ATOS & DWP...ESA

dorcas

Hi everyone,

It's almost three weeks since I had the ATOS medical assessment but finally received the decision letter from dwp in the post today.

I wish it were better news.

I've been assessed as having 'potential capability' for work and placed in the 'Work Related Activity Group' :shock: I have to attend a 'Personal Adviser' and show that I am taking 'reasonable steps' to manage my condition and so move back into the workplace.

So there we have it..... it doesn't matter what your medical history or mobility is, that you're post op and awaiting more surgery, attending various consultants, starting new treatments ..and..that you had to take early retirement from a job you enjoyed (and miss) because of the impact of arther.

Someone higher up the food chain ...and obviously brighter than me has decided that I may be able to work.

I am fizzing mad

The letter states that if you want to know more about the decision or think it's wrong to phone them.... so of course I did. I explained calmly and politely that I thought the decision was wrong and wanted an explanation. The dwp employee was helpful and said that she would e-mail the medical section and request they contact me.

Amazingly I was called about 5 minutes later; this person said that you have to be in exceptional circumstances, cancer, chemotherapy, or be deemed physically/ mentally unable to work, to be placed in the support group, but that I could appeal the decision. I pointed out that she had missed out an important stage in the process ...that I could ask for 'reconsideration of the decision' before having to go down the route of appealing.
I'm afraid she then gave me misleading information saying that the reconsideration was part of the appeal . When challenged that it was a separate process she agreed but said that it would save me time to go straight to appeal. After digging my heels in and a little more prompting by me about time-scales I was finally advised that if I wrote in and ask for 'reconsideration' attaching any medical information/ any updates that this will be considered and a response regarding upholding or changing their decision sent within 48hrs of my letter being received.

Oh.. and the leaflet they sent me was for appealing Jobseekers not ESA decisions... so I told her that too.... politely, calmly.

Then I came off the phone and screamed (inwardly so as not to frighten the dogs) :x :x :x :x :x that's better.

I am e-mailing both my MP and MSP and making a start on my letter.

Anyone volunteering to write it for me? as I still can't hold a pen; but that doesn't matter to dwp either.

Iris x

carola

Aw Iris!

We shouldn't be surprised at this decision though going by all our experiences.
This is so wrong.
As you know, I am currently battling the same thing and have emailed MPs, MSPs, David Cameron etc.
Malcom Rifkin told me that this comes under the jurisdiction of your local MP. Scottish Health Sec emailed me back saying the same. My local MP telephoned me to say he has written a letter to DWP. Then DWP called me to say they have rec'd letter and will respond by 10th Sept but thought best to call me to advise me to lodge my appeal immediately as by the time they respond to letter the time window would have closed.
If you want me to copy and paste my email I sent to them all just private message me. I know alot of your details will be different but I know that it can be overwhelming when staring at a blank screen!
Harness that anger Iris and use it to fight this. I amright by your side every step of the way my Friend.
Carol

dreamdaisy

Aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaargh! What a bunch of blithering idiots. :x What planet do these morons live on? It certainly isn't ours. Good Grief, Penfold. Yet again I am rendered speechless. DD

dorcas

What is the world coming to when my very own diabolical damsel is stuck for words. :shock:

Iris xx

dreamdaisy

The end, hun, the end. Diabolic.

frogmorton

Toni shakes head from side to side :?

elnafinn

Hi Iris and Carol,

This is a terrible scenario for your both. Now at least you have each other to confer with and get ideas etc. Two heads fighting the same cause is better than one. How dare it happen to you both. :x I am fuming for you both now too.

Hugs
Elna x

salamander

I'm so sorry Iris. It's unbelievable that they have done that. Have you got a local CAB who could help you with the 'reconsideration' or appeal? Take a deep breath and start composing your letter and gathering your evidence. It seems that lots of people win at appeal stage but why make people go through it. It is so stressful and unnecessary.
take care
xx

elainebadknee

Hi Iris

Im really sorry you got that decision. It seems that no matter how decent and honest you are with this blasted system you are not seen as an individual. They are marking us all with the same card, saying we are benefit scroungers, it doesnt matter if you have had surgery, need it or have had lifelong severe disability obstacles.
This is discrimination and not good service, I wonder if we complained such as ethnic groups do that we are being picked on would it make a diference? Probably no cos we are the biggest sponge going...Where else in the world can you come here, seek asylum, get all your family over here, even if theyre not here claim for them, and you are entitled to benefits and healthcare? We are too soft on them and too harsh on the honest folk.
The only thing i can tell you is that the Personal Advisor may be like the one i saw, didnt want to hassle me, basically couldnt care less...But its stress you dont need....
Im so annoyed for you as youre a real gem, youre great, you have been to me and you just need help to get recouperated from your operation....How many times are we going to read this story till someone has enough and is sent over the edge by this abomnible system....
Take a day to recoup then set the appeal in motion....Sorry cant help with letter but think Carola gave me good advice...Ask her?

Sending you a big cup of tea (or stiff drink if preferred) to stomach this idiotic decision...

Love Elainexx

dorcas

Hi Carola, DD. Toni, Elna,Sally and Elaine

First of all...and apology for that long winded rant; should have waited until I was calm..er before posting. :oops:

I wouldn't have been surprised to see the letters TL;DR as a reply.
(means too long; didn't read.... which my son said would happen on some of the forums he's on when a Post is too long )

Thanks for your support and thanks Carol for your help.

I've emailed both my MP and MSP and am phoning my doc for copies of my most recent ortho and rheummy reports.

Elaine... thanks for the big cup of tea. guaranteed to soothe frazzled nerves.

Iris xxxx

Wonkylegs

Iris :shock: rant away ...... you deserve to being treated like that!

so sorry I can't give you any constructive help.

I'm still in the 'shaking head from left to right' group

hugs
Wonky

nikscat33

I can completely sympathise with you on this as we have received the same letter in the post this morning and are completely smacked sideways by it! They have deemed my partner nikki in the limited capabilty for work section and she now has to attend all these work focused interviews etc baring in mind that she barely made it from the bed to the sofa this morning because she is in so much pain. I now have to look into what to do next etc and find it totally astonishing like many of you on here that we are put in such a position. We live in an area where the majority of housing is council and i see everyday people who are not working for one reason or another claiming benefits, buying their flat screen tellies and brand new laptops, drinking themselves silly in the local pub and we are here fighting a genuine cause, it frustrates me that atm we can't even afford to get the things nik needs for every day living to make her life better and these dossers are out there getting it all!!!!!

Sorry rant over :oops:

Cat x

nikscat33

Sorry..... Hello everybody hope you all ok meant to say that before but i'm all riled up lol and couldn't get me words down quick enough lol

Cat x

dreamdaisy

No need to apologise - we listen to rants and understand them. Perhaps we should all become feckless, pointless, aimless and graceless too. (They are the names of the cows in Cold Comfort Farm, but they also work as well for the dole-scrounging layabouts for whom this country provides so well.) DD

lavenderlady

this is all so sad as it adds worry onto already frazzled people, my way of thinking is if like me you need ops and cannot do many things needed in everyday life like hold a pen etc how on earth do they expect you to not only find a job who will allow you time off for appointments ops and recovery time but to find a job who will accept these worrys as well as allow you the time off etc, I have no intention of going back to work( I've got numerous health problems) and know it will not be possible to do many things but I know I am not alone, its ridiculous fight all the way but dont make yourself ill or worse then you are or you can add depression and stress to your list of problems caused by the very people who want you back at work, :x

julie47

Iris I have just read your post and I too am appauled.

I now wait for the postman to deliver my letter after reading that so many of you are getting these appointments.

How can they say you are fit for work if you can't like me hold a pen, walk, and can only type with one bl***dy finger.

Don't they realise that is the frustration, pain and humiliation that we feel when trying to keep up with people who are body perfect. (was gonna say normal) can't think of the right word.


OHH dear I could go on and on

All i can do Iris is wish you GOOD LUCK and send you some chocs

Love juliepfx

dorcas

Thank you so much Wonky, Cat, DD, Lavenderlady and Julie PF, for your words of support and shared expressions of frustration.

Cat I am so sorry that Niki has received the same letter today.....it 's so unfair! I'm convinced that they don't assess anyone as meeting the criteria for the 'support group' unless they have a condition where Special Rules' apply.
All you can do is follow Carola's good example by writing to your MP and David Cameron and appeal the decision. When you do phone ask about the process for having the decision reconsidered first and request a copy of the medical report if you haven't already done so.
... and keep a note of the names of dwp staff and what they have said to you on the pjone.
I'm also going to follow the link at the top of LWA ...sticky
'Disabilty Benefits- we want your view' and tell them what I think of this process!!

Don't feel you have to do this alone.... we all will support you and Niki, so keep in touch.

Iris x
(who is still picking out bits of feathers from between her teeth!)

livinglegend

carola wrote:

Malcom Rifkin told me that this comes under the jurisdiction of your local MP. Scottish Health Sec emailed me back saying the same. My local MP telephoned me to say he has written a letter to DWP.

The DWP 'Vision' is to:
contribute towards fair, safe and fulfilling lives, free from poverty, for children, people in work and retirement, disabled people and carers. Get back onto all of them and tell them in no uncertain terms that they are being, unfair and are not fulfilling lives but going out of their way to destroy them.

Tell them to get their idle, useless noses out of the trough and do what they are supposed to do, represent YOUR best interests, not some superannuated, fat cat, civil servant with a pension pot that exceeds the national debt. Ask them how to make an official complaint about MPs who are work-shy and useless and how to get them deselected and thrown out of parliament. Tell them that their names will be used in every complaint that you can dream up which will look like a blizzard of paperwork. You are tired of pandering to their failures and it is already time for them to go.

Above all, use the word 'unfair' at every opportunity that you can, that is one word that gets through their indifference.

Joseph 8)

nikscat33

Hi all,

Thank you so much for your kind support, i'm not even going to bother ringing them i'm going to get my letter for reconsideration of the decision and the medical letters etc all together and get it sent out straight away so that if it does come back same decision i still have time to appeal before the month is up.... It really is heart breaking Nik is in sooooo much pain if she was fit for work she wouldn't of given up a fulltime job that she enjoyed to live a life in pain on benefits and be in a very dodgy financial state that we are in! what sort of job do they expect her to get when she needs my help 24/7, time off when she can't even make it out of bed cos she hasn't slept all night cos of the pain and all the meds she's on make her dozy and the apps she has to go to..... it really is daft all of it!

Nik says she would love to give the decision makers just one day of the pain that she suffers and see what they think then!

We will fight it and hope for the best.... good luck to you all who are going through exactly the same.

Cat x

nikscat33

Just clarifying something i said on first post lol i got in a pickle as i'm so furious and didnt write the correct thing Nik has been put in the Work related activity group not even in the limited or no capabilty for work related groups......

issssssssss alllllll tooooooo much :x

1 2 3 deeeep breath 1 2 3 deeep breath lol

Cat x

dorcas

Wow Joseph that is so inspiring.... I kid you not!

....you are right all of these people are public servants paid for through our hard earned NI contributions.
I have worked right up until the day that I could literally no longer hold a pen... and gave of my time and effort willingly and with enthusiasm throughout my working life; nor did I take time off without justification.
Now when the chips are well and truly down I realise that being conscientious, hard-working and trusting has no recognition or place within our barren support system. .. no wonder it's no longer called the department of 'social security'!

thanks Joseph. I will not accept what is unacceptable and so blatantly unfair

iris x

ironic

Oh Iris, this is an outrage. Unsackable idiots in their Ivory towers.

Why do'nt they tell you the truth. Please do not bother to sit down for this interview as we will fail you as a matter of course.
I have an luncheon appointment with my union leader to discuss my payrise and annual bonus.



Glad you are going to fight back but really you should not have all this stress. I cannot tell you how sorry I am that this is happening to so many genuine people who just need some support to get though what is such a debilatating illness.

frogmorton

I STILL dont know what to say :shock:

This is too much - we have to do what Joseph says - we HAVE to do something!!!!!!!!!!!!!!!!!!!!!

This cannot go on for Iris, Nikki, sue, and too many more For those getting turned down for DLA too

I cant talk about it I am so very cross.

Sorry but I do care about you all and....

What is it?

1 2 3 breeeaathe

Rainbow77

Hi Iris

I am sorry to read through this thread. I can't really add anything else, instead of fight, fight, fight for what you are entitled to.

Sending you hugs and strength ((((((((((((((((())))))))))))))))))))

Fayann xxx

dorcas

Thanks Ironic, Toni, Ironic and Carola

your support as always is awesome. :!:

Loved the head banging and angry man emoticons Ironic, and Toni's stamping foot 'man'.... they really made me smile.
Fayann, your good wishes, hugs and strength are very much appreciated and Carola, your advice was spot on, thanks.

I had a reply back from my MSP saying that it is a 'Westminster Issue' and that she has forwarded my email to my MP.
.....so Joseph, you were right again.
Needless to say I have written back to my MSP reminding her that although it is (and I do know) it's a Westminster issue that she has a constitutional duty to assist me and that, in my opinion, she is not discharging her duties properly! Oooops! I may just have lost her there with my last comment. :roll:

I'm now waiting for a copy of my medical report to drop through the letter box.... feels a bit like waiting for exam results that you already know you have failed. :!:

To be perfectly honest I don't know that I have the energy to take on the dwp again. :roll:
I had a 6mths battle with jobcentre plus last year/ beginning of this year which was extremely stressful and had a negative effect on arther.

I think I'll just take it one day at a time.

Cat, I hope you and Nik followed Hansy's good advice. Good luck with your appeal too.

Iris x

dreamdaisy

It is so wrong that you have to fight in this way: I have no advice to offer as I have had no experience of this malarkey - yet! - but I think you have to stand your ground. These idiotic systems and people have to be brought to book, and shown to be the utter ******* they are (insert swearie word of choice, I hope I have provided enough stars). It will take time, patience, strength (both menatl and physical) and fortitude, but we know you have all those qualities in spades. We are behind you every step of the way, dorcas. I will send dandelion leaves om a daily basis. DD