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Atos Medicals - Questions, Answers and Support

From that little bit of information is sounds very dodgy - there also been recent case law which has underlined more what an employer's responsibilities are towards dismissing those with a chronic condition. The case law summary was very clear that an employer can obtain a third party medical report but should not just rely upon it without question.
http://www.lexology.com/library/detail.aspx?g=ac217788-db1e-4f68-9292-e69d38a72fbe

From that little bit of information is sounds very dodgy - there also been recent case law which has underlined more what an employer's responsibilities are towards dismissing those with a chronic condition. The case law summary was very clear that an employer can obtain a third party medical report but should not just rely upon it without question.
http://www.lexology.com/library/detail.aspx?g=ac217788-db1e-4f68-9292-e69d38a72fbe
There was a mention of him getting another role in the past tense as he left the building. Even I thought that was a bit dodgy. He was told he could of done X job instead but it's too late now so on yet bike. He said he would of bitten their hands off if the offer was actually made.
 
I might do if he comes back. Might wait until a few pages have passed as I don't really want him (or anyone at work) knowing my online shenanigans as I've put quite personal stuff on this thread and others over the years.

If any of you have any information I could give him in the meantime on where he stands legally it would be appreciated.
If he's in a union he should approach them. Otherwise, I'd advise him to have an initial meeting with a solicitor who specialises in employment law. Without knowing the full facts of the case it's difficult to really be specific, but he should seek legal advice as soon as he can. A lot will offer no win no fee for tribunal cases.
 
There was a mention of him getting another role in the past tense as he left the building. Even I thought that was a bit dodgy. He was told he could of done X job instead but it's too late now so on yet bike. He said he would of bitten their hands off if the offer was actually made.
Sounds well dodgy to be honest. Not to mention that it's a horrible thing to do.
 
This fucking cunting shit stain of a form.<snip>
Agreed, but it's that way on purpose. To discourage honest claimants and trip up even slightly dishonest claimants.

Treat it accordingly and don't let it have either of those effects on you or on the person you're helping to fill it out.
 
Agreed, but it's that way on purpose. To discourage honest claimants and trip up even slightly dishonest claimants.

Treat it accordingly and don't let it have either of those effects on you or on the person you're helping to fill it out.

Indeed. Yeah I know exactly why it's like it is and how it's intended to trip you up. It's difficult to not let it have those effects on me. I've been frustrated by it, I've tried not to get frustrated by it, particularly around my friend but she can tell and she worries it's her and not the form I'm getting frustrated with, I've reassured her it's most definitely the form but still it's not nice for her. What's worse is the guilt both of us feel, her because it's taking up a lot of my time and me because I was really hoping to get it done with minimal input from her but it hasn't turned out that way unfortunately and it's made her really ill over the past week :(.

Still it is what it is though, it's neither of our fault and it's nearly over with thank fuck!

I've been in and out of unemployment for the last seven years or so, I studied social policy at university recently and I've obviously been against the welfare reforms. However, it's not until you're actually faced with it, not until you actually see the effects of it on either yourself who's ill or doing it for loved ones who are ill that the reality of how fucking nasty the whole thing is. This treatment is worse than anything I've ever received through being unemployed that's not a result of illness. I also didn't realise ESA was Labour's bright idea.

Ho hum, thanks for listening to me sound off! I guess this is what this thread is for :)
 
<snip> Ho hum, thanks for listening to me sound off! I guess this is what this thread is for :)
(((Doctor Carrot and friend))) Here's hoping that all the hard work both of you are putting in will be worth it. It's difficult enough having to stare the full reality of sickness and/or disability in the face without the worry that, unless you get the words just right, somebody will find an excuse to make life more difficult for you.

Hence the need for short sessions and doing something enjoyable after each one.
 
IMHO recordings and having somebody there (as a witness/chaperone/advocate) should be standard practice with anybody who is potentially vulnerable due to ill health or disability, but this goes in spades for anyone with a memory problem or who becomes easily confused or upset when under pressure.

Recordings will only ensure you will have a full and proper WCA face to face. This recording can be as good for the goose as it is for the gander. Any inconsistencies go both ways tbf.

As for covert recordings they are only useful in discrediting the ATOS HCP evidence. They can not and usually will not prove you meet the descriptors for ESA.

You have to be quite canny and selective in using audio recording as evidence.
 
Help please. Can they fuck your claim up and suddenly make your money about £30 a week less? I can't stop shaking and I'm cracking up. The last couple of weeks has been one fuck up after another. I can't handle it anymore. If I can leave the house tomorrow I'm going to CAB but does anyone know if they can just dock your money? The tribunal ruled I'm still entitled to ESA.
 
Fuckers :mad: geminisnake £30 rings a bell to me. Like that's the amount less you get if you don't comply with wrag stuff. Hopefully they've not cocked it all up. Have you rung the DWP? At least then you know what you're up against.
 
Fuckers :mad: geminisnake £30 rings a bell to me. Like that's the amount less you get if you don't comply with wrag stuff.

No, the sanctionable amounts changed in Dec 2012. Whereas previously the WRAG or Support Group component was sanctioned, which are both around £30, now it is the personal allowance component which is sanctioned, so either £56 (under 25) or £71(over 25).

The good news being, it is unlikely to be a sanction, as the amount sanctioned would be more than £30. If there is no overpayment due geminisnake, it sounds likely that the WRAG or Support Group component has not been added to your personal allowance for some reason, perhaps in error.
 
No, the sanctionable amounts changed in Dec 2012. Whereas previously the WRAG or Support Group component was sanctioned, which are both around £30, now it is the personal allowance component which is sanctioned, so either £56 (under 25) or £71(over 25)
Fucking hell - that passed me by.

geminisnake, it sounds likely that the WRAG or Support Group component has not been added to your personal allowance for some reason, perhaps in error.
I was wondering if that'd be it. Fingers crossed they sort this asap geminisnake
 
it sounds likely that the WRAG or Support Group component has not been added to your personal allowance for some reason, perhaps in error.

Aye, error, like the not reading the fucking letter from the Tribunal error which stated I remain on ESA, which resulted in me having to sort out my HB/CTB for the second time in 8 months. Yet these are the people that want to charge us for fucking errors??(the council are one of my main stressors and why I got signed off yrs ago)
£30 is a guestimate. I have no idea how much the individual bits that make up the total are, just knew £112 wasn't right!

I haven't phoned them. I'm leaving that to CAB. I really have had enough. Thanks for the replies though.
 
Help please. Can they fuck your claim up and suddenly make your money about £30 a week less? I can't stop shaking and I'm cracking up. The last couple of weeks has been one fuck up after another. I can't handle it anymore. If I can leave the house tomorrow I'm going to CAB but does anyone know if they can just dock your money? The tribunal ruled I'm still entitled to ESA.
£30 would be the difference between pre and post assessment rate ESA. So my guess (as far as anyone can divine this insane mess of a system) you've somehow been bumped back, which would lead me to assume they think your claim has expired or something.

Sounds like a huge admin fuck up and the least they could do is give you a reason.
 
Current rates are:
First 13 weeks of claim: £71.70

From 14 weeks of claim:
Work Related Activity Group: Up to £100.15
Support Group: Up to £106.50

(source: https://www.gov.uk/employment-support-allowance/what-youll-get )
Also may be a factor: contribution-based esa in the work related activity group is time limited to twelve months, after which point you can claim income-related esa (although i'm still unclear as to whether this is done automatically, or whether you need to apply). Either way, that shouldn't bump you back to the 'starting point' though. Neither should winning your tribunal :hmm:
 
Also may be a factor: contribution-based esa in the work related activity group is time limited to twelve months, after which point you can claim income-related esa (although i'm still unclear as to whether this is done automatically, or whether you need to apply).

Not having been there - but I'd have thought you'd almost certainly have to apply for income related ESA, since you would not, at the point of claiming contributions based ESA, have had to provide any info about any other income / savings you (and, if relevant, your partner) might have.
 
it was indeed yet another feck up, hopefully sorted now, thanks for support a'body :)
:thumbs:

Not having been there - but I'd have thought you'd almost certainly have to apply for income related ESA, since you would not, at the point of claiming contributions based ESA, have had to provide any info about any other income / savings you (and, if relevant, your partner) might have.
I've dug out this, which they sent the other week. I've been trying to confirm for ages which type my claim is. One person at their delivery centre said it's contributions based, two said it's not - I applied for income related, have three letters saying my claim is income related, yet..

2014-02-18 15.48.41-1.jpg

I'm going to ring them closer to the time and double check what I need to do, if I don't get chucked on jsa before then.
This happened with my last claim as well :facepalm:
 
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:thumbs:


I've dug out this, which they sent the other week. I've been trying to confirm for ages which type my claim is. One person at their delivery centre said it's contributions based, two said it's not - I applied for income related, have three letters saying my claim is income related, yet..

View attachment 48729

I'm going to ring them closer to the time and double check what I need to do, if I don't get chucked on jsa before then.
This happened with my last claim as well :facepalm:

That letter seems to be saying you're on contributions based ESA now, but will change to income related in July 2014.

This suggests you've already declared savings / income etc to them.

Does that sound plausible?
 
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