Failed ATOS medical, next steps, please help [Archive]

anybody

23-05-11, 16:01

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

mandie

23-05-11, 22:50

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

anybody

25-05-11, 19:28

mandie

25-05-11, 22:13

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!!!

anybody

06-06-11, 11:46

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.

debs71

06-06-11, 13:05

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.

london

06-06-11, 13:09

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

london

06-06-11, 13:19

you apple first if that dont work you go to the tribunal
pop in chat one day i help you

nomorepanic

06-06-11, 13:34

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!

london

06-06-11, 13:38

Nicky32

06-06-11, 13:52

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

06-06-11, 14:31

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

06-06-11, 16:05

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

04-10-11, 23:41

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

05-10-11, 00:03

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

05-10-11, 00:13

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

05-10-11, 11:30

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

05-10-11, 17:11

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

06-10-11, 14:34

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

06-10-11, 14:58

How confusing :(

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

anybody

06-10-11, 16:25

got the call back, by someone who didnt seem sure of themselves.

said the appeal is ongoing still, but as there was queries on the case, and the medical was not
up to standard, ill need to do it all again.

i think id like to re-write it all anyhow with additional stuff and updated info, rather than ask for
the old one to be resubmitted.

i asked for a statement of reasons on why i need to do this all again, i was told the DM would be notified of this.

Bruno58

06-10-11, 16:47

anybody

06-10-11, 19:02

To come back now and say you have to go through it all again is in my view totally unacceptable, if they (ATOS? JobC?) have got it wrong its not your fault and you should not be harrassed like this...have you considered going to the Welfare Rights...I think you should.

J.

im not familiar with welfare rights, what will they do? are they a free service like CAB?

yes it sounded like the person on phone didnt want to tell me the exact reasoning for the situtation, was mumbling kinda reading out aloud from the screen, about too many queries and medical not up to standard, as atos admitted. One staff said they had never come across this situation, eg appeal going on but then sent back to stage 1 to do questionaire and medical all over again.

Bruno58

06-10-11, 19:29

Yes welfare rights are like CAB and there is no cost to use them, you should have an office not far from you, you'll need to do a search but if you have a CAB they will know, ours only open certain days/times, I haven't used them myself but my wife has, she saw 2 people at different meetings and one was the aggressive type!!! he rang the local office concerned and blasted them...she also attended an appeal and won her case easily...she was and still is very sick.

DWP/JobC and ATOS are a complete shambles and we must remember Jobcenter staff are being cut back as ATOS are doing some of their work...! 40 staff at our local JobC were made redundant in the last 6 months, I have a photo of the local newspaper's story..the headline read, Jobcenter cuts 40 jobs!!! its all crazy...ask me anything and I will try to find the answer.

J.

eight days a week

06-10-11, 20:12

I completely agree with Bruno.

It sounds to me (and I'm just guessing here) that they have completely screwed up, and are trying to bluff their way through to get the paperwork they need (I wonder if ATOS have lost your original?!). That's why I'd personally get on to the appeals section and speak to a manager, but Bruno has the better idea of Welfare Rights (who I haven't heard of).

I wouldn't change too much of your original paperwork if you resubmit (you have a copy then I guess?), unless you've consistently got worse. After all, it's an ongoing condition you're claiming for. But again that's just me and my humble opinion.

Let us know how you get on :)

Bruno58

06-10-11, 20:43

If you can't find Welfare Rights do an online search with Google, type in your town or city and welfare rights which should bring up lots of results, same if looking for your local CAB, you should be able to email them or/and find the local office, ours comes under Lancashire County Council.

They don't make it obvious these sevices are available to the public, a representative from WR can go with you to an tribunal appeal if you need/wish for support, they will also write/phone the JobC etc for you to help with problems, it does depend a lot on the person at WR how they approch a particular request for help and advice but you should find they will make progress for you, I am speaking from my wife's experience with these matters, I am considering using them myself soon.

J.

anybody

06-10-11, 20:48

http://www.welfarerights.net/home.php

correct ?

Bruno58

06-10-11, 20:54

Yes that where you need to go:)

J.

anybody

06-10-11, 21:22

Yes that where you need to go:)

J.

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

ditzygirl

06-10-11, 21:32

Bruno58

06-10-11, 21:40

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

06-10-11, 21:44

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

06-10-11, 21:54

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

06-10-11, 21:55

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

08-10-11, 15:04

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

17-10-11, 16:24

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

17-10-11, 17:01

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

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 :yesyes:

Bruno58

17-10-11, 21:57

Hi anybody

Here's a link to DLA

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/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:winks:...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

19-10-11, 08:06

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

20-10-11, 19:25

Bruno58

20-10-11, 20:02

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.

The first thing that strikes me is how can anyone be expected to start again with the form and possible repeat medical when they already have an appeal in progress...

I assume you wrote to the Jobcentre plus asking what has happened to your appeal...not to ATOS? did you post it with a normal stamp or send where a signaure on delivery is needed, I wondering if they have mislaid of even lost it.

Its very unsatisfactory to ask you to start again without giving any reasons.

You may prefer to start again and maybe add some information to the form which gives your case more weight? I know it must be a strain on you but I feel you can get through this and I will try my best to advise, I'm having trouble with them myself although I think I'm a bit older than you and had a lot of experience now so I can take the right steps and be just in front...I hope:wacko:

I'll keep watching and thinking about your situation.

J.

anybody

20-10-11, 20:23

atos admitted that the medical was not up to standard via letter, therefore the scoring is wrong, therefore the DM thought start again. CAB and solicitor both said they can do this, and to just do what they say and re-do the questionnaire and go to another medical.

i called jobcentre, they said they have never come across my situation, but did
say the appeal is still ongoing.

yes ill be adding more info, so draining, it actually makes me feel worse this process.

thanks for the help, much appreciated.

Bruno58

20-10-11, 20:49

You are welcome ..I just hope I give good advice, make sure you send the form back by first class recorded delivery and obtain a receipt from the post office, it has a 13 digit tracking number (barcode) you can check when it has been delivered and should see the signature online at royalmail.com can take a few days to go through the computer system at RM, also take note of the date it is due back so in good time, I have had letters take 4 working days if the weekend is coming up, I sent the last one on Tuesday the 18th and it was delivered today the 20th.

Here's a link to the tracking page you need.

http://www2.royalmail.com/track-trace?forcesegment=SG-Personal&gear=authentication
J.

anybody

20-10-11, 20:57

recorded delivery is the most expensive one? or is that special delivery?
theres one that costs like £5+ and another one that is about £1
i normally go for the cheaper one, where they give you a receipt as proof of postage.

Bruno58

20-10-11, 21:23

I normally use recorded its £1-£2 as they check the weight and also the size of the envelope, did ATOS send a large white one...they sent me one of those...I didn't send my form back of course...don't know if you knew that... ...you can get a guide to postage rates and sizes of envelopes which can affect the cost..give me a few minutes and I'll check mine for you and let you know what it should cost.

Special Delivery is over £5 so don't use that...unless it needs to be there the day after, its guaranteed to get to the address by 1pm the following day though.

Back shortly...

---------- Post added at 21:23 ---------- Previous post was at 21:09 ----------

OK, a first class recorded cost is £1.23 up to 100g and the envelope no bigger than 240mm x 165mm x 5mm thick, fold it up and use a smaller one, about 20p for a brown one at the PO, they send me dirty brown envelopes so why not do the same!

ATOS sent me a large envelope with postage already paid...I'd send it recorded so they can't say they didn't receive it as I have the proof, wouldn't trust them to organize a wine tasting event in an off licence...no one would remember to bring a corkscrew...

Anyone get the feeling I don't like ATOS? !

Take care and don't let them get you down:)

J.

anybody

23-10-11, 00:39

ESA50 questionnaire has been changed, its shorter now, like 7 pages! some questions combined with others, some missing
all together, rewording all over. (im comparing it to last years).

london

23-10-11, 00:58

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.

no dont wait you only have a month to bang a appeal in
ask for your med report and ask for a SOR
pm me when your on next i help you the best i can
dont give up
god bless

anybody

23-10-11, 01:01

london: thanks...but thats old news, did the appeal etc.
now doing the questionnaire again, back to square one. lol
i explained in my newer post im sure.

london

23-10-11, 11:26

oh dear me hehe

anybody

23-10-11, 15:19

got letter from job centre, after i requested an explanation, it says
medical report not correctly done so not valid to use to revise decision.
so to do it correctly now another assessment referral has been made.
so i need to do the ESA50 again, also saying that the original one was done many
many months ago, so an up to date one would be more suitable. And on and on the
process goes...

so basically they didnt feel the need to tell me whats going on or explain.
I had to ask them for explanation.

eight days a week

23-10-11, 19:13

That doesn't make any sense whatsoever to me! It was the medical report not the questionnaire that they have said was wrong.

Personally I'd kick up a right fuss with the appeals section over that, but if you don't mind filling it in again then that may be easiest.

I think I've said this before, but I would be wary of writing anything too different from your original questionnaire. Perhaps say how things have been worse (if they have) yes but I would ignore things have have been a bit better.

The reason I say this is because when I last met with my benefits adviser I told him that some things had been better and some things had been worse. He stressed that I shouldn't highlight the things that have been better (or even how things have changed necessarily) because a) my condition is ongoing and a few weeks or months doesn't make those aspects of my condition cured and b) because they will try to hook into any small thing they can. The key thing really is an ongoing condition.

This guy knows me very well indeed by the way, and rates me at least 30 on the points scale (I could get much more I reckon if he had time to really dip into my case).

All the best, and please continue to let us know how you get on :)

anybody

23-10-11, 19:25

the fact to face medical was the problem on their part.
i asked if i could just resubmit the old questionnaire, they didnt know what to say,
then they said no, i have to do it all over again.
yes ive copied most of the old one, with added detail and update. nothing is better, i feel the same if not worse.

thanks

eight days a week

23-10-11, 19:57

anybody

23-10-11, 21:01

Sorry to hear you're feeling worse my friend :(

But you're doing all the right things I think, and have shown great strength in what has been an incredibly unfair and difficult situation - all credit to you!! :)

thanks....sigh...god i feel 100% depressed after having spent two full days doing this questionnaire (after having it on my mind for several weeks putting it off). can barely move.

Bruno58

23-10-11, 22:17

Hi anybody,

sorry you're not feeling so good, I'm not either. I know how it is but you can fill the form in you've done it before and its not your fault they messed up

take your time and get it right you'll be fine

we are here to support you so keep talking on here and we'll listen

when is the form due to be back?
J.

anybody

14-02-12, 09:11

hi again, went for the second medical, scored 0 again.
what was annoying was that it was shorter and less thorough from the 1st medical,
and all my conditions/problems were not asked about in medical, almost like lots
of stuff was missed out in thier questoinning. the reason they did the 2nd medical
was that the 1st one was not accurate (they addmitted).

so now will request report and reasons for decision, ask them to reconsider,
then appeal if necessary.

unsure what they are asking or the process.
"you will get further letter explaining how decision made"
call to ask for written statemenet of reasons.
write to ask for reconsideration. (but wait for medical report before doing this?)
then appeal...
write to ask for face to face assessment report.
if you ask for written explanation BEFORE you ask for written statement of reasons, the month deadline is not extended.

thanks.

anybody

27-02-12, 18:54

eight days a week

27-02-12, 19:43

Doctor charges £40 for letter to support an ESA appeal, but says if go to CAB, tell CAB to tell doctor to do this, then there is no charge to me.

But letter from doctor to Council to support a housing benefit decision, i have to pay?
or is there help i can get to cover cost? eg welfare rights or legal aid?

It sounds to me like your best bet is to ask all that when you see the CAB as you're going anyway.

But hopefully someone with experience can come on here and maybe give you their experience :)

I forget anybody (sorry) are you in touch with your local benefits adviser? Mine is in direct contact with my psychiatrist, so he arranges the supporting evidence for me (a letter) and it's free through him.

If you're in Kent PM me and I'll tell you who mine is. He's based at the social services office so maybe you can phone your local office and ask to speak to the benefits adviser? Or if you are in touch with your local mental health team you could ask them.

Failing that, like I said, the CAB should know.

All the best to you :)

fuzzy head

27-02-12, 19:52

anybody

27-02-12, 19:57

I was on ESA middle rate £94. Had an assesment and was told I scored zero too. I'm waiting for my appeal and am now on £67 a week. Really hard to live on but I survive. I just wonder if I will go back to £94 after being on £67 for 13 weeks. Doctor keeps signing me off as I'm not ready for hunting for jobs. I never received a detailed reason though as to why I failed. Anyone got advice on this?

ive been on £67 assessment rate for over a year.
ring jobcentre and ask for medical report and statement of reasons.

---------- Post added at 19:57 ---------- Previous post was at 19:55 ----------

It sounds to me like your best bet is to ask all that when you see the CAB as you're going anyway.

But hopefully someone with experience can come on here and maybe give you their experience :)

I forget anybody (sorry) are you in touch with your local benefits adviser? Mine is indirect contact with my psychiatrist, so he arranges the supporting evidence for me (a letter) and it's free through him.

If you're in Kent PM me and I'll tell you who mine is. He's based at the social services office so maybe you can phone your local office and ask to speak to the benefits adviser? Or if you are in touch with your local mental health team you could ask them.

Failing that, like I said, the CAB should know.

All the best to you :)

thankyou
no idea what a local benefits advisor is.
Im going to go to another CAB office this week.

anybody

09-03-12, 00:06

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

10-04-12, 20:02

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

15-11-13, 07:04

:shrug: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

20-11-13, 21:39

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

Skye2

13-12-13, 07:00

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

Rls1994

22-12-13, 04:54

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. :rolleyes::rolleyes::rolleyes::rolleyes:

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

23-12-13, 01:45

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

18-04-15, 08:54

:shrug: 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]