Failed ATOS medical, next steps, please help

[anybody]

CAB quickly attached a caseworker to me, made me sign some forms, very quick, no chance to read,
i had written my own ESA appeal, just went in to ask some general questions, they made it all rather legal and cold and robotic and formal,

I dont understand fully whats going on.

What does it mean to have a Caseworker attached to me?
What do they do? and they are employed by? they are volunteers or paid employees of cab?

CAB have sent me a letter with some misinformation on the meeting we had and
what was said.

The letter says i asked for help and assistance with appeal a few times, which i didnt really.

Does it matter if this letter is incorrect in some parts?
My condition(s) is not entirely accurately worded on letter.

I went to CAB many months ago with appeal questions, and they just answered questions and left me to get on with appeal. BUT this time, why is this all different?

ALSO he went through some descriptors in meeting very quickly and made notes,
WHY was this? On the letter to me, the descriptors he made notes on and my comments are mentioned with points scored over 15. BUT not ALL the descriptors or areas of physical and mental health were spoken of in meeting, as it was a bit rushed and fast paced.

Do you think this descriptor and points scoring by CAB will be sent off to jobcentre as part of appeal?
If so, id like it corrected and more thorough.

I dont wanna argue and be difficult with cab as they might be offended and not help as much.
i mean, cab are on my side are they not?

Letter also says if case is not strong enough cab will withdraw.
WHAT?! i didnt even ask them to be my caseworker etc.

What if my appeal was not written by me? CAB would have written it all up for me?

Now they say they will help me with DLA form. Which im pleased with, but just dont want that rushed.

So now my appeal is a "CASE"? so potential for costs incurred and charged to me?

It almost felt like a salesman, sign this, sign that, well do this, ok, goodbye.

thankyou

[anybody]

my appeal is going to tribunal, ive had two medicals, and both times atos have admitted that theyve messed up and the medical report not accurate, how can decision maker agree with 0 scoring if the report itself is not done properly and atos have admitted it? also the appeal papers and facts have errors and omitted info.

so atos admit fault, then thats the end of the matter?

i should be having a proper medical and reconsideration/decision, before it goes to tribunal. I really dont want to go to appeal tribunal.

Can i say ill go to hearing in person, and say, if i am unable to attend or change my mind, will they just go ahead with paper hearing? or will they disqualify me and not go through with appeal? Say if im better by then, and am working, or on JSA, etc, would i simply still go and state my case for dates x and x during which i was on esa and entitled to it?

eg if i decide i can work or try to atleast in near future, and go on jsa, or get a p/t job, would the appeal still be ongoing? eg 'i was entitled to ESA during that period'. ?

thanks.

[franciz1]

Don't be down keep your chin up and keep fighting your case, yes please do as other people have told you appeal. That's what they don't want, they want you to give up but don't. Iv'e taken my case to the court of appeal three times and won every time. Atos lie and try to write things that you have not said that's what the government pay them for to get you off benefits they don't care about you as a person who is ill. If you or anyone you know are going to an atos medical in the future get as much medical evidence as you can to give them, give them a copy of all paper work you have from your doctor/consultants don't give them the originals just copy's also go with another person and write down everything that was said or ask for it to be recorded they will say they can't have it recorded but you can, I went to my mp he complained about it a week after I was called in for a medical at atos with recording, also what some people don't know you can have your face to face at the dwp recorded as well this is your right of law. If you need any help in the future please get in touch if I can help in anyway I will good luck on your appeal god bless you and may god be with you always.

[Eveleivibe]

Got to the CAB n have them help you with paperwork x

[Skye2]

I have my appeal hearing today and i'm absolutely petrified :( Meeting a welfare rights guy there but still scared it will fail :(

[Rls1994]

This is so typical of ATOS... They don't give a damn if you have any illness, if you can move your hands and feet then you are 'fit' to work.

My father has asthma, bad back, arthritis, bronchitis, scarring of the lungs and gets out of breath if he bends down or walks 30 ft or so. ATOS said he was fit for working and I was fuming when he told me. His doctor has told him that there's no way he can work in the condition he's in, but nooo, ATOS are obviously better 'doctors' and say he can work just fine.

I support NOT voting for conservative. They say they'll do this and that to help but when they're in they do the exact opposite. You'd think dumb people would get the hint now that they're parasites and stop voting for them......

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.

Couldn't agree MORE with this post.

Don't give up, by the way. That's what they WANT you to do. They'll do absolutely anything to try and get ILL people off their benefits. Sure, there are people that are capable of working but choose not to that receive benefits and they give people who are genuinely ill and can't work a bad name.

[Corona89]

I recently failed mines for my long term back and leg problems. Also suffer from depression but that's not been the reason i've been off work. I answered everything truthfully and the way they justify some things is ridiculous. My mandatory reconsideration was rejected as well but no surprise as they just go with what they read on the report.

I sent a complaint to ATOS and the DWP about the assessment. Blatant lies were in the report, stating that my spinal curves were normal and "a physio thinks he has a herniated disc". She didn't even look at my spine, and also an Ortho confirmed i had a herniated disc. Not to mention she mispelled medical words which proved she didn't even know what they were.

I really feel for the people with mental health problems, because i got the train to my assessment by myself she concluded i wasn't depressed!

[cliff1983]

i suffer bad back n anxiety got my atos form last august just b4 my holls nice! this made sure i had a stressful break however i did not get a medical till feb this year went had it done was told i wd hear within 2wks 2 months later i got letter saying i passed with 18 points saying i was unfit for work,amazing aint it only took allmost a year of worrying n extra stress! even the dwp said its crazy, i never lost any money went straight over to esa support.....QUOTE=debs71;838148]I have to say, I am very confused about the whole entitlement issue with mental health problems.

I asked about entitlements on another thread here ages ago, and was told by several members that you cannot claim for things like depression and anxiety, so I am wondering what the story is when so many people here are being assessed again?????

Whilst I understand it is difficult for people who are genuinely unable to work and require this benefit, I do think the overhaul is long overdue and much needed, the Tories motives suspicious or not. Too many so called 'unwell' people have been riding the gravy train for far too long and need a wake up call.

I know I will not be popular for saying that as it means there will be genuine claimants who suffer through this, but the system as it stood was simply not sustainable.[/QUOTE]

[BikerMatt]

I've been signed off with anxiety since August 2014. Got the atos medical form and sent it in October it's now April 2015 and I haven't heard anything. Very odd!

[Moley]

I Had help with my form for ESA when I was there the lady told me they have such a back log of assesments. she has names of people who applied January 2014 that still haven't been called for assesments.