Atos Appeal

[gypcyg]

I am posting this for a friend so I might not have all the information to hand if you ask questions.


I have a friend (aged 46) who was on DLA until she was reassessed last year, upon which she was taken off the benefit altogether. She didn't realise that the DLA had been taken off her until 1 month ago when her benefit changed to JSA - She missed the time limit to appeal their decision.

She has special needs (she attended a school for pupils with special educational needs) but ATOS claimed that she had no special needs. She also spent about eight years in a care home and the school they sent her to didn't have one qualified teacher.

She was seriously abused for over 8 years as a girl and it was only 9 years ago that she actually told someone - She has since seen some Councillors (RASA have been fantastic) and been diagnosed with PTSD. Her doctor told her that she must start helping herself (the Doc also didn't know she had special needs) and in her letter to ATOS she said my friend was fit to work again.

I helped my friend apply for all the records from her childhood and this was the first time I realised that she had special needs (If I'm honest it made sense of her behaviour - unkind people have always called her mad and she does things that haven't made sense to me until now)

The dole have had to take charge of paying her rent and gas bills because she is not capable. Her son won't let her have her grandchildren without being supervised. She starts fights with anyone who she thinks is against her - she has punched Polish men and women because when they speak Polish she thinks they are talking about her.


I believe that she was not adequately supported through the process and I wonder if anyone knows what I can do to help her. I helped her fill in the forms for a new claim but I'm angry that they took her off in the first place. I've been trying (with RASA) to get her to go the Police to report her abuse but she is terrified of doing this. If she is forced into work then I really believe that she will never go.

Is there a legal route she can go down? The council are meant to have a duty of care to it's citizens and I think this is a clear cut case of them not achieving this. She self harms, takes drugs and is incapable of looking after herself.

Sorry if this post is disjointed.

[Alan Mack]

Hi gypcyg, Oh you mentioned that dreaded word ATOS grrr makes me shudder as I've had so much bother with ATOS in the past I could go on all day about them ,

one thing springs to mind when you mentioned getting legal help and that is Citizens Advice Bureau, If your friend hasn't tried them already I would suggest she gives them a try, they have been so helpful to me in the past especially with claims and the DLA I can't recommend them enough, I just hope there is a advice bureau in your area as I heard the government was shutting some of them down,

I hope your friend gets the help she needs.