Failed ATOS medical, next steps, please help

[Bruno58]

website is confusing me.
there doesnt seem to be an office locator.

Which area are you in? not being nosey but I'll try and find your local office, I assume its Dumfries.

J.

[anybody]

I fought my benefit for months and basically it was a waste of time and energy. I have letters from my GP, filled in the forms, had a home visit, went to tribunal and won but still no money.

But now I have a new form to start the process again as you are reviewed yearly - almost laughable!!!!!

Good luck x

thanks.

no money? whilst you wait for decision, didnt they give you an assessment rate? even on appeal stage, they pay you, is my understanding.

[ditzygirl]

No, absolutely sod all, I am totally dependant on my partner. But with no money I can't go out, buy little thinks to boost my confidence, I don't even have any clothes for an Interview even if I could attend one.

It is a total nightmare and has really set me back. I spend a serious amount of time in tears from frustration. I have asked for a return to work programme but there is absolutley nothing available to me.

I worked and paid my taxes for 25 years before getting sick but apparently I haven't paid enough contributions. I wont even get onmy soap box here coz I will offend someone.

I am considering seeing my local MP because this system is a disgrace and must be costing a fortune coz no one know what they are doing or why.

We struggle financially believe me, there are no treats here.

Sorry to sound so sour about it, I truely wish you all the best with getting your money.

Dx

[Bruno58]

I fought my benefit for months and basically it was a waste of time and energy. I have letters from my GP, filled in the forms, had a home visit, went to tribunal and won but still no money.

I have written to David Cameron and told him that the system doesn't work. And in fact the stress they have caused me has a tendancy to make me sick again.

I really hope you get somewhere and please don't think I am being nasty here but I really wouldn 't get your hopes up.

They have driven me absolutely nuts with their incompetance and rudeness and lack of understanding.

But now I have a new form to start the process again as you are reviewed yearly - almost laughable!!!!!

Good luck x

Hi, yes I understand what you are saying, you can do everything possible and still find you've lost, I have also written to Cameron and repeated myself a number of times but he just doesn't listen, (I suspect he is locked in the 'Rubber Room' at No'10 most of the time and we only see a double out and about spouting nonsense) none of these people do, we still need to keep on trying though, I've looked at all sorts of videos on Youtube, read articles in the news...heard about Proffessor this and Proffessor that...latest was Prof. Harrington..he is "staggered and shocked" at his findings re: ATOS, will anything change because of his report? I very much doubt it.

I'm constructing another letter to our 'Dave'..this time it will contain references to his speech at the conference yesterday, I will try to bait him this time, I'm going to DEMAND a face to face meeting when I will ask him why he can allow a system which cuts off my only means of support which I use to care for my teminally ill wife...

J.

[Bruno58]

I fought my benefit for months and basically it was a waste of time and energy. I have letters from my GP, filled in the forms, had a home visit, went to tribunal and won but still no money.

Good luck x

Find a solicitor and take all your documents and explain your situation.

I have in the past used solicitors to recover money owed to me by the state.

J.

[anybody]

thanks.

went to CAB last week. Didnt get the best person to advise me (seen him in past).
He said the jobcentre CAN ask me to do the questionnaire and medical again, and dont have to explain to me.
he said if the new medical fails, and i appeal, there will be TWO appeals ongoing.
I asked him who are welfare rights: he said "Free Representation Unit"....i told him i phoned Community Legal Service who
put me through to a solicitor, who has been calling me all the time, to help me (more about this in a second).
CAB guy told me to forget taking the ATOS complaint any higher .
Also said he thinks i wont have to go for a medical again, and that after they recieve my
questionnaire ill be taken off assessment rate and put into proper esa position.
Also said DLA is only for people with Physical problems, NOT mental health troubles.

So phoned Community Legal Service last week, they said i qualify for legal aid, and put me in touch with a solicitor.
Solicitor kept calling me, strange i thought, as im not even paying for it, im thinking who is paying him?
Also when i told CAB about this solicitor and Community legal service, he laughed, saying DONT deal with him, as they
will charge you money, and told me to cut him off and dont continue to speak to them or meet them. Now im worried.

So the solicitor calls me twice again today.
I ask him, will this cost me anything? he says it shouldnt, as im on ESA, and he asked me some questions.
So he says he can advise me on my ESA appeal. I then explain all the situation.
He agrees with the CAB guy, and says yes, just fill in the new questionnaire and go to the 2nd medical.
He goes through the scoring for the face to face medical with me, scoring me points, kinda like a mock medical,
and says at end i should score 15 definately, according to the scoring sheets.
He says apply for DLA, the lower rate for care, after he asked me some more questions.
He says he will send me some documents which would make me eligable for legal aid or something like that, that i
think i need to sign and send to him.

It was a very helpful phonecall and he gave me good advice i thought.......
but im not sure about what hes gonna send me and how further i should use this solicitor.
The solicitor just said he can help with appeal, and if the new medical fails me, he can help with that, send letters on
my behalf to DWP and deal with my doctor/therapist, collect info for me, etc.....

So that is my current position.
I just need to do the questionnaire again and send it in before the deadline.

any thoughts/advice, would be very helpful.
thankyou

[eight days a week]

I say really well done you for getting so far with everything

I'm not sure about the CAB guy as I was told by my benefits adviser (through my mental health service) that if you're bad enough you CAN get DLA - but that was a year and a half ago, not sure if things have changed (not sure why they would, but you never know).

The solicitor sounds very helpful so far, I think I'd just make absolutely sure with him that it's going to be a free service for you ('shouldn't' doesn't sound clear enough to me).

Please keep us up-to-date, and again really well done

[Bruno58]

Hi anybody

Here's a link to DLA

http://www.direct.gov.uk/en/MoneyTax...le/DG_10018702

You will need to fill a form in, its always worth trying.

CAB guy is probably correct saying don't bother complaining to ATOS.

I have had 3 solicitors working for me in the past 20 years, the first recovered some money I was owed by the Benefits agency, there was no charge for this service, However, at one meeting the solicitor asked why I was claiming in the first place..so I told him, he continued to work for me under Legal Aid and I did not have to pay him any money after he stopped, except for the sum of £70 to file an affidavit ( a sworn statement).

I would give you this advice...do not under any circumstances sign ANY document..especially a blank sheet of paper...at the request of the solicitor unless what you are signing is clear to you, if it is not clear but you would like to sign then ask someone like the CAB first, the solicitor would have to agree for you to take a copy, I am slightly concerened that this soilicitor keeps calling, I do know that he would still make money regardless of the outcome for you, a Legal Aid form would need to be completed first.

Please ask if you are unsure about any of the above and I will try to assist you further.

EDit, sorry I got slightly mixed up, its a little confusing, not sure I've missed something, I'll read again from the start.

J.

---------- Post added at 21:57 ---------- Previous post was at 20:53 ----------

Have I this correct...

Failed to pass the medical in May 2011 so you appeal, this is not yet resolved.

You are required to fill the same form in again and possibly attend another medical, no reason given for this and you can't ask why.

You could have two appeals going at the same time...NO!

CAB man is not best person to deal with...(I suspect some of his advice is incorrect)

.................................................. .....................

Hold off any contact with the solicitor for now.

Apply online at the link above for DLA form.

Write to the Jobcentre for a progress report on your original appeal.

J.

[Dizzy_Dave]

ATOS is a private company paid by the ConDem designed to get ill people off illness related benefits and on to a lower benefit which they can stop completely after a set period. They use non medically trained people to assess us (not even GP level) they are just low grade nurses, physiotherapists etc. These people are bias but seem to be given power that can over rule our GP or consultants. Welcome to the world of the Tory government. I think they want us to kill ourselves then they won't have to pay us any money.

[anybody]

thanks bruno

yes, appeal not resolved, decision not revised, now back to square one, filling in questionnaire and looking at going for another medical, no reason given, i asked for
a statement of reasons why this is happening, have recieved nothing.

yes, i havnt signed anything from solicitor yet, or recieved anything from them.
im not even sure i want a solicitor, im fine with appealing myself and just dealing
with it.

ill check out DLA once ive done this ESA questionnaire. Sigh. Feel so depressed now
as im starting it.