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Benefits - ESA/DLA/PIP/JSA/ATOS etc Post here about Benefits / ATOS etc.
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  #1  
Old 23-05-11, 16:01
anybody anybody is offline
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Failed ATOS medical, next steps, please help

hi
Ive just found out ive failed the atos medical (UK) for ESA.
Ive called up my job centre to ask for the medical report.
I cant believe i scored 0 points on both questionnaire and medical. This is not right, i filled in the questionnaire very thouroughly referencing the descriptors and i was confidant i would score over 10 points at least.
The medical interviewer told me he didnt even read the questionnaire i had filled in, saying i wrote too much and basically he couldnt be bothered.

just wondered my next steps.
the letter says 'you will get a further letter explaining how they made decision'. So i should wait until i receive this?

So i presume my ESA has stopped now.
when will it be re-instated? when i make an appeal?
the letter says i can ask for explanation, reasons, ask them
to look at it again, and finally appeal. Shall i do all of these in order, one at a time, or all together immediately?

thanks
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  #2  
Old 23-05-11, 22:50
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mandie mandie is offline
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Re: Failed ATOS medical, next steps, please help

Hi

I failed my ESA with 0 points as well. I think most people with mental health illness do. I wrote and told them i wanted to appeal.

Your ESA wont stop. You will be paid at the assessment rate while your appeal is going through.

You will get your report in the post soon with a letter telling you how to appeal if you want to.

I did appeal, took me a year to be given a date for a hearing but i won my appeal and was told i would be left alone for a year to try and get myself back on track. It didnt happen as after 6 months i was asked to go for another medical and failed it again :-(

Good luck

Mandie x
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  #3  
Old 25-05-11, 19:28
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Re: Failed ATOS medical, next steps, please help

thanks.
shall i wait for report to come before asking for appeal?
is this the same report the jobcentre are sending me? i called jobcentre for it.
but my letter says "you will get further letter explaining how they made decision".

how did your appeal work? did you have to go somewhere and a group of people challenged you in person? or is it all in writing?

thanks.
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  #4  
Old 25-05-11, 22:13
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mandie mandie is offline
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Re: Failed ATOS medical, next steps, please help

wait for the report. you will get it with a letter telling you that you failed and how to appeal.

the report with come from esa dept.

I had to go to the tribunal place where i went before a judge and a dr. The asked me lots of questions about my condition and how it affects me. Took about 20 mins. I was asked to leave the room for about 15 mins. I was then called back and they told me i had won my appeal.

Did annoy me that i was put through it all and it was the same questions i was asked at the atos medical. when i read back what the atos report said, i was so angry to see that the dr had put she has no problems to things like does your condition affect you going out etc. My anxiety and panic stopped me doing alot of everyday things, i couldnt even go in a supermarket, yet she put down i had no problems!!!
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Old 06-06-11, 11:46
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Re: Failed ATOS medical, next steps, please help

thanks.

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?

im not sure how detailed my gl24 should be.

i have recieved my detailed medical report.

i hear the appeal is just an internal DWP process, if they still fail you, you can then go to the tribunal phase.
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  #6  
Old 06-06-11, 13:05
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debs71 debs71 is offline
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Re: Failed ATOS medical, next steps, please help

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.
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  #7  
Old 06-06-11, 13:09
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Re: Failed ATOS medical, next steps, please help

as soon as you appeal your money starts again dont give up lots of people win on appeal
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Old 06-06-11, 13:19
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Re: Failed ATOS medical, next steps, please help

you apple first if that dont work you go to the tribunal
pop in chat one day i help you
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  #9  
Old 06-06-11, 13:34
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nomorepanic nomorepanic is offline
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Re: Failed ATOS medical, next steps, please help

Debs - I cannot work full time due to having Crohn's and the heart attack and yet they repeatedly tell me I cannot get any benefits because of that. I don't understand the system either.

It also doesn't help when I see people posting on Facebook about going to concerts to see bands and yet they are claiming benefits due to being agoraphobic!
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  #10  
Old 06-06-11, 13:38
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Re: Failed ATOS medical, next steps, please help

Quote:
Originally Posted by nomorepanic View Post
Debs - I cannot work full time due to having Crohn's and the heart attack and yet they repeatedly tell me I cannot get any benefits because of that. I don't understand the system either.

It also doesn't help when I see people posting on Facebook about going to concerts to see bands and yet they are claiming benefits due to being agoraphobic!

new illness agoraphobic 2 hours a day lol
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