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Atos Medicals - Questions, Answers and Support

WouldBe said:
Yeah but you can get DLA if you have severe discomfort. If you get the severe discomfort before you even stand up to walk then that counts as well so your effective walking distance is 0 meters. :)
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Not so sure about that. Isn't it the act of walking creating severe discomfort what counts?

Himself will definitely lose it, and therefore his Freedom Pass on top of bedroom tax that he'll have to pay
 
WouldBe said:
Yeah but you can get DLA if you have severe discomfort. If you get the severe discomfort before you even stand up to walk then that counts as well so your effective walking distance is 0 meters. :)
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Not convinced they interpret it like that though
 
WouldBe said:
One of the links posted to earlier (benefits and work forum?) gives a list of case rulings. IIRC severe discomfort before walking counts. :)
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Yes, but what I'm saying is, their interpretation of how soon severe discomfort kicks in. If you say you're able to walk 30 metres before stopping, then you're fucked. If you're only in discomfort for the first 30 metres, then even more discomfort after that blah blah blah

It's all going to come down to their interpretation of severe discomfort innit
 
Minnie_the_Minx said:
It's all going to come down to their interpretation of severe discomfort innit
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Case law also rules that severe discomfort comes before severe pain. So if you're in severe pain before walking you qualify. :)

DWP can change the distance as much as they like they can't change the case law. :)
 
WouldBe said:
Case law also rules that severe discomfort comes before severe pain. So if you're in severe pain before walking you qualify. :)

DWP can change the distance as much as they like they can't change the case law. :)
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That's besides the point. It still means thousands more are going to have to go through the stress of the appeals process.

Furthermore, if you've got your ESA ((Support Group) on the basis that you can't mobilise 50m but can 20m, then you're at risk of being chucked out of the Support Group
 
Furthermore

The government has also left out the phrase “safely, reliably, repeatedly and in a timely manner” from the PIP regulations. This means that if a person can do something just once, or can push through pain to do it, they might not get help and can’t even challenge it at tribunal.
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What's even more shocking is this

Government protestations about consultation are a nonsense if it takes no notice of what disabled people and their organisations say. Of the 173 consultation responses from organisations on the new PIP, only one suggested the qualifying distance for those who have the most difficulty getting around should perhaps be changed.
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a little bit of good news, from the Co-op's Facebook page:

Hello everyone, here is an update as promised on our occupational healthcare provider, many thanks for your patience on this matter.

The Co-operative Group can confirm that a robust procurement process considering, amongst other factors, cost, operational efficiency and geographical capability is currently underway for our occupational health services provider. Having been scored against an agreed set of parameters and against other bidders, Atos Healthcare have not progressed to the later rounds of that process and our intention is to have a new provider in place when the current contract terminates.
Gail.
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As a banking customer I had complained to them so, Result! :)
 
Does anyone know. I was given the all now well known 0 points at my atos ass. After waiting 10 months for my appeal to come up I
received a letter saying they had looked at the decision and had now decided to award me esa in the wrag group. Yipee.
I phoned them regards how long this would be for etc, and also asked for the information as to the reasons for overturning the
atos medical in writing. Two weeks have passed and still no letter, can anyone advise if they must give me this info or not.
atb angus.
 
angusmcfangus said:
Does anyone know. I was given the all now well known 0 points at my atos ass. After waiting 10 months for my appeal to come up I
received a letter saying they had looked at the decision and had now decided to award me esa in the wrag group. Yipee.
I phoned them regards how long this would be for etc, and also asked for the information as to the reasons for overturning the
atos medical in writing. Two weeks have passed and still no letter, can anyone advise if they must give me this info or not.
atb angus.
Click to expand...
Hi angus
You should be told how long you have received the support group for - and congratulations on your results, fab news :)

I do not know if they are obliged to give you a reason for overturning the atos medical, however, under the terms of the Data Protection Act you are entitled to receive all information held about you. You can do usually do this by making a request in writing to the DWP.

Hope that helps :)

ViolentPanda may have some additional information, if he is able.
 
angusmcfangus said:
Does anyone know. I was given the all now well known 0 points at my atos ass. After waiting 10 months for my appeal to come up I
received a letter saying they had looked at the decision and had now decided to award me esa in the wrag group. Yipee.
I phoned them regards how long this would be for etc, and also asked for the information as to the reasons for overturning the
atos medical in writing. Two weeks have passed and still no letter, can anyone advise if they must give me this info or not.
atb angus.
Click to expand...

I waited a few weeks for letter to come with explanation I think, although they didn't send me all the info I asked for. I wanted the info saying how many points had been awarded etc. but just got thing saying how long award was for (Support Group) and the reason
 
equationgirl said:
Hi angus
You should be told how long you have received the support group for - and congratulations on your results, fab news :)

I do not know if they are obliged to give you a reason for overturning the atos medical, however, under the terms of the Data Protection Act you are entitled to receive all information held about you. You can do usually do this by making a request in writing to the DWP.

Hope that helps :)

ViolentPanda may have some additional information, if he is able.
Click to expand...

He got the WRAG group equationgirl, but better than getting struck off altogether
 
Have just had a look, and this is what I asked for


ESA85A report plus the ESA85S aka personalised summary statement.
ESA113 report from your GP (if one was requested)
any medical reports from your GP or Consultants
LT54 (completed by decision-maker)?

there's also an ESA72 which tells you what group you're in and when you're up for assessment next

and I'm sure there's an ESA65, but I can't remember what that is

I'm guessing all they sent me was the ESA72 :rolleyes:
 
Found this on Benefits and Work

Hi Just me,
I too was put in WRAG without a medical.
I asked for reports and have been sent the following.
ESA72,this tells me what group i am in and that my next assessment will be up for review on 25/05/12.
ESA85a medical report form, this shows that i could be considred for work within 12 months, and that i have a significant level of disability.
It then goes on to say which descriptors i did not match, but no mention of how points were given,when i asked them to send me details of points they ssid none are given if you dont have a medical.
I have now requested a copy of ESA65 to se what that says.
Seems to me that they cannot cope and it's easier to put us in WRAG without a medical and hope we leave it at that.
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Worth reading the thread though

http://www.benefitsandwork.co.uk/forum?catid=10&id=67639&view=topic&start=6

and this one

http://www.benefitsandwork.co.uk/forum?catid=10&id=71859&view=topic
 
Minnie_the_Minx said:
Have just had a look, and this is what I asked for


ESA85A report plus the ESA85S aka personalised summary statement.
ESA113 report from your GP (if one was requested)
any medical reports from your GP or Consultants
LT54 (completed by decision-maker)?

there's also an ESA72 which tells you what group you're in and when you're up for assessment next

and I'm sure there's an ESA65, but I can't remember what that is

I'm guessing all they sent me was the ESA72 :rolleyes:
Click to expand...
I'm guessing you heard nothing?
 
Actually, just dug it out, and they sent me ESA85A (Medical Report Form) which was written up by a Registered Nurse which lists:

Advice
I advise that the client meets support group critiera as they have severe functional disability

Prognosis
I advise that a return to work is unlikely for at least 2 years

Justification of Advice
The available evidence from the ESA50 and Med 3 (wonder what Med 3 is?) has been used to give advice in this case. The Med 3 and ESA50 blah blah blah (basically suggesting he can't mobilise 50 metres repeatedly within a reasonable timescale due to severe ongoing neurological problems).
 
Minnie_the_Minx said:
I waited a few weeks for letter to come with explanation I think, although they didn't send me all the info I asked for. I wanted the info saying how many points had been awarded etc. but just got thing saying how long award was for (Support Group) and the reason
Click to expand...
#
Aye Minnie, the woman on the phone explained I was now in the wrag group until sept 13 when I will be reassessed. But the info I want is why my case went from 0 points at the medical to been put in the wrag group having not submitting any supporting evidence myself and it not going to the appeal stage. Not complaining like. would help for the next round if this info was available to myself, atb angus.
 
angusmcfangus said:
#
Aye Minnie, the woman on the phone explained I was now in the wrag group until sept 13 when I will be reassessed. But the info I want is why my case went from 0 points at the medical to been put in the wrag group having not submitting any supporting evidence myself and it not going to the appeal stage. Not complaining like. would help for the next round if this info was available to myself, atb angus.
Click to expand...

Well that's exactly why I want it, for when DLA comes up. Hardly worth writing pages and pages and pages of stuff if they've decided some of it counts and some doesn't. Want to know what to concentrate on :D
 
equationgirl said:
Hi angus
You should be told how long you have received the support group for - and congratulations on your results, fab news :)

I do not know if they are obliged to give you a reason for overturning the atos medical, however, under the terms of the Data Protection Act you are entitled to receive all information held about you. You can do usually do this by making a request in writing to the DWP.

Hope that helps :)

ViolentPanda may have some additional information, if he is able.
Click to expand...

Send a written request by recorded delivery, and keep a copy.
 
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