just in case anyone who joins their scummy company hasn’t got the message (unlikely but just in case) or fully understand whats expected of them..!!
Comment by dwpexamination — November 3, 2011 @ 1:49 pm
Hey hey, dont forget I am on your side- yr having a pop at the wrong person. Any doctor would have to have several years of medical training under their belt if trainin in this country. Outside of this country can often be bad training. I dont diss the doctors or qualifications of doctors trained in this country as some have saved my life. I was simply taking the mick firstly out of the Atos website and secondly out of the further training!!
Comment by Anonymous — November 3, 2011 @ 2:24 pm
My doctors seemed like a retired Gp. Very professional. Moaned about the fact that her employer was not keen to pay their very own staff and as her face dropped and her story went on she then changed her conversation on to the matter in hand. I truly believe that any company have a couple that do have a reasonable side to them. Perhaps I was very lucky on that occasion?
Comment by Mary — November 3, 2011 @ 3:05 pm
Ok Anon, sorry and point taken.
Comment by dwpexamination — November 3, 2011 @ 3:52 pm
Not particularly informative folks. You will never take this company down until the governments falls on its backside. Having a page helping joe public get through a medical interview gives loonies a chance of getting their hands on benefits that they should not have. If this information is easily handed out then genuine poorly people have a hard time gaining life saving benefits!
Comment by Anonymous — November 3, 2011 @ 4:09 pm
And why shouldn’t Joe public have the right to know the truth, that’s the point, and because they are being denied the correct information ATOS/DWP are running amok and doing as they please, with the result genuine poorly people are having a hard time gaining life saving benefits because of a lack of advice in the public domain, these loonies as you call them don’t need to come on forums and blogs for advice because just like you…they know it all and don’t need anyone’s advice.
Now…have you got anything particularly informative to tell us ?.
Comment by dwpexamination — November 3, 2011 @ 6:49 pm
Nothing useful- you are fighting a loosing battle though.
Comment by Anonymous — November 3, 2011 @ 8:14 pm
YOU ? obviously that doesn’t mean YOU then ? since YOU are not one of us then why do YOU bother visiting this blog then ?.
I have already gave you free advice below and not a word of thanks, there’s benefits and work why don’t you join up with them, they only charge around £20 for their advice, maybe YOU are one of them.
Goodbye and good luck.
(PS) The word is losing.
Comment by dwpexamination — November 3, 2011 @ 9:32 pm
If You Fight and lose you have done your best ,best to fight and loose than not to fight at all.The poster is probably one of those what trots out what can I do.
Comment by Anonymous — November 11, 2011 @ 2:22 pm
You can only do your best. 52 has a good thought regarding the Government. In the next election any Parliamentary group in favour to help the disabled will have my vote! Perhaps Black Triangle Campaign would stand in Parliament for election???……………….
Comment by Sarah jane lewis — November 19, 2011 @ 2:41 pm
They would get my vote as well..!!
http://dwpexaminations.blacktrianglecampaign.org/phpBB3/
Comment by dwpexamination — November 19, 2011 @ 6:23 pm
Hello there, i have an ATOS “Doctor” coming to do a home medical/assesment tomorrow morning as i appled for DLA 3 months ago. I suffer from Osteogenesis Imperfecta which means my bones break easily and i have lax muscles, low muscle tone and it has caused deafness in my left ear due to inner ear bones crumbling so i also have to wear a hearing aid. I suffered many breaks as a child and up to the age of around 15. I had a relatively dry run in my 20′s only suffered approx 4 breaks from 2001 until 2010 and held down a full time job for 9 years, Then last Feb i slipped and smashed my femur and knee requiring surgery and lots of metal work, then in sept whilst still recovering from this injury i broke a bone in my foot, i had metal work from knee removed in feb 2011 and I was then told i will need a full knee replacement but bcos im only 30 they would try to avoid it for as long as i can get away with it but then in sept this year i slipped again and totally shattered the knee that needs replacing and my right arm. Both requiring surgery and more metal work. So when i got out of hosp i thought bugger it and applied for DLA as my sister with OI recieves this benefit. Just to mention i was made redundant whilst on sick with my femur injury but didnt claim anything then, i just relied on the hubby. Anyway, i still have a brace on my leg and splint on my arm. I asked my surgeon why all of a sudden ive started breaking again and he said its an age thing it tends to happen more so in women with OI and after a scan they found i also have Osteopenia (thinning of the bones), which will most likely lead to Osteoperosis. I’m absolutely terrified of this doc coming as its the same one that failed my brother a few months back saying they couldnt pay him a benefit for an event that was unlikely to happen…ie break a bone…hes broken at least one bone every year of his life!! Should i mention that he failed my brother as he said that this so called Doc had very little knowledge of OI. I wonder wether i should hand him some print outs from the Brittle Bone Society or would that be classed as rude??? Any advice would be much appreciated. Thank you in advance.
Comment by WorredSick — December 18, 2011 @ 11:22 pm
Hello Worried sick.
So this so called Dr is a soothsayer as well as a charlatan ?.
If I were you I would say nothing just let him carry on with his bogus assessment, ironically enough that suits you because you can appeal against any adverse decision he makes and when you see the ESA 85 report he has to send to the DWP and yourself if you request it then the mistakes on there will not only be seen by you but the appeal tribunal as well, in other words the more tripe he puts on there the better it is for you at the appeal hearing, we can help with that appeal here http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ so relax, let him do his worst and if you do not get your legal entitlement then appeal with our help, win the appeal and get all the money they owe you backdated.
Also if they find you fit for work then do not delay, apply for the assessment rate, this will get your rent rebate, council tax rebate, and some weakly money to live on while you wait for the appeal hearing.
REEEEEEEEEEEEEEEEEEELAX, and let ATOS and the DWP worry about their statistics, just don’t become one yourself..!!
Merry Xmas.
Comment by dwpexamination — December 19, 2011 @ 2:23 pm
Does anyone possibly know how long it may take to get an answer. Had my assessment 7-8 weeks ago and when I ring the ” joke shop” I keep being told its still in a pile waiting to be looked at. By the time I get an answer I will probably be due another visit. Thankyou for your time. Best regards, sicknote.
Comment by Anonymous — December 27, 2011 @ 11:10 pm
Hello Anon.
Amazingly enough they are probably telling the truth for once, it’s still to be looked at, if it was me waiting for an answer they can take all the time they like just in case it’s bad news, and if it’s good news well then I’m no worse off..
Comment by dwpexamination — December 28, 2011 @ 9:53 am
My other half refused to go for a medical before Christmas and this week we recieved a phone call to say they will be doing a home visit this week.
Any pointers?
Other half is on DLA and InCap. I’m on Carers for them too.
Comment by GeeDee — January 2, 2012 @ 5:35 pm
Hello GeeDee.
Just understand it is not a medical but a functional assessment, the whole idea of the test is to see what she is capable of doing not what she is not capable of doing, being able to walk around the house and up and down stairs (will not meet the walking descriptor) and is a sure fire way of demonstrating to them she is fit for work.
Remember the whole point of the assessment is to get her of sickness benefits and on to Job seekers allowance and whether she is ill or not means not one bit of difference to them, so the descriptors with there associated points are an indication of where you must look, if the worst happens then an appeal is at her disposal and again the descriptors is the way forward with help here http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ and the local welfare rights office or citizens advice bureau.
Comment by dwpexamination — January 2, 2012 @ 6:48 pm
Hi. Just an update. Me no 32. Just ad my results- 12 point. On to esa wil wil be going to wra groups. Lost my dad last week. Now stressed.
Comment by Anonymous — January 3, 2012 @ 2:17 pm
Im going for an assessment on Thursday and am so scared. My husband who is my carer is taking me. I suffer with severe anxiety and panic attacks. I hyperventilate when im stressed and can’t deal with unfamiliar situations. I have a long term menal health problem. When i spoke to the DWP I was struggling to get my breathe and my husband took over speaking to them. Because im not totally housebound im not entitled to a home visit. My doctor is going to prescribe me medication to get me to the assessment. I can’t go in the lift and have requested an assessment on the ground floor of the building. Im told that this probably won’t be available.When i rang ATOS and asked if people could help me if i hyperventilate i was told they would call an ambulance. My psychologist and gp say im not fit to work and are angry that im being put through this. I can’t even walk along a busy street so how do they think i can work? Any advice on dealing with my forthcoming assessment would be greatly appreciated. Thank you.
Comment by EJ — January 8, 2012 @ 3:55 pm
Hello EJ.
The actual assessment itself is not something to worry about because you will find that the HCP (Health care professional) is extremely friendly and accommodating, of course it’s all an act to give us a false sense of security, but the bottom line is they want you in and out as fast as possible (That’s usually around twenty minutes) and the best way they have found to do that is to be overly nice, false perhaps but effective and I suppose since we know what their game is then it suits us, because that’s what we want, in and out of their farce of an assessment as quickly as possible.
And we can then get down to preparing ourselves for the inevitable being told we are found fit for work then the reading of the fabricated assessment report, then the appeal to the first tier tribunal, any help you may need to prepare for the future tribunal can be found here http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ you can also get help from your local welfare rights office.
Comment by dwpexamination — January 8, 2012 @ 7:00 pm
hi i have an atos medical for dla, i actually requested this for my ill sister, she has a number of health issues, i look after her daily to manage her basic tasks. She presently receives lower care/mobility dla, i applealed this with the request that i would like a home visit so they can see for themselves, but having read this blog im wondering did i do the right thing? please help…
Comment by Anonymous — January 19, 2012 @ 1:48 pm
Hello Anon.
It all depends on how bad your sister is healthwise, be aware that a domiciliary visit from ATOS costs them money and that is why they try and fob you off, plus they are all scared of being bashed, you can visit here at the forum http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ and get all the help you need on any other questions you may have.
Comment by dwpexamination — January 19, 2012 @ 2:30 pm
How can we deal with this? When being transfered to Esa I have been told I have to attend the job centre for interviews with a disability advisor. Been under them before, they cant spell your illnesses let alone know how they affect your daily life. Can a letter from your Gp help? I suffer with agrophobia and claustraphobia- (My spellings and probably just as bad). The idea of sitting in a small office with people I do not know and leaving my home is something I fear weeks in advance of knowing. I cannot cope with this anymore. I fear leaving the job centre in an ambulance or panic attacks. Can a letter from my Gp get me away from these interviews? Ttfn.
Comment by Anonymous — January 22, 2012 @ 7:49 am
Hello Anon.
Were you transfered to ESA without having to attend an assessment ? if that’s true then the DWP must already know your health condition precludes you from attending anywhere because they have acknowledged this by not insisting you have an assessment.
If you were forced to have an assessment on the other hand, did you visit them ? or did they visit you ? you can see what I’m getting at ? if they visited you and you were transferred on to ESA then they obviously cannot expect you to leave your home. And yes I’m sure a letter or confirmation from your GP would help, but like everything to do with the DWP don’t take it for granted.
But if you made the mistake of visiting ATOS health care for an assessment instead of demanding a domiciliary visit from them then you may be on sticky wicket.
I sincerely hope it’s one of the former and not the latter. I would be interested in how you get on please let us know.
Comment by dwpexamination — January 22, 2012 @ 8:07 am
Your advice is wonderful, yes to assessment and it being done at my home. My Gps letter carried enough weight to have my assessment carried out at home due to agrophobia. I found that uncomfortable as meeting new people is an anxious time for me. Now sat at home not only suffering with the anxiety of it all but an irregular heart beat. Am due at my surgery next week for Ecg of heart and to see my lung nurse and Gp. Will take parents with me for both. Thankfully my surgery is 3 minutes from home but still dreading it. Am considering writting a will next week as I reach the age of 31. If my heart and lung disease does not kill me soon the dwp will. If the government does not cure me then they will certainly kill me. Bloody idiots! Sorry- just so angry. If I write to the coalition will they respond?
Comment by Anonymous — January 22, 2012 @ 10:14 am
Hello Anon.
You got a domiciliary visit by ATOS and the conceded ? that’s good, see your GP ask for a short (Can’t expect a long drawn out affair) getting to the point letter and send it on to the DWP, better if someone hands it in on your behalf, the DWP have got a habit of claiming that old chestnut it was lost in the post (Keep the original and hand a photocopy in for the same reason, GPs receptionist can do it for you if you ask) then wait for the DWP answer.
As for writing to the coalition ? yes that would be a good idea to highlight the difficulties people with your health conditions experience, but expect a templated reply along the lines off : We are moving people with health problems in to work and we have found that work focused interviews is necessary to help motivate and save people from being dumped on benefits for life etc etc etc.
It won’t say exactly that beacuse I just made it up, but take it from me, it will be something along those lines. But please do send your MP a letter if he/she is coalition because the more letters of complaint the more they will feel it, and if your MP is not coalition you can still send a letter asking why it hasn’t occurred to these numpties that someone with agoraphobia etc have difficulties with the DWP amongst other things, and is there an alternative to demanding that they attend the unattendable. Again expect a template letter, but as I said the more letters of complaint highlighting the stupidity of the welfare reforms the better, you might not know it but these MPs pace up and down worried that they may lose their precious jobs, some letters of complaint help to concentrate their minds on the work they are being very well paid for.
Comment by dwpexamination — January 22, 2012 @ 11:17 am
I’ve had to finish work after 40 years with several health problems, signed on for JSA not able to do jobs offered moved onto ESA then attended medical then received the letter telling me I had scored O points so benefit stopped and told to go back on JSA. WHat really annoys me is they hadn’t even contacted my Consultant or GP about my medical problems, just made some judgments on my answers eg I was able to walk from car park, could fill in my own form, able to operate a mobile phone?? didn’t smell of alcohol?? (don’t even drink) didn’t seem on drugs(never took one in my life!) looked kempt and well!! How do they know how I feel inside. Luckily Welfare Rights helped me get my money reinstated and now I wait for my appeal all this has made my depression worse than ever and I am dreading going to appeal but if that’s what it takes but what happens if I lose do I go back on JSA I can’t look for full time work as I’m not capable so where do I go?
Comment by Jinxy — January 22, 2012 @ 8:14 pm
Hello Jinxy.
That’s a good question and is actually a very common one, if you do lose your appeal and let’s hope you don’t, then you can just reapply for Employment and support allowance again, there’s three stipulations though, at least six months have to pass before you can reapply, and you must be able to supply the DWP with a sick note.
Since you are appealing it’s highly likely more than six months will have passed before you attend your appeal, this means you can reapply if you lose, and since you are ill then getting a sick line (sometimes called a fit note) should not be a problem. The other stipulation is a worsening of your condition or a new condition, when I reapplied I stated pain in my hip that I never had before, in your case since these people have driven you round the bend, only you can tell if it worsened your depressive condition..!!
By the way let me explain something and this goes for anyone else who is reading this, the DWP and ATOS are in the business of depriving you/us of our benefits they are not part of some kind of altruistic/benevolent society and interested in our well being (have you got enough cash there lads ?/how about smokes ?/we could put you up in a nice hotel tonight lads while we wait for your medical report), so since for them to start contacting your/our GPs or Consultant will almost certainly return a report they will not care for, then it stands to reason why they don’t bother to contact them.
Of course if they thought for even one micro second you/we were not genuine then you can bet your bottom dollar requests for reports would be flying in left right and centre and the Government will make sure they all are free as well and part of the GPs new contract.
Comment by dwpexamination — January 22, 2012 @ 8:48 pm
Good evening. Had a typical letter explaining that I was now on esa, work related activity group. I am about to start the appeals process. Any help? Rang the jcp, asked for a copy of my assessment report, quizzing why I may have to attend a job centre with agoraphobia, (Confirmed by my Gp), with an advisor who can advice me on how to manage my illness or disabilities, (the only accept advice on my health from my teams of hospital consultants). Is there anything else I can put in my letter of appeal? Perhaps I should be sending letters to my consultants instead thanking them for all their hard work and effort but instead of them treating me there was a jcp advisor who thinks they are qualified. Our doctors and consultants should be writing to them to thanking the dwp decision makers and atos for adding to their work load and patients worstening health problems. I am sure atos really stands for- atrocious troubled obstructive shits. What next from dwp? The big ben clock is starting to lean with cracks in the walls and a man said on the news that he wonders if its was a signs of the state of this country. Think he may be right. Ttfn.
Comment by Anonymous — January 23, 2012 @ 10:22 pm
Hello Anon.
You can get all the help you need to appeal to the support group here at the forum http://dwpexaminations.blacktrianglecampaign.org/phpBB3/ just think up a username (not anonymous) and log in, then go to the General discussion page and ask any questions you like, they will help you get it going.
As for big ben ? well the houses of parliament as well as big ben are sinking in to the mud of the river Thames it seems.
By the way once your appeal is in motion you will not be required to attend work focused interviews, after you win your appeal though you will receive a letter saying you have been placed in the support group and can attend work focused interviews if you wish, that of course means you are not obliged to attend.
Comment by dwpexamination — January 23, 2012 @ 11:28 pm
Hope I have done the right thing- sending an 11 page appeals letter. This morning I recieved a copy of my medical report. Many boxes ticked were that none of the about applies and yet on the next page there are some notes, (with limited information) reasons to tick different boxes from above. I think the decision maker did not read the information but just the boxes the atos hcp ticked. Further more I find that there are pure lies and health problems underestimated. So glad I had someone else in with me for my assessment. On my limited movement the doctor says I have normal movement yet during the assessment my right arm could not go above shoulder height. The doctor did not examine my neck or shoulder. There is a part on the form about incontinance. The box ticked was none of the above applies again. Yes his notes explain that I wear a pad and dont always get to the wc in time and suffer with incontinance. I wish the hcp would make his mind up. Either I have a problem or not. The good thing is that anyone with half a brain cell will soon see that the hcp has contradicted them selves to the point I have make 23 points in my letter of appeal of adding the info the hcp failed to write down and where he has contradicted themself. Take care.
Comment by Kimbely — January 25, 2012 @ 4:52 pm
Hello Kimberley.
The tribunal will see through the ATOS lies alright don’t worry about that, it’s what you say when questioned on your functional ability on the day at the tribunal that will count the most. Contend the descriptors is the way to go..!!
Comment by dwpexamination — January 25, 2012 @ 5:34 pm
Thank you for your thoughts. I cannot cope with attending a tribunal so hoping for one without me. Hoping for a re-assessment without me but think my long winded letter will wake the decision makers up a bit. They need to look at the info in my original claim form, see the evidence from Atos and not just to look at the boxes at the hcps tick. Good news on the upcoming blog on name and shame the atos staff. Its will be great.
Comment by Anonymous — January 25, 2012 @ 7:41 pm
Hello Kimberley.
If you do have to attend the tribunal then don’t worry because the questions are what you would expect and are all pertinent to your condition so if you answer honestly and stay cool then you should be ok.
Comment by dwpexamination — January 25, 2012 @ 8:17 pm
Thats ok thanks. To go to a tribunal means having my Gp give me some form of calmer eg diazepam or some other form of sedation which would help to get me there and prove the level of stress this is causing. The other choice is to try and attend it without and let them see me in a panic with tachycardia. The hcp that examined me now has a massive complaint against him. Hope he is not at the tribunal- think my carer and family are ready to knock him out.
Comment by Anonymous — January 25, 2012 @ 8:37 pm
Hi Kim.
Which one you choose is up to you, I would suggest trying to get by without it, and just be yourself.
There is no way the HCP who examined you will be there at the tribunal, more likely to be at the ATOS assessment centre stuffing over as many folk as possible to earn as much blood money as he can get.
Comment by dwpexamination — January 25, 2012 @ 9:10 pm
Atos seem to have canisters of air freshners up their asses. When you are still in their room and they talk its seems nice (false) but when you get the medical report it seems they lie still talking out their asses but it stinks.
Comment by Kim — January 28, 2012 @ 9:36 pm
Kim…They have been getting away with it for so long, it’s hard to believe !! Not one single person has ever written in and said their assessment report at ATOS was spot on, not one, but plenty have written in saying they are nothing but liers…and no one with any kind of authority takes any notice..!!
Comment by dwpexamination — January 28, 2012 @ 9:54 pm
That is so true. If you refuse the assessment I presume they can stop your benefits just like that. Any idea what happened to the 12 atos staff under investigation? I think it was on the news but I have heard of no outcome. I think it may have all been swept under the carpet, (possibly by this government as they are doing all their dirty work). Think the gmc may be involved.
Comment by Kim — January 28, 2012 @ 10:18 pm
Just one last thought. I know you will be taking this fight to the news papers ect but please accept my idea of the red button on the news channel. There is a choice on ‘whats affecting your community’. Often news on charity events ect but these benefit assessment being unfit for purpose has been mentioned on the the heath section but perhaps free publicity for this and its sister blogs? Just a thought. I am only thinking small time and am sure you will probably be frying this fish higher up with more publicity. I was thinking of writing in myself but did not wish to bring any reprisal or jepordise anything you were are already doing. Take care for now.
Comment by Kim — January 28, 2012 @ 10:38 pm
Refuse the assessment and they shop you up to the DWP and they stop your money, so attending is forced or starve.
It’s difficult to get any news on what’s happened to the ATOS Drs they don’t exactly advertise anything that’s going to show them in a bad light, so as you say it all get’s swept under the carpet.
There is a rumour going around that the DRs were taken away on a train to a place in Eastern Poland called Sobibor, somebody is spreading lies telling anyone who will listen that it is a death camp, absolute nonsense and don’t believe a word of it because I was reading the Daily mail this morning and I have full confidence in them when they say it’s just not true and is enemy propaganda. Cameron wouldn’t do that ? well…would he ?.
Comment by dwpexamination — January 29, 2012 @ 8:54 am
Some relief. Seen my gp today. Told him everything regards recent health and he wants me on antidepressants and councilling. I have of course said no and explained most of the anxiety caused by atos. He said to go and see him when i get any further news from atos. Surely our Gp’s and consultants letters can carry some extra weight in our fight?
Comment by Kimberly — February 2, 2012 @ 6:23 pm
Hello Kimberley.
Since you are appealing the DWPs decision that finds you fit for work then ATOS will not be contacting you, why would they ? your fight is now against the DWP and their erroneous decision.
And if the DWP get back to you after they have reconsidered and inform you that your appeal has been denied, do not believe a word of it, because this is a trick they try on everyone, the hope is that you are persuaded that your appeal has been heard and failed when in fact it was only a decision makers reconsideration.
If you or anyone who reads this gets one of those letters then contact them and make sure you get it across politely that you are disappointed but would still like to carry on with the appeal to the first tier tribunal.
And don’t forget if you haven’t already done it to tell them that while you wait for the appeal to be heard you would like to be put on the assessment rate, because they have a habit of conveniently forgetting to mention it, but strangely enough they always remember to tell us we can sign on for Job seekers allowance…by the way your own Drs letters and medical reports do carry some weight at the tribunal but not with ATOS.
Comment by dwpexamination — February 2, 2012 @ 7:00 pm
Thank you again. Was never told about the assessment rate. I was told I would go from incapasity to esa via my joke of a medical. I have also been told that the rate of benefit would not change while my claim was going through the tribunal stage (at least 6 months) but assessment rate never mentioned. Just hoping my dla is not stopped by the joke of dwp ect saying fit to go into the wrag. They are making fools of us by failing to inform us of important options. Thank you once again.
Comment by Kimberly — February 2, 2012 @ 7:52 pm
I’ve discovered they never contacted either my GP or my consultant before I went for my medical with Atos Obviouslly I’ve been turned down and told I’m fit enough to work all this decided on a medical lasting 40 minutes with no knowledge of my medical history-it’s disgusting. My GP informed me that they have wrote to him to say I will be fit enough to return to work within the next few months,perhaps they know something I don’t and I will be miracously cured!! All I can do is wait for my appeal and see what happens.
Comment by Jinxy — February 2, 2012 @ 10:47 pm
Kimberley…If you are going from IB to ESA and you are found unfit for work and hence entitled to ESA the rate does not change but if you fail to gain ESA your money will drop drastically , in fact if you are told you are fit for work you will receive nothing and have to appeal so the assessment rate is the rate you are paid when you have to appeal if you cannot sign on for work.
Comment by dwpexamination — February 3, 2012 @ 1:46 am
Hello Jinxy.
They never contact your GP unless it helps them, if you have to appeal then we can help, also don’t forget to contact your local welfare rights for advice.
Comment by dwpexamination — February 3, 2012 @ 1:58 am
Is heating a can of beans or soup, or adding boiling water to Pot Noodle really ‘preparing’ food ? I was bullied into agreeing with the ‘nurse’ who tested me to-day that the above mentioned procedures constitute cooking and food prep; I think Jamie Oliver would beg to differ !
It’s pretty obvious the examiner was trying to deliberately low score me ……even though I tried to get it home to Her that I don’t cook .
Also, how do they think a nurse can ‘examine’ someone suffering from long-term anxiety and depression ?
Comment by Anonymous — February 6, 2012 @ 3:17 pm
Hello Anonymous.
It’s not what you say to the nurse that counts, it’s what you say to the appeal panel that determines if you receive ESA.
According to the DWP and ATOS if you can be bothered to enquire they will tell you that the nurse has been specially trained in functional health assessment and because it is not a medical then a nurse or physiotherapist assessing us for work is legitimate.
If you ask why we need medical reports since it is not a medical assessment, then their prearranged answer is because it is a functional assessment with a medical component in there.
JOKERS……..!!
Comment by dwpexamination — February 6, 2012 @ 3:45 pm
I wish to get a copy of the report made by the nurse at my ATOS assessment interview. How do I go about that?
Comment by ria — March 1, 2012 @ 11:26 am
Hello ria.
To get a copy of the ATOS assessment report phone the DWP and ask them to send you a copy, they may ask you why you want it ? do you wish to appeal ?.
Sometimes when you phone they do not send you it, this is because they do not want you to see it, but they must supply it (LAW) if you ask, trouble is when you phone them, they can say they have never received a call from you, even though their calls are recorded, they can still deny it, if this happens then send them a letter explaining you need it for such and such, by the way if you are appealing a decision you don’t like then ask for the appeal form as well (GL 24) if you don’t ask these people they will not help you.
If you have any ATOS/DWP problems ria then log in to the forum for help http://dwpexaminations.blacktrianglecampaign.org/phpBB3/
Comment by dwpexamination — March 1, 2012 @ 11:46 am
Can someone advise if transferring from ESA to JSA is seamless i.e. there is no period when benefits are stopped?
I have been on ESA for a few months. Bizarrely (perhaps), I did not request to go on ESA, I was put on ESA. Here is my story.
I have worked all my adult life but suffered a serious injury a few years ago which left me ‘mobility impaired’ – (personally I consider the word ‘disability’ to apply more appropriately to the act of discrimination; it is a social construct i.e. if someone treats you unfairly because you are ‘impaired’, then you are rendered ‘disabled’ and yes prejudice and discrimination happen more often than equality and fairness do in terms of systems accommodating people with illnesses, including mobility impairments or mental health problems for example). Anyway, my injures mean that I have part of my spine missing, I have permanent nerve damage in my legs and I have been in constant pain as well as restricted mobility ever since my accident. Through discrimination and unfair treatment in many parts of the society, not least by previous employer, I started to suffer anxiety, stress and bouts of depression. Ultimately I lost my job; not because I lacked the skills to do it but because no ‘reasonable adjustments’ were made by my employer to accommodate my physical limitations post accident.
I left work and signed on JSA. Though I tried very hard to get work, providing evidence fortnightly regarding the number of jobs I was applying for, the Job Centre Plus were unable to reconcile my qualifications and skills with my lack of success in finding a job (this, despite the evident economic climate in the U.K and lack of available jobs as a result, in addition to my total unsuitability for many of the available jobs I was offered).
This led to an increasingly aggressive, hostile and ignorant approach toward me personally by my ‘case worker’. I began to feel increasingly persecuted for the economic troubles of the U.K and my health condition, as I could not find suitable work. My stress and anxiety levels increased – I was repeatedly asked to apply for work which was wholly inappropriate for my physical condition. My health deteriorated and I ended up suffering a heart attack. Following my heart attack, I called the Job Centre to advise them that I could not make my ‘signing on’ appointment as I had been admitted to hospital and was advised to rest by a medical expert (my signing on appointment was due 2 days after my heart attack occurred). The Job Centre were OK with me and said, ‘you need to be transferred to ESA if you are too ill to sign on’. At the time I had no idea what ESA was! So, I followed their instructions and transferred to ESA. I was contacted and asked for medical certificates to certify that I was not fit for work. I just thought this was silly bureaucracy but obtained my medical certificates anyway as my GP advised that I was not fit for work (heart attack, mobility problems inc permanent nerve damage, constant pain, anxiety and stress, plus all the associated problems people will be familiar with who suffer similar conditions, such as interrupted sleep or sometimes no sleep, tiredeness, lapses in concentration due to heavy doses of medication etc etc). I did exactly as I was advised to do by both the DWP and the medical profession.
I have now been asked to go to an ATOS assessment. I was curious to know what to expect, so came to the world of the internet to do some reading. From reading this blog and others, I have concluded that attending this assessment would be a waste of my time. I am confident they would find me ‘fit for work’. My primary concern now, is not why or how this could happened (it is irrational), but instead to find the best possible solution to meet my personal needs. For me, as long as I continue to receive benefits until my circumstances change, that is all that interests me. I shall deal with the inevitable persecution at the Job Centre in due course and doubtless have another heart attack and simply go on ESA again when that happens until the ‘assessment’ cycle starts again.
So, I believe my best option is to transfer back on to JSA before my ATOS assessment (and circumvent the inevitable) and go back into the JSA system. My question is, will any benefits be stopped whilst this request to ‘transfer’ happens? All I want is for them to continue paying my council tax and my mortgage relief as well as the ‘allowance’ during the ‘transfer process’.
I would like to add, that I totally understand that there are many many people who are far worse off than me and I think it is disgusting the way the Gov is treating people through its policies. I would be happy to work but this does not mean that I am totally ‘fit for work’ or that it is appropriate for me to be placed in ‘any’ type of work situation. It is in the lack of understanding for ‘individual’ circumstances of claimants that the system fails. As I don’t believe this will be changed in the period between now and my ATOS assessment, it is the most sensible option for me to protect my benefits by whatever means necessary (and legally). Can anyone advise?
Comment by Tom — March 1, 2012 @ 9:53 pm
Hello Tom.
The way I’m reading this is that it’s all about money rather than all about your health Tom, if all you care about is a seamless transfer from one benefit to another then the best option for you is to sign on for JSA again, the transaction will be the smoothest possible I can assure you, you will be treated as a new claim and the most you will have to wait for money is a few weeks probably, bear in mind that the DWP are the most ruthless Government organisation ever and like the wolves that they are they might see you staggering in there, know what your plan is and decide to make an example of you.
So if you do decide to follow that course then you will have to sign a form stating that you are fit for work, this is to absolve them not you of any responsibility just in case anything happens to you, because the truth is Tom they couldn’t give a rats ass if you died.
Of course there is an alternative which is already in your hands and it’s to go for the fixed assessment, accept that you will probably be found fit for work and appeal, there will be a delay in your benefits of course this way, probably around six weeks, but that’s one of the reasons why they do it Tom because they know that people don’t want to wait for their money, and they take advantage of it.
Personally I wouldn’t give these bastards the satisfaction of seeing me cowering like a small frightened rabbit for any amount of delay in what’s rightfully mine, but then again I’m not you, so whatever you do Tom, I wish you the very best of luck and good health.
Comment by dwpexamination — March 1, 2012 @ 11:05 pm
dwpexamination – I can only assume that anyone who can wait 6 weeks for a benefit has access to funds. I have no money other than my ESA allowance. I have no access to support either i.e. loans, gift aids, a treasure map! So, my reality is that without ‘money’ I can not eat.
Anyway, thanks for answering the question – looks like JSA is for me (because I am sensible).
Comment by Tom — March 2, 2012 @ 12:25 am
Hello Tom.
You asked a straightforward honest question Tom, I gave an honest straightforward answer, I’m not here to BS people, sorry if it wasn’t the answer you were looking for, but at the end of the day Tom we are all adults and evaluate a life threatening situation for ourselves and we decide what suits us and do what suits us anyway no matter what I or anyone else says..!!
Well Tom you may wait three weeks for a benefit (JSA) so if a person can wait three weeks without funds, they can wait six weeks without funds, I waited three and a half months without funds and I’m still here JUST..!!I suspect your question was rhetorical.
As I said Tom, take care of your health, because if you lose it, funds will be the last thing on your mind…
Comment by dwpexamination — March 2, 2012 @ 5:59 am
i to fail foul of atos i now await the transcribed phone evidence but i think it will be conveniently lost
Comment by peter vincent — March 6, 2012 @ 5:55 am
Hello Peter.
Do you mean you were found fit for work and are going to appeal ?.
Comment by dwpexamination — March 6, 2012 @ 7:13 am
filling in my husbands pink form now. We are even more confused as we recieved a letter the other day saying our income support was going up in April?? So even more confused why we are having to fill in the ATOS forms if we have recieved a letter saying this….very worried, very confused, and panicking slightly – and I’m not even the one whos ill!!
Comment by Mel — March 6, 2012 @ 11:22 am
Hello Mel.
The ESA 50 is from ATOS and the other letter mentioning increased Income support is from the DWP.
ATOS ESA 50s are computer generated and sent out as they come, it’s your husbands turn to fill one in, sooner or later everyone who receives any kind of sickness related benefit has to fill one in. The other letter in a brown envelope from the DWP is also computer generated and is sent to everyone to inform them of the rise regardless, as long as they are still claiming it.
Comment by dwpexamination — March 6, 2012 @ 12:20 pm
Hi all. Been meaning to update for a while. I commented a few months back as i suffer from osteogenesis imperfecta, have suffered many many broken bones throughout my life but it petered out for a few yrs and i worked for many yrs without problems. Anyway, i then suffered 5 breaks in an 18 month period so i decided to apply for dla after smashing my knee and wrist the day i got out of hospital (my sister also gets it), i was then faced with Atos coming to give me a home medical whilst i was lying on sofa with my knee still splinted etc. Well, i got accepted for Higher rate mobility and i think the middle for the other component but…i only got accepted for a period of 11.5 months and i shall be getting reviewed in september. I think this is ridiculous as it seems they’ve based my award on the fact i had a broken arm and knee at the time, not the fact that i will always have brittle bones, so does this mean when i’m reviewed, if i havent broken anything since i wont get it renewed??? I mean my bones heal but i’ve still got brittle bones and always will, i’m getting worse with age, not better and i still need a knee replacement!!! As it happens, i was in casualty again last night after slipping in my kitchen, thankfully i didnt break anything it but i have snapped the ligaments in my already severely damaged knee and broke 3 toes. So, i’m now back on my crutches after just managing to get around indoors without them, i also am on waiting list to have support wires removed from the knee as they’ve both snapped. I doubt i will have DLA renewed but i just think being accepted because i had actual broken bones at the time must mean any one with broken bones can apply and then have it taken off them once healed. Quite bizarre really. I’ll keep you posted what happens in Septemeber…OH AND JUST TO SAY, because i was only awarded for 11.5 months, i was able to apply for the car as you have to be awarded it for 12 months or more…VERY CUNNING EH??!!
Comment by Anon — March 6, 2012 @ 3:16 pm
Hello Anon.
Congratulations on not having to go through the hell in losing your DLA, yes you will find a white envelope on your doormat some day before the years is out, they will demand another assessment, of course if you have broken bones in the meantime then the same applies you will get DLA again, if you haven’t damaged anything they will almost certainly find you fit. Your right only awarding eleven and a half months is a crafty dodge, and I didn’t know they did that (Not that I’m surprised) just that we learn something new every day.
Comment by dwpexamination — March 6, 2012 @ 3:51 pm
im a double amputee and when i first claimed dla i was awarded it for 3 years even though it took them 8 months to decide wether i was entitled to it.i asked them why i had to reclaim in 3 years and they said your disability might change,i was gob smacked and i said to them what do you expect me to do wake up one morning and have grown legs and feet.The system is stupied.
Comment by sharon — March 7, 2012 @ 5:28 pm
Well I’m not trying to be funny Sharon but these fools actually think your limbs will grow back in, Your disability might change ? there having some kind of morbid laugh. it’s a nightmare..!!
Comment by dwpexamination — March 7, 2012 @ 6:16 pm
Readers…Do you care about your National health service, if so please sign Eoin Clarke’s petition (Will not vote for Lib-Dems again if they allow this Bill through), it’s on the right hand side of the page, and only takes a minute to sign and click your e-mail return as confirmation..
http://eoin-clarke.blogspot.com/2012/03/lansley-refuses-court-order-to-publish.html
Comment by dwpexamination — March 10, 2012 @ 3:55 pm
I had my Atos medical on Friday 9th March.
I managed to take my Sister with me to take notes, on mentioning that we were going to take notes, the HCP looked intimidated and called for the receptionist for advise, we were told that any notes taken would not be taken as legal, as in evidence to support my cause in appeal or tribunal.
I have just checked the HCP name against the NMC, which astonishingly doesn’t show up, there may be a possibility that the name was written down wrongly,but her name badge was handed over to prevent the former from happening.
I will post more when i have details, will telephone the NMC tomorrow.
Comment by alisonsgypt — March 11, 2012 @ 5:09 pm
How did the HCP know you might be going to a tribunal if she hadn’t even assessed you yet ? sounds as if she had already made up her mind.
And if notes can’t be used at a tribunal then why did she bother telling you then ?.
There is a legal adviser can’t remember the name ? who won some appeals for his client based on the evidence that the HCP wasn’t registered to practice in Britain.
Remember…ATOS cannot get qualified staff here they are really struggling, that’s why they are scouring the dregs of Europe for help. It seems that the name ATOS on a Curriculum vitae now doesn’t look good at an interview for a future job in healthcare.
Comment by dwpexamination — March 11, 2012 @ 6:00 pm
My husband had ESA assessment , deemed fit for work 0 points went to appeal placed on support group, refuse
D dla appealed, Atos home visit found to be highest rate mobility middle rate care in December. Received call for non appearance at job interviews(from letters we never receive, as they were sent to previous address. ) received another call for wife to attend work( who is 60) and cannot walk without 2 sticks attending Hydropool and has had cancer !!! Just received another form for ESA reassessments . This is relentless! Worrying stressful and causing vulnerable people no end of misery. Why when they know the conditions are chronic ,can they not leave us in peace
Comment by Kay — March 13, 2012 @ 2:17 pm
Hi everyone
Here is a few links my son has supplied me with that could prove useful. The first is on how the LiMA software works and how an incorrect input on just one of the descriptors could impact the whole outcome of your Medical Assessment.
http://www.cpag.org.uk/cro/wrb/wrb189/computer.htm
The next is an ESA Case Law Summaries which gives some invaluable links for:
Limited Capability for Work Activities
Limited capability for work related activity tests
Evidence
Tribunal procedure
Youth esa
and it also gives a good look at what the law states that tribunals must look for. The link is:
http://www.disabilityalliance.org/esalaw.htm
I hope that this proves useful.
Comment by Tony — March 16, 2012 @ 9:29 am
I have just been telephoned today by ATOS and been given a medical assessment appointment for 2 days time (7th April). I have never received or completed an ESA50 and they are still going ahead with this without any information on my current medical condition which has changed radically since my last medical! Can they do this – how will they do the “assesment” with no details? Surely this can’t be right. Any advice please?
Comment by Gail — April 5, 2012 @ 5:37 pm
This is not really a medical.I asked for as copy of my report and it was a personal assessment of my supposed fitness for work but with a lot of highly judgemental stuff by someone who knew nothing about my condition. They didn’t check with my doctors, although they said they had. There was a lot of stuff about how I looked, including the clothes i wore and the ‘way’ I answered questions. A camera had obviously watched my arrival.the interview was full of strange questions about my lifestyle and when I didn’t reply in the way that was obviously wanted i was asked the same question in a number of different ways until my answer ‘fitted’ into what was on the computer. I got the distinct impression that there was a definate hidden agenda behind the entire process.
Comment by ria — April 6, 2012 @ 9:14 am
That’s exactly the same experience as me, I was horrified when I read the report as to what the doctor had written in his report about me eg I didn’t smell of alcohol, or appear to be on drugs, wasn’t rocking in my chair, I was clean well kempt the list goes on and on nothing relating to my medical condition and the same as you my GP,or,consultant had not been approached. What annoys me is Welfare rights have more or less told me I probably won’t win my appeal as I ‘do not fit the points system’ as required even though I have a list of illness’s as long as my arm and definitely not fit for work, who would employ me with my medical history!! I’ve had to finish work after forty years give up a well paid job and I never realised it would be so difficult to get sixty odd pounds week benefit.
Comment by Anonymous — April 6, 2012 @ 10:00 am
Hello Anonymous.
I don’t know what your health issues are because you haven’t mentioned any, is it possible you can be eligible for one or more of the ”NON FUNCTIONAL DESCRIPTORS” if so then you could fall in to the special circumstances rule, either 29(2)(b) or 35(2)(b) but as I said you haven’t mentioned your health issues to me but the welfare rights have all your information, and are experts on these descriptors and what they mean, but even experts make mistakes and I see no reason why you can’t at least ask why you don’t qualify for one of the Non functional descriptors.
Of course the welfare rights can only work within the law, and can only work with the descriptors that are a part of that law, but you can at least ask why you are not getting the Non functional.
The Government have created a mess, it’s all a sham, people with serious health issues are being told they don’t fit in with some idiots (Pigeon holed and tabulated) (Probably Prof Mansel Aylward) version of what is an illness and what isn’t.
Comment by dwpexamination — April 6, 2012 @ 10:59 am
Thank you for that information I will enquire when I next speak to them, they have given me a letter for my GP to write a report about my medical conditions which without going into too much detail are history of stokes, Tias lifelong medication at risk of another left with memory problems, severe osteoarthritis of the spine but I am able to walk and do enjoy walking butnnot long distances, obviously this all went against me at my medical, high blood pressure, depression and several other conditions but as I can work a computer, a telephonenetc and on medication they have awarded me 0 points and found me fit for work the whole thing is a farce and although I am not looking forward to the appeal I will fight it all the way. Many thanks
Comment by Anonymous — April 6, 2012 @ 11:26 am
Hello Ria.
There is no hidden agenda, it’s really quite open and frank, they want us off any kind of sickness benefits, that’s dead or alive, preferably dead..!!
Comment by dwpexamination — April 6, 2012 @ 6:21 pm
Hi all. There are some horror stories on here, no wonder ppl are scared, confused & worried.I have long medical problems relating from a bad car accident. Over the years athritis have affected most of my joints.I had an assessment years ago before we had all these new changes & the employment of ATOS. I was then told i am not fit to do any kind of work, and for few years didn’t have any problems.Until the last coulple of years i started to get the hassle. I was sent for an assessment & they knew that i was going in hospital within a few days to have main joint removed from my right big toe & i was going to be in plaster for 6 weeks. With all my other medical problems i did not expect to get kicked off & have to go on job seekers. (Didnt have a clue how all this worked then) I was on that for a year but my health has gone down hill, with 2 strokes, athritis in lower spine, neck, hip, knee & in a few of my toes also under soles of both feet.My GP said i was not fit to work. I have been on ESA & received a letter saying i had to have a medical after 13 weeks & to fill in the form on illness. All done & posted. I waited 6 months after the 13 weeks for my medical. It arrived at the same time i was going into hospital to have another joint out one of my toes & pins out of another one.I could not attend the assessment. I was told to get my gp to fax them saying i was not fit to travel & that i request a home visit. I was granted one which has just been done. My daughter who is my carer was with me at my home while the doctor (or who ever he was) was doing the assessment. I was surprised that he didnt know about certain drugs i took & i had to explain to him. He acted friendly (but i’m not silly) He was only here about 20 min. He asked me to do certain tasks, i told him no as i was not prepared to put myself through so much pain. He did say that was ok. He agreed that i cannot sit to long or stand. etc etc.. So now the big wait for a decision. I already have the CAB on my case as i have been waiting so long for my assessment. They will be helping me if it goes the wrong way. I have been so stressed what with my op on both feet & all this i’m not sleeping eating. Why should we be put through all this.
Comment by Jean 56 — April 14, 2012 @ 3:37 pm
Because the Tories and their Lib Dem glove puppets think we are all scroungers. Think about it, they are time limiting benefits, taking away our rights to Legal aid and removing vast sums of funding from the CAB and welfare rights. Its an obvious attack on the weakest in society. Keep us posted and why not join our forum at dwpexamination.org and help us to fight the good fight.
Comment by dwpexamination — April 14, 2012 @ 6:48 pm
Yes i agree totally. The 80s comes to mind which i remember to well.Both the Tories & Lib Dems are hell bent on doing the cleansing programme with getting everyone onto a work programme and are not concerned how it affects, as you said the weakest in society. I am now waiting with anticipation on my medical results, which i will not hold my breath on. I will join your forum to help fight this the good fight.
Comment by Jean 56 — April 15, 2012 @ 11:22 am
The Work Programme is all part of the big society Cameron wants to force upon us. Did you know that between June and October 2011 370,000 people “took part” in the Work Programme? If all of those people worked a 37 hour week at the £6.08p per hour minimum wage then the total saved by the private sector in wages (For one week mind you) is over £83 million pounds. The companies involved do not pay tax, n.i. or holiday pay and can use the “Workers” for whatever purpose they see fit. Thanks for joining the forum
Comment by dwpexamination — April 15, 2012 @ 12:10 pm
The figures are staggering & beyond belief. I had no idea how bad it was and in such a short space of time, but not surprised.I often think what the hell, come off the sick & go back on the unemployment to spare me all the aggravation & distress.No one would employ me with a CV that says Medically retired.This is really only the start of all the aggro we are going to get if have a disability. Perhaps Cameron would love to put us all in work houses until we drop. Well that would save him a lot more more money …..
Comment by Jean 56 — April 15, 2012 @ 10:45 pm
Thats the general idea, were all scroungers in his eyes
Comment by dwpexamination — April 16, 2012 @ 12:02 am
i have been waiting 15weeks after filling out an atos assesment form was told i cannot claim job seekers whilst waiting but to try for a crisis loan i have problems with walking haveosteoarthritis in both knees have a lung disease am tachocardic andsuffer depression ive phoned the medical board every week since to be told my forms arewith the decision maker andthat they dont kno yet if i will be sent for a medical can you advise me please on anything you think could help me from jane 49
Comment by jane hammett — April 16, 2012 @ 11:20 pm
Sorry Jane but i need more info and a time line of events can you give me some more detail please? were you on IB themn migrated to esa for example, there are reasons for asking and I want to make sure I give you the correct information.
Comment by dwpexamination — April 17, 2012 @ 7:33 am
Ive just recieved the decision of my medical which i had done at home as im house bound,im a double amputee and unable to wear my prosthetic legs due to having operations on both knees which where not succesfull,i have tendernightuss in my right knee too.im in constant pain so have to take tramadol,gaberpentin,morphine tablets,oramorph and naproxin,all these tablets make me feel sleepy,nausea,hallucinate,i sleep on and off all day.i have to get around the house on my bottom,im unable to get upstairs,i have to use a commode downstairs,most things i have problems doing.i also suffer with severe back pain.The decision they have come to is that i am fit for work.How can they say im fit for work when im house bound and that i sleep on and off all day due to medication etc,ive done nothing but cry since recieving the letter,im so frustrated as there are people out there that have nothing wrong with them and are able to work but are told they are unfit.i spoke to the social about it and asked how they came to this decision but they wernt able to tell me.Ive told them i want to appeal and i want a copy of my medical report.Can anyone give my advice on appealing please.Sharon
Comment by sharon — April 20, 2012 @ 11:07 am
Hello Sharon.
Pick a username and Log in here http://www.dwpexamination.org you will get all the advice you need on how to deal with the DWP and ATOS healthcare.
Comment by dwpexamination — April 20, 2012 @ 12:50 pm
‘What’ the hell are they? no genuine Doc or nurse that ‘believes’ in their profession would be so thoughtless and cruel…would they?
Why do they not take our own doctors and surgeon’s word about us. Would save more money that way would it not…? How can they get people back into work, disabled or not, when they themselves are cutting jobs etc
I have an assessment next week and I am very nervous about it. I have lots of different things wrong and one thing I don’t want to even talk about never mind be examined. It took me a couple of weeks to do my ‘form’ as I had no idea how to word it and can only write/type for a short while, will the time in returning be held against me? I wonder if anyone has done a follow up on suicides of people having attended these assessments?? sad thing to say but….
I wish the honest people out there best of luck with assessments and/or appeals.
All take care x
SandiB
Comment by Sandra Brown — April 27, 2012 @ 1:15 am
Hello Sandra.
It’s all a con to get one million genuine sickness benefit recipients off ESA and in to the Job centre, if you want to know why ATOS are lying and cheating to help the Government do that then the best people to ask is the Government either Iain Duncan Smith or his sidekick Chris Grayling, you will get as we all have in the past a standard response ”We are helping people in to work rather than seeing them languishing on benefits” in other words WE DON’T GIVE A TOSS IF YOU ARE ILL we are going to make your lives a misery until you bend to our will and do as we say and get to F**K of benefits, take the hint will you, seems to be the Government/s message.
Comment by dwpexamination — April 27, 2012 @ 6:54 am
Sandi it even went against me because I filled in my own form!! I was seen as capable of fiiling in a form as well as being able to answer a phone and go on a computer but does that make me eligible for work? I don’t think so.
Comment by Anonymous — April 27, 2012 @ 9:35 am
I had my assessment at home on friday 13th. How long do i have to wait for my results.? This is making me so ill & getting so stressed out now. I am due my sick pay this monday are they gonna do what they did last time to me & just stop it before i got a letter of results. Hence no money to live on and was forced back onto the unemployment. The doctor or supposed one, could see i had 2 operations on my feet, one still had a K wire sticking out top of my toe. And with all the other medical problems i have i cannot work full stop!!!! Had emergency appointment with surgeon on tuesday as i had the wire took out now my toe has swelled up & very painful. Now i am back on the crutches & got to stay of my foot for 2 weeks & back to see surgeon in september as thats how long its gonna take to heal.So when i do receive my assessment & it says i am fit for work i am gonna be one very angry lady so will my GP.But after reading the nightmare stories on here i dont hold up much hope.But then i may be lucky so fingers crossed. If it goes t….s up i will find someway of getting to no 10 Downing street & shove my crutches where the sun don’t shine.For all you that have posted such awful horror stories i sincerely hope that you get justice & peace.
Comment by Jean 56 — April 27, 2012 @ 12:36 pm
Hello Jean.
It can take any amount of time before they release you from your misery, with me the last time it was ten days and I was told I was fit for work, the time before was three weeks, and the time before that it was seven weeks, so it all depends on whether the DWP decision maker got out of bed on the right hand side or the left hand side on the day he/she looks at your case file.
Let us know what happens, please log in to the forum http://www.dwpexamination.org as well, we all need to fight them together.
Comment by dwpexamination — April 27, 2012 @ 2:09 pm
Hi jean,im a double amputee and ive had 2 big operations on both my knees consisting of patial knee replacements and both my knee caps realighned.I had this done last year so im still getting over the ops,unfortunatly the ops did not go as well as hoped,im unable to wear my prosthetic legs due to my stumps swelling and still being in lots of pain in the knees.Im on lots of medication consisting of morphine tablets,morphine oral solution,tramadol,gaberpentin and naproxin,these cause me to have side affects of nausea,hallucinations,drowsiness,lack of concentration etc.I have to go around the house on my bottom im unable to get outside also i wont go out in public as i get embarresed and i feel that people are staring at me and laughing due to my disability,so im housebound,anyway i had my medical done at home and guess what they have found me fit for work.They have put me in the work related activity group.I am going to appeal against their decision.My money has stopped at the moment as ive been in the contribution side of esa for a year,My husband is disabled too and he has got to claim for me and we have been told that we will be £240 a month worse off.Im like you if i could get to downing street i would love to shove my fist in his mouth give him a piece of my mind and shove something where the sun dont shine.I do apologise about my spelling.
Comment by sharon — April 27, 2012 @ 4:47 pm
I will let you know the outcome of my results. I have been through this 3 times now & even took it to an appeal court once. That experience i will never forget. They were rude, arrogant & very abrupt with my social worker that came with me, they told her to get out and would call if they needed to. I thought i was allowed to have some with me, but they still told her to wait outside. When they did call her in they pumped so many questions at her saying that she could not know my problems to much as she only see’s me occasionly. Which was awful as she knew all my case history. Well better than they obviously did. Well i got so upset with them i got up and left half way through. I felt like i was treated like a criminal. My social worker said she didn’t blame me for leaving as it was like a kangeroo court & she felt awful that she could not help me more. I hope they have changed for the better now. But i would be so scared to have to go to one again. Left a nasty bad memory. I have heard that i do not need to attend an appeal, not sure about that though, perhaps someone could enlighten me please. But hey never know i may not have to get that far. I already have the CAB on my case before my medical.
Comment by Jean 56 — April 27, 2012 @ 5:32 pm
I hope they arnt expecting me to go to the appeal as im housebound and carnt get out.
Comment by sharon — April 27, 2012 @ 5:39 pm
Hi Sharon. I did read your post on what happened to you. I am flabberghasted at the outcome of your medical. You poor woman how can you be treated like that is beyond me.It is not enough that you have to go through so much pain & embarrassment of not being able to wear your prosthetic legs, but they also strip you off your pride & dignity. Are these people for real or what. How on earth are you going to work with the amount of drugs you have to take each day, let alone the pain. And taking into consideration that you cannot go out…Its about time someone stepped in and showed these hard callous people that this is the real world & that we are not all as fortunate as them. And that many DO have severe medical problems which stops them from having a normal day let alone go to work. Oh !!!! sorry did i just call them people, well in my view they do not deserve the title of being a human person.Let me know the outcome of your appeal, do hope it’s not to long to wait.
Comment by Jean 56 — April 27, 2012 @ 5:48 pm
Hello Sharon.
I don’t know what to say honestly, I thought I had heard it all, could you visit the forum http://www.dwpexamination.org and tell them about this because it just beggars belief.
Comment by dwpexamination — April 27, 2012 @ 5:57 pm
Hello Jean.
When you got up and left I assume your appeal was upheld ? they don’t expect us to get up and leave, they expect us to just accept the crap some of them come away with, getting up and leaving doesn’t show them in a good light because they have to explain why you felt so bad you were prepared to just give them a one fingered salute.
Some of them can be right arrogant cheeky bastards, I know this because I have experienced it myself, I will not be experiencing it again because I’m going to do something about it next time, they are in for one hell of a shock.
I don’t know enough about you Jean to form an opinion whether you are to appeal or not, but the CAB (Who do some excellent work) will be able to tell you on the spot.
Comment by dwpexamination — April 27, 2012 @ 6:15 pm
They didn’t uphold my appeal. I received a letter saying that my appeal was turned down. With it came a very long letter on why. It said that i left the appeal court & also said i got up & walked out of the room ok.I was fuming because i had to be helped out of the chair & i was crying & in a right state on how they treated me. But i was so naive then & didn’t know who to turn to for help. I have not received my assessment yet that i had on the 13th March, hope its not long to wait. I know its silly but i am getting so worked up after reading so many horror stories. What do these so called medics define as not fit for work, is it just a torso sitting in a chair !!!! Sorry about the term of phrase i used but i cannot think of anything else.
I hope you give them what for next time Kick as much ass as you can.
Comment by Jean 56 — April 27, 2012 @ 6:43 pm
Hi Sharon.
They can’t expect you to attend an appeal, not with your health problems so it will have to be a paper hearing, it’s not as if you have a choice is it ? your representative will arrange all that for you of course..!!
Comment by dwpexamination — April 27, 2012 @ 6:55 pm
I am really confused with all the changes that have been made with sickness etc. I was on Job seekers but only needed to work up to 16 hours which was decided by the last medical assessment i had. After a year i was told that C tech would be in charge of finding me a job as i had been on unemployment for a year.My GP then told me i was unfit to do any form of of work as i was getting worse so i was put on ESA and still C tech phoned me every month to see how i was getting on & that they were still to find me work even though i was unfit according to my GP. The woman i must say was nice, so generally only gave me a courtesy call. Now this is where i get confused with all the changes. I am not thick but naive. If my latest assessment says i am fit for work i gather i go back on ESA or obviously appeal. But if i am found unfit for work what happens then ? I have read posts saying what grade you go in. This is what i do not understand. I am 60 this year & should have been retiring, but now it is 2015. I am not up to date on all the changes as didnt think i would need to be. Could someone please explain to me before i lose the will to live.
Comment by Jean 56 — April 27, 2012 @ 7:23 pm
Hello Jean.
If you are found unfit for work you go on ESA either the Work related group or the support group, either way (Support group help is optional) they can offer you help and support to try and get you in to work, well so they claim.
On the other hand if you are found fit for work then you have two choices, you can appeal against their decision to find you fit for work, if you win then as above you go in to ESA either the Work related group or the Support group.
The other choice if you are found fit for work is to accept their decision and sign on for Job seekers allowance.
Comment by dwpexamination — April 27, 2012 @ 8:21 pm
Thanks so much for explaining that to me.
Comment by Jean 56 — April 27, 2012 @ 8:39 pm
Hello Jean.
I bet you wish you had that time back again, wouldn’t it be wonderful to just belt one of them ? ok that won’t help your appeal but by god think how great you would feel going to sleep that night..!!
Comment by dwpexamination — April 27, 2012 @ 9:11 pm
Yes most definately lol!!!
Comment by Jean 56 — April 27, 2012 @ 9:18 pm
hi my partner has epilepsy and has just had his assesment he has been told he will be moved onto esa for 12 months only and this has got him worried that after this time period he will be left without money at all,so much so his fits are getting worse because the more stressed he gets the more he seems to get .he has worked from a young age and only got this condition 8 years ago it kills him that he cant work but it is too dangerous for him to work,can someone please tell me what happens after the twelve months of the esa does he have to be reassed or is he just left without money at all. thnx jo.
Comment by Anonymous — May 1, 2012 @ 8:39 am
Hello Anonymous.
Your partner is obviously receiving what’s called contributory ESA the Work related group (Please correct me if I’m wrong ?) after the twelve months is up (It’s retrospective as well) he will lose all right to sickness benefits and will receive nothing, the DWP will advise him to sign on for work if he wants to get any kind of money to live on.
Obviously your partner cannot do that, he cannot sign on because he is not work fit, the DWP show no compassion, they don’t care if he starves because they have been instructed to show no pity, and show no compassion, and they have all been persuaded to do this because it is the law, and you must obey the law.
But there is a small light at the end of the tunnel which is to appeal to get in the support group of ESA, because this new law doesn’t apply to those in the support group, for those in the support group cannot be touched by that law, as long as they stay in the support group.
If you wish to know what to do next (Assuming he wants to appeal) then I can guide you through the stages, let me know what your partner decides ?. And I will help as best as I can.
Comment by dwpexamination — May 1, 2012 @ 10:27 am
Found it difficult to locate Version 3 of LiMA V3 technical manual med IBPW001e via Google, lots of version 2. Eventually foound a link on a convo saying they couldn’t find it either. Some lovely person left this link to it, so sharing
http://www.rightsnet.org.uk/pdfs/Lima_Nov_2005.pdf
Comment by Lizzie — May 4, 2012 @ 9:36 am
Thanks Lizzie.
Will stick it in the useful links section of the forum http://www.dwpexamination.org
Comment by dwpexamination — May 4, 2012 @ 10:01 am
you’re welcome…. just failed my ATOS last week… 6 points for physical things that I don’t find problematic, big fat zero for mental health issues [am recovering from a breakdown]… benefit stopped, help with appeal from charitable organisation 2 weeks away, (least there is one left to help, so many have gone round here) and massive health deterioration due to the stress since. Just back from GP, they are horrified and can’t understand why ATOS did what they did and I’m now on more medication to cope… so the fight goes on. Got to apply for crisis loans to live on and possibility of a food parcel from a charity at a drop in next Thursday. And I’ve paid 27 years worth of taxes for this? Emailing MP next week to protest about the system… good MP, so want them to know whats happening to people like me who don’t have measurable physical issues… inhumane!!
Comment by Lizzie — May 4, 2012 @ 11:58 am
Lizzie…I know it’s no consolation but at least you know you are not alone, thousands are going through this hell, some are being told they cannot get ESA again because their on contributory ESA and now it’s time limited to a year, that’s as inhumane as it gets..!!
Comment by dwpexamination — May 4, 2012 @ 12:32 pm
I have prepared my case for my appeal got letters fro medics GP etc and got the backing of welfare rights but still not got date I have been waiting three months. Today I have received a letter fro DWP saying my contribution bases ESA will be stopped next month due to claiming it for 365 days and I can apply for for income related ESA but my partner works full time and is having to pay most of the bills anyway , although he has investments over the limit but they are his not mine. What do I do now as there’s no point in stressing myself any more about the appeal as my money will be stopped anyway so what’s the point of going also can I go back on job seekers although there no way I will get or can do a job with my health problems that’s why I had to leave mym previous well paid job. What do I do now please?
Comment by Anonymous — May 5, 2012 @ 9:40 am
Hello Anonymous.
This Government have made it impossible for people like your self to get help, if you apply for ESA income related then they will refuse you because your partner is working full time (Providing he earns over £149 a week) and they will recognise any investments as yours because you are a couple. As for signing on they will almost certainly demand you are fit to work, and since you are appealing to get in the support group then it’s difficult to see how you can justify presenting yourself as work fit.
The only thing you can do is carry on with the appeal, you have nothing to lose, if you win then you get the support group and all the money they owe backdated, if you lose then you owe them nothing.
This is what the numpties of Britain voted for unfortunately..!!
Comment by dwpexamination — May 5, 2012 @ 11:56 am
Please may I ask for some input into my situation?
I left work years ago on the advice of my doctor (lived on savings) who said my bowel, back, headache problems were stress. I was eventually diagnosed with chronic daily headache; AS; adhesion surgery and irritable bowel. I also have depression and panic attacks.
I was refused a home visit and don’t have much support from my new doctor (my old of many years suddenly retired). The letter written by the doctor was incomplete and consisted of ‘Mo said this, Mo said that’.
I wrote explaining my problems again but have received no acknowledgement and could not attend due to bowel and panic (second floor and I get panic attacks in lifts) so say nothing of the appalling pain sitting in upright chairs.
Are they really allowed to ignore everything I said on my EA50 form?
The metal health assessor said I need an advocate but I have been completely unable to get through to CAB (people queue from 7:30 a.m. and they close the door when they have enough to cope with and I can’t get there to do that because of the health problems).
Are there any other advocacy services for me?
I am writing this to try to ease the pain in my chest from stress and any pointers really will be most gratefully received.
Comment by Mo — May 5, 2012 @ 3:26 pm
Hello Mo.
Your mental health assessor said you need an advocate ? I can tell you that your mental health assessor is living in cloud cuckoo land.
If you have to deal with ATOS and or the DWP then your local welfare rights office or CAB is the place/s to go, I appreciate that your local CAB is chocked to the gunwales, that’s because there’s literally thousands upon thousands of people in your situation. So getting help from the professionals is becoming more difficult as each day goes by.
Your first problem is dealing with ATOS, and without support from your GP or a consultant then your chances of a home visit are virtually nil, there is no way round this unfortunately, ATOS/DWP will just totally ignore you if you don’t have that GPs support, it’s hard enough getting a home visit even if you do have a GPs support, you only have two choices now, either you insist that ATOS pay you the visit and they will resist that means your benefits will be stopped, if you keep on at them long enough while they have stopped your benefits then maybe just maybe they will concede but between you and I, don’t bank on it.
Or you think the unthinkable and attend their assessment and then wait to see if you have passed or failed, and if failed then take the appropriate action with our help and the help of our forum http://www.dwpexamination.org you can appeal and win.
You next order of business is to sack your GP and go to another surgery, don’t fool around with someone like that, if it’s going to be hard work just getting some kind of support then it’s about time you got in touch with another surgery, and you can start again.
If I were you I would get in contact also with a legal advice centre, they are in every big city and available in the phone book, just ring them and ask if you could get legal aid to get help you to get a medical report either from your GP or your mental health assesor, if you meet the criteria to get legal aid (skint) then they will send a letter on your behalf requesting a written assessment on your health, you will get a copy and will be very useful to send to ATOS and also for any possible appeals you may have to deal with in the future.
Last but not least have you considered the organisation called MIND they have been very helpful helping people like yourself, I have heard of at least one person who couldn’t leave the house because of agoraphobia, and MIND paid a visit and gave help with their letters and appeals.
Let us know what you decide in the future and take care.
Comment by dwpexamination — May 5, 2012 @ 5:05 pm
Thank you for your reply. First I appreciate that you are not my personal advisor and so I will only bother you with a couple more questions before I try to put some of your advice into practice.
I think the mental health assessor said I needed an advocate as in someone to speak for me. PALS and CAB was suggested but i have not been able to get through to either. I will write to the CAB office local to me.
I could try another doctor in the surgery. The one I have been seeing (not about the long term health problems but the usual stuff people suffer from) said she knew nothing about benefits and that it was nothing to do with her. She had no idea that a doctor’s letter was needed to ask for a home visit. She did write me a letter but it was useless (Mo said this, Mo said that).
The problem with attending is that the Romford office is a long drive (very painful), has no parking near enough, and is on the second floor serviced by a lift. I have panic attacks in lifts and digestive problems keep me confined in doors for much of each day (and then I only travel short hops to where I know toilets are – i have become somewhat phobic about it).
Could I get a copy of the report (recent) being sent by the metal health assessor referring me to a psychiatrist and psychologist? Would that be the report you mean?
As I missed the appointment today due to digestion and panic what is the procedure? Will they send me another appointment? My mum will write (I read a paper trail is very important).
If they did and I attended then what would be the procedure with regard to getting upstairs? Can they force me to try to climb to the second floor even though I am unsafe?
Thank you again. I hope my questions can help other’s in distress over ATOS.
Comment by Mo — May 5, 2012 @ 5:57 pm
Hello Mo.
Writing to them would be better than visiting, I’ve e-mailed the CAB before and they didn’t even reply so that’s not looking very good so writing would be best, stick a stamp addressed envelope in as well that will make them more receptive, they never have enough funds, remember the majority of them are volunteers and just try to help, the last CAB advisor I spoke too asked me for my free DWP envelopes, I had three and he took them all.
If you decide to attend then you can ask them to assess you on the ground floor, as far as I know they usually acquiesce after all you have made a concession on attending so they should grant you quid pro quo and at least give something back.
Are you saying you missed the ATOS appointment ? what they usually do is send the DWP a direction that you did not attend the assessment, they don’t even care if you are lying in the hospital on a drip they are not interested in excuses, their instructions are to inform the DWP immediately and that means at the end of that day, you will receive a letter soon from the DWP saying you did not attend and so on.
You contact them immediately and explain what happened and (Its up to you) if you want to continue to demand a domiciliary visit or concede and ask if they can assess on the ground floor etc.
By the way, it’s better to get a lift to Romford because you will be asked how you arrived there in fact that’s usually their first question, so saying you had to get a lift there because of the severe discomfort is strongly in your favour.
Last but not least this DRs business and getting a medical report on your health, the problem is payment, they want to be paid for writing out the report, and that is why you need to contact some kind of legal centre which specialises in that kind of work, they will pay the GP his/her fee for giving you a medical examination and assessment and the legal centre will be paid by the legal aid board, no one is doing something for nothing these days except the CAB and us at http://www.dwpexamination.org. Everyone else and their dog wants wants wants because it’s I’m alright jack.
Comment by dwpexamination — May 5, 2012 @ 6:30 pm
Can you shed some light on my situation? My GP sent ATOS a faxed letter last week outlining the reasons why I’m unable to attend an examination centre for the WCA, and requesting a home visit instead. I received a letter from ATOS today saying that I’m “no longer required to be examined for my claim for ESA because there was enough medical evidence in my GP’s letter explaining my condition, and that my file has now been returned to the DWP”. The letter even apologises for any inconvenience caused! Does this mean I’m not now required to endure a home visit from an ATOS ‘doctor’? If this is the case, this would seem to be unprecedented given the content of the posts above! And how will it be decided whether to place me in the WRAG or the Support Group?
Will be grateful for some input on this? Thanks.
Confused
Comment by Anonymous — May 5, 2012 @ 8:11 pm
Hello Ann.
Yes it means you will not be examined and they have made a decision whether you get the support group or the WRAG and are tacitly telling you that the DWP will decide whether you are entitled to benefits or not and so whether they agree with ATOS it will in my opinion be yes, you will get ESA but because the DWP always agree with the opinion of the ATOS assessor then lets hope ATOS said the support group.
The GPs letter was convincing enough, and your right it is unprecedented and shows your GP has written an exemplary letter on your behalf.
What will happen now is the DWP will send you a letter and inform you that you are entitled to ESA and the group, just depends on what ATOS advised, what ATOS says goes, the DWP never disagree.
There’s one possible problem if you are on contributory ESA at the moment and the DWP put you in the WRAG then be aware that it is time limited to a year (And retrospective) if you are in the WRAG, but not time limited if you are in the support group, if this happens to you (The WRAG) then let us know.
Don’t forget, ATOS take the view that a person may/could get better, that’s any person and almost any condition, even cancer victims can get better in their opinion so this means they will be back, could be three months or six months or more but one day they will be back.
So get to know your rights now at http://www.dwpexamination.org because this Government are changing the goalposts constantly and it’s best if you know your rights for the future.
Take care.
Comment by dwpexamination — May 5, 2012 @ 8:50 pm
Thank you for this, I’m so relieved I don’t have to endure the ordeal of a home visit. Notwithstanding the stress and anxiety of such a ruthless and hostile exercise as the WCA, I simply don’t want those people in my home! So, even though they will be back as you say, at least I have time to concentrate on getting better and may be well enough to attend the examination centre when next contacted by these bullies. My GP has been so supportive – and while ATOS want all the authority but none of the accountability, it’s reassuring to know a GP can still ‘put their foot down’ and be listened to when necessary. Fortunately I’m on income-based ESA so the potential problem you point to above won’t be an issue.
Will be subscribing to your website. Thanks again for your advice.
Comment by Anonymous — May 6, 2012 @ 2:36 pm
If you do not include medical paper work with your ESA50 your likely to be failed. ATOS are now saying to include medical information to back up what your saying in your ESA50. I sent my first with no hospital or medical papers i failed . On the second one I sent every medical paper work even going back years i was passed.
ATOS say 3 months have you attended hospital etc. I think medical information from past and past the 3 months is important it shows you have a conditiion that has been more than 3/6 months. Anayway from my experience and my compliants send all the information in the first place then ATOS or DWP have no excuse to why they failed you if they knew about you and your health more so when you make complaints.
Just make sure you have recorded with them they recieved all the correspondence you sent to them.
Comment by Shandy — May 9, 2012 @ 9:25 am
Remember that DWP are based in ATOS offices under ‘Medical Services’ what ATOS get the DWP get thats what i have been told anyway
Comment by Shandy — May 9, 2012 @ 9:27 am
Good advice Shandy…cheers.
Comment by dwpexamination — May 9, 2012 @ 11:17 am
Hi , im a recovering alcoholic and drug addict been clean and sober for over ten years , go to AA/NA meetings , should i mention this? if i do they might not see the difference between a sober alcoholic and a drunk one.
Comment by stephen — May 9, 2012 @ 1:36 pm
Hi Stephen.
That won’t be the reason why you are going to be assessed surely ?, if that’s the reason that you used to be a drug addict and alcoholic and recovered and have no other health issues then you will be found fit for work, an appeal on those grounds alone will also fail.
If on the other hand you have other issues, then mentioning at the assessment that you have made a sterling effort to come off these substances, then I cannot see any advantage in not mentioning it.
Comment by dwpexamination — May 9, 2012 @ 4:34 pm
HI
I asked my Gp for medical report but he said it is very expensive & he didn’t like ripping patients of. (very good of him really) But he did say send the completed ESA50 into him and he would sign and stamp the back of the form ageeing to what medical problems i have.They still wanted me to have a medical which i had done on the 13th April and still waiting for my results. I cannot afford up to £80 for medical reports as that is what i would have been charged. So do hope as doctor did what he did it may be enough.
Comment by Jean 56 — May 9, 2012 @ 9:33 pm
Hello Jean.
You can get a medical assessment from your own DR, if you contact your nearest legal help centre (In the phone book) and just ask them, welfare rights or the CAB can tell you who to contact for legal help. The new law stopping legal aid for benefits hasn’t kicked in yet.
If you are granted legal help (Legal aid) then they will send a letter on your behalf to your GP requesting he assesses you and write a report on your health, the GP claims the fee from them via the legal aid board and the legal centre claims their fee from the legal aid board and so on.
Everything is about money, everyone wants it, and this quest for money is going to get worse and worse, we are descending as a country into the abyss.
Comment by dwpexamination — May 10, 2012 @ 3:36 am
Hi
I thought the country was already in an abyss. It certainly looks like it now. Why should we all have to put up such a fight to get what we deserve. Everything seems like a battle now. No wonder so many are suffering from depression.And while this goverment is still in power the battle will go on & on.
Thanks i didn’t know about this before i had my medical. But i will know for future reference.Its so very difficult when people are naive in these situations
Comment by Jean 56 — May 10, 2012 @ 9:47 am
Hi. Have read everything on this site and found it to be very useful. Had my first medical at Atos centre 2.5 years ago and scored 3 points in total. Appealed and got 22 points for physical alone. The stress was unbareable. I have chronic bronchitis, M.E. and depression. The nurse obviously had no clue how to deal with the M.E. element as was seen in the report. I also have a frozen shoulder that they have tried to fix and failed. Another site has said it is a good idea to record the interview – the writer was a DWP employee who is now a claimant herself – and ask for a home visit if you can’t guarantee getting to the medical centre. I cannot guarantee getting out of bed on any day. Each day has to be taken one at a time. I am not lazy, just exceedingly tired through poor sleeping patterns etc. I was retired from my company due to ill health and have a 26 page medical report written by an M.E. consultant which states I am unlikely to ever work again full time due to my condition. This was totally disregarded by Atos and theDWP last time. Does the fact I have 1appeal won on file from 2 yrs+ ago mean they will still try to fail me again this time? Can I still attach the medical info sent last time this time if nothing has changed? Can I record interview on my dictaphone if i tell them I am doing it? M.E. is covered by the Disability Discrimination Act so can I ask for a home visit on those grounds or will I still need a GP’s letter? Sorry about all these questions but I have just received a letter from DWP saying they are looking to change me from Incap Ben to ESA and I am already worried after all the sham answers on their report from last time. I can’t remember how many times they said I could load the washing machine! Every box referred back to that, even tho’ I had said my partner had to do it and unload it 99% of the time. Thank you for any help and advice. I did my own appeal last time and won. I dictated it all to my other half and he typed as I spoke. I was told I could not get help from CAB or any other agencies as I have a doctorate in English and can string a sentence together. They said they were only there for people who REALLY needed them! I said my degree didn’t cover coping with the idiots at Atos and the DWP, but that didn’t bother them so I was left to put my case together on my own. Want to be more organised this time as I cannot cope with the stress at all. Good luck to everyone in the same boat.
Comment by Jenny Reid — May 10, 2012 @ 9:21 pm
Hello Jenny.
First of all everyone is being transferred from IB to ESA there’s nothing anyone can do about that, when you were last assessed recording an ATOS assessment was forbidden, but Chris Grayling was cornered by someone who demanded their assessment be recorded and why can’t I get my assessment recorded even criminals have the right to be recorded etc, Grayling replied that people were asked and he found they didn’t want their assessment recorded (What a joker) but if you want your assessment recorded then so be it.
This means you have a legal right to have your assessment recorded, that’s a face to face or at a domiciliary visit by ATOS, either way ATOS supply the equipment and after the assessment they have to give you a copy, asking for a recording can take a while to be arranged (apparently they only have 11 machines for the whole Country) and this can delay the assessment in your favour for a couple of weeks.
The appeal you won means nothing to them Jenny, but a new GPs report would be a very good idea, if you can get it then showing the appeal panel two reports running consecutively will be very much in your favour, if you don’t have money then it may be possible to get legal help.
There’s no point in worrying about something outside your control, if you are assessed and found fit for work then you appeal and win again, and get all the money they owe you backdated.
Be aware that ATOS do not like home visits, in fact they are trying to convince the Government to support them in a ban, they obviously don’t like visiting peoples homes to assess claimants with mental issues who are already angry that these fools at ATOS are putting them through this nonsense again, not only that but there’s the little matter of the cost, every home visit eats into their profits and costs them time as well as having to drag recording equipment there and back, well that’s just too bad in my opinion, if you want a home visit then a letter or fax from your GP will do the trick, they will still moan, but they will concede eventually.
We have a sister forum http://www.dwpexamination.org a visit there doesn’t offend us, but offends ATOS because their lawyer didn’t like what we were saying, and tried to shut us down, it didn’t work, because we just went to a server in Iceland where the British Government has no control.
Take care Jenny, and if the worst comes to the worst just win that appeal.
Comment by dwpexamination — May 11, 2012 @ 7:04 am
Thanks for your reply. Just had a call from JSP. Explained letter and told me they would be sending out form for me to fill in within next 2 weeks. Then I have 4 weeks to get the forms back to them. I told them I would want home visit this time due to my illness and he said as long as doc sent letter that would be fine………we’ll see! I also said that based on the load of tosh the ATOS rep put on my last report I wanted it recorded and wanted a rep who understood M.E. He said to fill in the form and they would see if it needed to go further. For it not to go further a big pink pig should have just flown over my house and all I can see are grey clouds – literally. Thanks again. X
Comment by Jenny — May 11, 2012 @ 10:05 am
Can I actually use my own dictaphone to record the interview as long as I tell them I am doing it? Don’t mind them using their equipment as long as I can use mine. Other sites say you can use your own but bit confused now. Would not do it in secret – don’t see the point as it’s illegal to record without informing other parties.
Comment by Jenny — May 11, 2012 @ 10:09 am
Hello Jenny.
I think you will find if you tell them you are recording the assessment they will stop right then and there, inform you that you have no right to record and maybe even panic and leave, if that happened you can bet your bottom dollar that within a matter of days a letter would arrive from the DWP saying that your benefits have stopped for non compliance.
By the way it’s been reported that the HCP speaks quietly while the recording and assessment is in process, tell the HCP to speak up I CAN’T HEAR YOU.
Comment by dwpexamination — May 11, 2012 @ 12:16 pm
Great!!! Nothing like having the visit weighted against you before you start!!! But who am I to teach everyone to suck eggs!? Downloaded the 3 docs listed at top of page. When I am up to it I will read them thoroughly. Concentration crap these days. Can’t believe I used to manage a staff of 52 – can’t organise me these days. The V3 doc took a bit of finding but it is there if you look. Don’t give up looking for it. By the way – ‘non compliance’ – where are the compliance rules listed? I was governed by compliance in previous jobs but did not expect my clients to know them. Have the DWP sent us all info re not recording them? Or are we all using the forever cloudy crystal ball, as ATOS are using, these days?
Comment by Jenny — May 11, 2012 @ 2:25 pm
Hello Jenny.
Non compliance is basically what they say and whenever it suits them, and we get to know about the non compliance rules because that’s what they write to the unfortunates who fall foul of this rule, and there’s been thousands, for instance if a claimant on the work related form of ESA is directed by the DWP to attend a Work focused interview and can’t or won’t turn up then to save them hassle they just send a brown one informing you that your benefits have ceased from such and such a date, the reason NON COMPLIANCE.
It’s up to the claimant to explain why he/she didn’t turn up, if they accept your explanation (On a drip in hospital) then they re-instate (With a struggle) your benefits, if they don’t agree (Missed the bus) then you have to appeal.
Comment by dwpexamination — May 11, 2012 @ 4:06 pm
Jesus!!! What a mess!!! Shame we can’t all get together and take ATOS to the European Court of Appeal for fraud! Not filling in forms correctly, non impartiality etc etc etc!!! I’ll stop typing now and let you help others. Great site. Will keep it updated. Not holding my breath and already getting appeal sorted. Thank you for your help so far. X
Comment by Jenny — May 11, 2012 @ 5:31 pm
Cheers Jenny…Don’t forget to visit our wonderful forum http://www.dwpexamination.org
Comment by dwpexamination — May 11, 2012 @ 6:52 pm
Cheers to you too. Have a good weekend everyone. Thinking of you all. Take care. XX
Comment by Jenny — May 11, 2012 @ 7:26 pm
Hi all just found this wonderful site,I was at a tribunal in Feb2012 i was asked to adjorn for a home medical for dla so agreed then in Mar had home vist Thank God my sister was there to take notes got the report just last week May and what lies are in it she put nothing down that she was told well we have reported her to GMC ATOS DLA and now we discover she has just a medical quallafaction from QUB but it is a standard study coarse and she has no special health studys what a shamples sorry about my spelling head foggy today
Comment by williej — May 13, 2012 @ 11:13 am
Hello Willie.
The tribunal adjourned to direct a corrupt healthcare company to assess you for DLA ? and your life stands or falls on what they say ?
It just shows how out of touch these tribunals are, let’s hope the tribunal judge sees sense and can think for him/herself, it might not be the same tribunal by the way, it depends on what part of the Country you live in.
Do you have someone there like welfare rights or the CAB to represent you ?.
In future, now that you have learned your lesson, make sure you demand that your next assessment is recorded, that way there will be a copy of the assessment in oral form, they have to abide by your request and they have to give you a copy of the recording.
Log in to the forum http://www.dwpexamination.org and learn your rights for the future.
Comment by dwpexamination — May 13, 2012 @ 11:55 am
Hi i received my medical results today. They have put me in the work related activity group. I have requested my medical results. I also phoned them to ask what happens now and how could i possibly work while still recovering from surgery on both feet & still not able to walk without crutches along side other long term medical problems. The lady explained to me that i will not be forced into work but that they look towards finding me work in the future.I do not have to send anymore medical certificates in. She also said that i do not have a review for 2 yrs, which will not be far off my retirement.Could you tell me if i should take it to the tribunal or because the next review is not for 2yrs should i leave well alone ?
Comment by Jean 56 — May 16, 2012 @ 12:09 pm
Hello Jean.
Just because they say you will not be reviewed for two years doesn’t mean that’s what will happen, you can get another ESA 50 and an assessment anytime.
So it’s up to you if you feel so bad that you should be in the support group and appeal, you can get advice and help to do this from your local welfare rights or CAB, you have nothing to lose by just asking.
Personally speaking if you can get the WRAG and stay in it then going for the support group isn’t worth the hassle, it would only be worth it on two conditions, first condition you are seriously seriously ill, or you are on contributory ESA, if you meet any of those two conditions then appealing in my opinion is a definite. Remember contributory ESA of the work related variety is time limited to one year and is also retrospective, but if you are on the support group of ESA it is not time limited.
Comment by dwpexamination — May 16, 2012 @ 1:32 pm
Hi
Thanks for your reply. I have the CAB on my case already they was waiting for my results first. They are making an appointment to see me so i can go through it all with them, and then decide what is the best action to take with their back up this time. I will let you know what happens. Thanks again.
Comment by Jean 56 — May 16, 2012 @ 1:55 pm
Hi, I have my first assessment in a few weeks and i am really worried about it after reading all of the comments above. I never go anywhere without someone so my brother is coming with me. Should he come in to the room with me or wait outside? Also, he is worried about being asked lots of questions by the Doctor…will he be asked anything, and if yes what kind of questions?
Thanks for your help.
Steven
Comment by steven — May 28, 2012 @ 9:47 pm
Hello Steven.
He can go into the room with you, they will not ask him any questions because the assessment is about you and your functional ability to work.
Comment by dwpexamination — May 29, 2012 @ 4:37 am
Hi
Am a 57 yr old male retired on a partial pension by Tesco ( £45 a week after they asked my dr for a report which stated ” mr p has a progressive degenerative disease however i feel he might return to work in six months time ” after 18 yrs in 2004 my last year i was putting in a 80 to 90 hour week paid for 36 1/2 as a stock controller in order to make the days easier
I was refused a new hip because ” i was too young” ( i wouldn’t have one now after reading up on it and principles}
i have a deformed hip
2 of my lower spinal vertebra fused inoperable
arthritic knees and cartilage problems
apart from having a cartilage operation on one knee (was supposed to be both but after the operation asked why they hadn’t done both was told it was my hip causing my knees to lock up so they hadn’t bothered )
i haven’t seen a doctor since mid 2003 i stopped taking any medication then and manage
by not doing anything unless forced that affects my well being i tell myself pain is my friend it lets me know ime alive
i do not go out of the house as walking gets progressively harder and anything i do today i pay for tomorrow
however this leaves me very little evidence if ever i need to go to a tribunal when Atos fail me as they undoubtedly will which is a terrifying thought
Comment by les — June 2, 2012 @ 12:06 pm
Hello Les.
Are you saying your own GP gave you a medical report which said you could return to work within six months time ?.
If that’s the case, and you feel he/she is wrong then you ought to get to another surgery/practice and get yourself another GP and a full examination and another medical report, your present GP sounds as if they are in bed with Cameron and co..!!
It’s highly possible that ATOS will fail you, but as you say, if it comes to a tribunal you can forget it with a report like that..!!
Comment by dwpexamination — June 2, 2012 @ 5:32 pm