Atos Medicals - Questions, Answers and Support

[WouldBe]

Upper tribunal have received my request for setting aside the decision, let's see how that goes. If it doesn't get me anywhere I will have to reapply for PIP on the grounds my problems have got worse which will be a complete pain in the arse but will have to be done. I will also be starting legal action against all the corrupt cretins involved in my case so far.

 

[BCBlues]

Upper tribunal have received my request for setting aside the decision, let's see how that goes. If it doesn't get me anywhere I will have to reapply for PIP on the grounds my problems have got worse which will be a complete pain in the arse but will have to be done. I will also be starting legal action against all the corrupt cretins involved in my case so far.

Yeah keep going at 'em. Maybe start preparing the New Claim now, it might take a bit of pressure of later in the process ?
Fair play for keeping at it, it's draining and is very hard so seriously well done.

 

[Libertad]

Good news David Clapson and keep at 'em WouldBe

 

[equationgirl]

Keep going if you are able to WouldBe and really well done for getting so far as you have already.

 

[WouldBe]

Had the reply from the upper tribunal. They have refused to set aside the decision as it's not in the public interest to do so. I'm pretty sure that perverting the course of justice, a breach of the disability discrimination act, assault and aiding and abetting are most definitely in the public interest. Perhaps I should send the upper tribunal judge a letter saying "Congratulations you've won a day in court" Just need to figure out how to start legal proceedings against the muppets.

Now I've got to get past the moronic questions at the DWP to get them to send me a PIP claim form.

 

[equationgirl]

Had the reply from the upper tribunal. They have refused to set aside the decision as it's not in the public interest to do so. I'm pretty sure that perverting the course of justice, a breach of the disability discrimination act, assault and aiding and abetting are most definitely in the public interest. Perhaps I should send the upper tribunal judge a letter saying "Congratulations you've won a day in court" Just need to figure out how to start legal proceedings against the muppets.

Now I've got to get past the moronic questions at the DWP to get them to send me a PIP claim form.

Oh WouldBe I'm so sorry to hear that, and yes, all of those are definitely in the public interest.

Could the benefits and work website people help you with taking it to court?

 

[chainsawjob]

My PIP assessment is done. A lovely Urb helped me out with a lift No knowing how it went. It lasted 50 minutes and seemed quite thorough. I wanted to make sure I wasn't rushed, or not allowed time to give full answers. The assessor was a paramedic, I asked her what her knowledge and experience of mental health was, and she said she had experience through her job in the ambulance service. Not exactly 100% relevant, or sufficient training in mental health I wouldn't think, imo.

I recorded it all on my phone (didn't decide until the last minute whether to do this or not, and whether to be up front and ask, but in the end I went with hiding my phone under my coat and not asking, it seems to have recorded ok). Plus the friend that came with me took notes. Transcribing it now, I can see that I didn't qualify my answers enough. 'Can you do this?' 'Yes, but not when... and only if... and only for this long...'. If it would help anyone I can give a list of the questions I was asked. But tbh they were all ones listed in the Benefits and Work guide (a list of a possible I dunno 60 odd questions, maybe more). The guide had some useful advice on what to expect and what to be aware of.

Oh, the list of PIP assessment centres wasn't wrong when it said mine was hard to find! I nearly missed my appointment because we couldn't find it It was indeed 45 minutes wandering round industrial estates, asking people who sent us in the wrong direction, trying to ring up the centre, and finding it wasn't possible to speak to them directly, only to someone somewhere else who had no idea, etc etc Made for a nice relaxed arrival

Well I got my decision just before Christmas, and I was awarded lower rate care, think that's what it's called, for 2 years I think. So thank fuck for that. I felt totally flat about it, no woop at all. Ten months it took, and a lot of stress. After I'd received the letter I put all the paperwork away and haven't looked at it since. I'm sorry I haven't been back sooner to update everyone, I sunk into a really bad depression since just before Christmas which I have only just surfaced from. Find it very hard to post, and cut myself off from everyone/everything. I think the PIP saga is one of the things that worsened my condition, the very thing I'm trying to get help for, as well as a combination of other things going on. Grrrr.

Sorry not to have kept up with everyone else's 'progress' (hardly the most appropriate word for anything to do with benefits ), but strength to everyone still going through it, and congrats to anyone who's had a good decision. This thread has kept me sane at times, thanks for all the support

 

[fishfinger]

Glad you got your award chainsawjob I know what you mean about feeling flat. I certainly found the whole experience of applying for PIP and having to take it to a tribunal, very stressful and it made my depression much worse. Good to see you back.

 

[iona]

Liked for getting your money and for surfacing now chainsawjob

 

[iona]

Latest news here is the dwp have decided I'm definitely on WRAG ESA, which is what my letters and payments all say but one person told us the computer said SG

My support worker is massively fucked off that I've still heard nothing about my medical—now ten months after they received my completed ESA50—and that they sent me a work coach apt out of the blue in Feb (although person I saw said they'd put a note on system for me not to have more 'til reassessment as they're obvs pointless). He's writing a long complaint letter about all their shit, right back to my last medical in 2016 (when I got shouted at several times for rocking/flapping and scratching my hands til they bled, by an assessor who then wrote that I was calm, relaxed, not rocking etc during apt and stuck me in WRAG ) which he's also determined to mand.rec./appeal/etc despite the time limit!

Oh, and it might only be a few months 'til I start getting more PIP forms if they do what other people have had and start sending them out a year before the claim ends...

 

[equationgirl]

chainsawjob I am not surprised I the process made your depression worse, it's a stressful thing to go through. Nice to see you back.

iona hope you hear something positive soon. Your support worker sounds helpful.

 

[chainsawjob]

That's a long wait for your medical iona, hope you get a date soon. Glad your support worker is determined to hold them to account for all the previous rubbish. Are you hoping the decision will be revised to SG? I remember you saying you weren't sure whether to appeal being put in WRAG, some time ago.

Jeez are they sending out PIP forms a year in advance, there's no let up is there

 

[BCBlues]

Nice to see you back chainsawjob. It must have been a long hard winter for you.

iona I cannot believe the hypocrisy of your assessor getting annoyed by you rocking and scratching when that is exactly what they should be looking for. Im sure its in their own guidance notes especially the rocking. I've had reports from assessors saying that I was quite relaxed and not rocking therefore not showing any signs of depression/anxiety. The fact that I was zombified on painkillers was nothing to do with it in their view despite that being my main reason for wishing to be put in SG.
Good luck going forward iona.

 

[ash]

Husband has a PiP medical transfer from DlA coming up. We really thought he would be assessed on paper he’s registered blind with a degenerative eye
Condition I’m not sure what more information they plan to glean from a face to face assessment.?

 

[iona]

That's a long wait for your medical iona, hope you get a date soon. Glad your support worker is determined to hold them to account for all the previous rubbish. Are you hoping the decision will be revised to SG? I remember you saying you weren't sure whether to appeal being put in WRAG, some time ago.

Jeez are they sending out PIP forms a year in advance, there's no let up is there

Would've been my PIP last year you're thinking of, I think? I wasn't unsure about whether to appeal the ESA decision; just didn't manage to do a mand rec letter before the deadline 'coz of not having anywhere to live at the time and shit.

I'm not hopeful that the decision'll be changed now, after all this time—would be nice though! We'll def be mand rec / appealing if I don't get put back in support group when they finally get round to the reassessment I'm due.

Nice to see you back chainsawjob. It must have been a long hard winter for you.

iona I cannot believe the hypocrisy of your assessor getting annoyed by you rocking and scratching when that is exactly what they should be looking for. Im sure its in their own guidance notes especially the rocking. I've had reports from assessors saying that I was quite relaxed and not rocking therefore not showing any signs of depression/anxiety. The fact that I was zombified on painkillers was nothing to do with it in their view despite that being my main reason for wishing to be put in SG.
Good luck going forward iona.

Exactly, she obviously didn't just not notice I think all that stuff (relaxed / rocking / fidgeting / eye contact / speech & needing prompting to answer / etc) is listed on the thing they fill in during apts, judging by how it turns up in those garbled, cut-and-shut sentences the computer spits out as assessment reports.

 

[iona]

Husband has a PiP medical transfer from DlA coming up. We really thought he would be assessed on paper he’s registered blind with a degenerative eye
Condition I’m not sure what more information they plan to glean from a face to face assessment.?

Guidance for assessment providers re. paper-based assessments here.

Have a look and write to request a paper-based assessment, quoting the guidance (and with supporting letter from GP/other health professional if poss), if you think he's eligible based on that?

Good luck with it all.

 

[ash]

Guidance for assessment providers re. paper-based assessments here.

Have a look and write to request a paper-based assessment, quoting the guidance (and with supporting letter from GP/other health professional if poss), if you think he's eligible based on that?

Good luck with it all.

Thanks for this ... I had read that out to him a while back to reassure him he wouldn’t have a medical and forgotten about it I didn’t realise we could make a case not to have a face to face assessment. I will have a chat with him about it but not sure who we should contact to challenge this or if it might be best to just to go ahead as I’m fairly confident he would win on a mandatory reconsideration or appeal if it came down to it .... but just feel it’s wrong he has to go though it. God knows what humiliating tests or questions he might be asked to perform??

 

[iona]

Thanks for this ... I had read that out to him a while back to reassure him he wouldn’t have a medical and forgotten about it I didn’t realise we could make a case not to have a face to face assessment. I will have a chat with him about it but not sure who we should contact to challenge this or if it might be best to just to go ahead as I’m fairly confident he would win on a mandatory reconsideration or appeal if it came down to it .... but just feel it’s wrong he has to go though it. God knows what humiliating tests or questions he might be asked to perform??

Where are you with it at the moment, have you been given a date for f2f?

I think you want to contact the assessment provider—off the top of my head that's Capita or Independent Assessment Services (formerly ATOS) depending on where you live—to request paper-based. Will his GP or another health professional provide evidence to support the request?

 

[chainsawjob]

Good luck ash, hope he's able to get a paper-based assessment. I tried to argue for one on my PIP form, but didn't realise there were regulations I could have quoted to make a case for one.

Nice to see you back chainsawjob. It must have been a long hard winter for you.

Thanks, that's kind of you, it was, think I missed spring entirely as well, suddenly I felt better and it was summer!

 

[equationgirl]

ash God knows what they're thinking, hope your argument is are successful.

 

[chainsawjob]

Would've been my PIP last year you're thinking of, I think? I wasn't unsure about whether to appeal the ESA decision; just didn't manage to do a mand rec letter before the deadline 'coz of not having anywhere to live at the time and shit.

I'm not hopeful that the decision'll be changed now, after all this time—would be nice though! We'll def be mand rec / appealing if I don't get put back in support group when they finally get round to the reassessment I'm due.

Ah yes, sorry, it was PIP.

Good, I'm glad you're going to keep going with getting back into the SG

Yes, there are so many hoops to jump through, you have to be really on top of things to be able to cope with it all, and many people going through it just aren't, in practical terms (not having anywhere to live, or having other adverse circumstances) or in emotional terms, or in terms of their health condition. Being on top of things just doesn't apply to many people (or they probably wouldn't be applying for help with health needs in the first place!), and they rely on that to deter people from appealing or even applying in the first place to what they're entitled to So many times during this PIP process I've nearly given up as I just didn't think I could find it in me to battle on. The whole thing stinks and the process is cruel and unfair.

 

[ash]

Meant to quote

 

[ash]

Where are you with it at the moment, have you been given a date for f2f?

I think you want to contact the assessment provider—off the top of my head that's Capita or Independent Assessment Services (formerly ATOS) depending on where you live—to request paper-based. Will his GP or another health professional provide evidence to support the request?

ash God knows what they're thinking, hope your argument is are successful.

Thanks both - he was called and offered a short notice appointment and accepted as we are away in July and didn’t want to miss an appointment that then came in then post and get sanctioned. We will wait until he gets the appointment letter and might contact them. The problem with medical evidence is he was diagnosed when he was 15 (49 now) there’s no medical intervention required. So although he’s under Moorfield he rarely sees them and doesn't see GP re: vision although does have depression and high BP which are very likely connected. He has a certificate of visual impairment and is registered with the local authority.
I will have a chat with him about what to do. His brother has the same condition and wasn’t called for an appointment.

 

[equationgirl]

Thanks both - he was called and offered a short notice appointment and accepted as we are away in July and didn’t want to miss an appointment that then came in then post and get sanctioned. We will wait until he gets the appointment letter and might contact them. The problem with medical evidence is he was diagnosed when he was 15 (49 now) there’s no medical intervention required. So although he’s under Moorfield he rarely sees them and doesn't see GP re: vision although does have depression and high BP which are very likely connected. He has a certificate of visual impairment and is registered with the local authority.
I will have a chat with him about what to do. His brother has the same condition and wasn’t called for an appointment.

There does seem to be a lot of inconsistencies in the way the whole process is managed.

The ridiculous thing is that it's almost as if they think he's going to have been miraculously cured and his sight returned. Which is just offensive as well as ridiculous.

 

[existentialist]

There does seem to be a lot of inconsistencies in the way the whole process is managed.

The ridiculous thing is that it's almost as if they think he's going to have been miraculously cured and his sight returned. Which is just offensive as well as ridiculous.

Offensive is the least of what it is. This system is designed to make the process of claiming as miserable as possible, and if in the course of that they create some obviously stupid and inequitable situations, they don't care - after all, it's only another disabled, another "useless eater". What does anyone care about them?

 

[StoneRoad]

You are, unfortunately, quite right in your assessment, @extistentialist - although *they* would deny such a "policy" exists, to them it is dressed up as 'actively targeting benefits to those most in need' and *they* think we are all fooled by the smoke and mirrors.

Solidarity to those being subjected to the process ! I wish I could help in some way ...

 

[ash]

Offensive is the least of what it is. This system is designed to make the process of claiming as miserable as possible, and if in the course of that they create some obviously stupid and inequitable situations, they don't care - after all, it's only another disabled, another "useless eater". What does anyone care about them?

Exactly what himself said - it’s a joke and so unnecessary I just hope we don’t get some jumped up OT/physio going down the reablement strengths based route - he’s lived with it for decades. I’m a bit worried he might lose it with them which won’t help.

 

[existentialist]

I saw a client today - one of those people who is/was completely unaware of the history and implications of the whole DWP/ESA/PIP thing. Got completely tucked up at an ESA assessment - the nurse tricked him into doing things which caused him pain for quite a while afterwards. He's awaiting the outcome, but I think we can all guess exactly what it's going to be...

 

[equationgirl]

I saw a client today - one of those people who is/was completely unaware of the history and implications of the whole DWP/ESA/PIP thing. Got completely tucked up at an ESA assessment - the nurse tricked him into doing things which caused him pain for quite a while afterwards. He's awaiting the outcome, but I think we can all guess exactly what it's going to be...

There should be instructions about what he can do next, so it's not the end by any means.

 

[existentialist]

There should be instructions about what he can do next, so it's not the end by any means.

I have stepped slightly outside my professional boundaries and pointed him to some useful places...