Failed ATOS medical, next steps, please help

[Nicky32]

You need to find the information on the internet to how the points are awarded then see how it effects your life. Then tell them what they need to hear.

You would be surprised how easy it is not to tell them what they need to know. I failed mine recently because I believe they wanted me off benefits. Its the only reason. I've passed the same test time and time again with the same answers and nothing has changed in the medical. Even the Dr said to me they dont care about mental problems at ATOS or is it the government. If you can pick up a pen or paint brush you're fit enough to work.

[eight days a week]

i was told that the appeal process is NOT the same as the tribunal process.

did you go through your detailed medical report and say what you disagreed with on your gl24 form? or did you do this at the later stage?

...

i hear the appeal is just an internal DWP process, if they still fail you, you can then go to the tribunal phase.

(I've edited your post and cut out the bits I'm not commenting on, hope that's OK )

I went through appeal autumn 2009 and the tribunal summer 2010, so I'm not sure if things have changed.

At the time, yes, the appeal was a very quick 'internal' phase, and then the tribunal (which is independent) took over six months to come through.

At the appeal stage I went through my medical report and wrote a very lengthy letter as to why I disagreed. My appeal was unsuccessful, and only then did they tell me that you need extra medical evidence (e.g. a supporting statement from your GP or psychiatrist etc) to change a decision at the appeal stage.

So, the first thing I'd do is find out if that's still the case. At my mental health centre there's a benefits officer who arranges evidence (in my case he prepared a supporting statement for the tribunal) so find out if you have one too, or you could always ask your GP or psychiatrist direct.

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.

The bit I've put in bold is absolutely incorrect. And, with respect, an overhaul has been overdue, to stop the cheaters claiming the benefit and to make sure that people who do deserve it are given it! The government seems to be tackling the first part, but at the same time depriving more and more genuine claimants. Unfortunately these are most often those with mental health issues:

- It's harder for them to prove their difficulties (nowhere near as obvious as physical disabilities often).

- ATOS doctors don't have a good history of understanding mental health issues (to put it politely)

- These people are less likely to be able/confident enough/etc to appeal.

as soon as you appeal your money starts again dont give up lots of people win on appeal

YES!

You need to find the information on the internet to how the points are awarded then see how it effects your life. Then tell them what they need to hear.

You would be surprised how easy it is not to tell them what they need to know. I failed mine recently because I believe they wanted me off benefits. Its the only reason. I've passed the same test time and time again with the same answers and nothing has changed in the medical. Even the Dr said to me they dont care about mental problems at ATOS or is it the government. If you can pick up a pen or paint brush you're fit enough to work.

Some good points here, although my benefits officer has told me that the criteria have changed, at least since my tribunal (last summer).

[debs71]

The bit I've put in bold is absolutely incorrect. And, with respect, an overhaul has been overdue, to stop the cheaters claiming the benefit and to make sure that people who do deserve it are given it! The government seems to be tackling the first part, but at the same time depriving more and more genuine claimants.

Umm, well, whilst I didn't emphasise that the idea was to identify genuine claimants, that was the point I was attempting to make.

Sorry, what did you mean by 'incorrect'? That I was TOLD that or incorrect that you CAN claim?

I was indeed told that many months ago on the forum, however I have now sussed from the numerous posts here you can evidently claim.

I am not on any sides here. I believe - like the vast majority of tax payers in this country - that benefits should go to those genuinely in need, but I don't think it is wrong to say that I still agree with the government (whoever they may be, Tory or Labour (who started it all off incidentally) )overhauling the system.

One third of my pay as a Nurse was tax for 12 years, so I do not have any qualms with stating my resentment at it not going to the right people for years and years, and something now being done to at least attempt to tackle that.

[anybody]

hi

i put my appeal in a while ago and received confirmation that the appeal process/procedure was underway and to wait.

But now i just received another medical questionnaire from ATOS (exactly the same as the one that i originally filled in).

So this is either a mistake, or they have decided to start all over again from the beginning?

any advice?

thanks.

[eight days a week]

Sorry, what did you mean by 'incorrect'? That I was TOLD that or incorrect that you CAN claim?

Sorry, I missed this post at the time. I meant that it's absolutely incorrect that you can't claim for mental health issues like anxiety and depression.

hi

i put my appeal in a while ago and received confirmation that the appeal process/procedure was underway and to wait.

But now i just received another medical questionnaire from ATOS (exactly the same as the one that i originally filled in).

So this is either a mistake, or they have decided to start all over again from the beginning?

any advice?

thanks.

I had a big mistake with ATOS communicating with the main Jobcentre Plus centre early this summer (I have never dealt with the local one - I've always gone straight to the people who have been writing to me - the main one).

I can't understand why they would be 'starting again from the beginning'.

Do you mean the 50+ page report??? If so that's unbelievable!!

Give the main centre a call, and if you're not happy with the advice given phone back a second time and speak to someone else to double check. I may just have been unlucky, but doing this saved me all the paperwork again (basically the first time I was told I would have to fill it in again and also start from the beginning, the second time I was told I didn't and just needed to write a simple letter. BUT my situation was different from yours and I don't understand why they're asking you to do this).

If you're not happy then definitely phone again and ask to speak to the appeals section (as your claim is under appeal). The people in this department, at least in my main Jobcentre, actually know what they're talking about, unlike many of the idiots on the general ESA phoneline.

[anybody]

thanks.
well, ATOS did send me a letter admitting that the examiner did NOT read my questionnaire properly (before i made the appeal), as i complained about atos to atos and to jobcentre.

jobcentre told me the appeal is next step, so i did that.... as when i scored 0 points, the appeal paperwork was given to me, and i followed the steps.

yeah the long winded quesitonnaire about your illness, took me weeks to fill it in.

if they are starting from the beginning again, id just like to re-submit the same questionnaire, with maybe an update.

you mean i should call atos? yeah diff staff at jobcentre give diff answers, so frustrating.

thanks.

[eight days a week]

That seems like a very useful letter to support your appeal, and to show the tribunal if it gets that far!!

The questionairres I've received have always come for the main Jobcentre Plus not from ATOS. So if I were in your position I'd call the main Jobcentre Plus and ask to speak to the appeals section or a supervisor, explaining that you have been given different advice by different Jobcentre staff in the main office, and that you need the correct answer.

I'm absolutely no expert, and it's just my personal opinion, so you'll need to find out for yourself, but I can't see any reason why you would need to fill in the form again from the beginning.

[ronski]

Hi Nicola
Yes it is very galling but I have learnt that people have so many differing views regarding illness. I have ME/CFS which causes me anxiety and now gives me very low moods typical of atypical depression. I am completely housebound and I have not been out of the boundary of the house and garden for months, I know of others with ME/CFS who claim their housebound but as you say they then post saying they have gone to craft shows or concerts with the assistants of partners and friends and mobility aids. I can see in some respects what they are saying but they are not entirely housebound. I cannot get out at the moment with anybodies help or mobility aid, now I call that housebound.

[anybody]

thanks
called jobcentre, they said the notes they have say i have been referred for another medical, so will have to fill
in a brand new medical questionnaire.

so the appeal has been scrapped?

and they didnt even tell me?

ive asked why cant they just read the original questionnaire ?
or can i re-submitt it? they will call me back.

should be ok if i just re-submit it again? or just copy the original word for word?

took me weeks to fill out, cant be doing that again, so hard.

[eight days a week]

How confusing :(

I think you need to speak to the appeals section directly.