ATOS & DWP...ESA

frogmorton

[
Toni.... I've swept arther out of my system like a good little 'pathway pet' and will tell the dwp adviser to ignore my hobbling gait, pain, difficulty sitting, standing up, kneeling, holding/ gripping things in my hand, reaching up, bending down, writing, opening doors etc..... :shock: silly me! I forgot! they've ignored all that already!!!

Iris x


Classic Iris

Shame its not fuuny isnt it :roll:

Love

Toni xx

sharmaine

Hi Iris

I've just read your post and I'm sorry to hear about your assessment.
It must be jolly frustrating. There seem to be a much of idiots at ATOS. Arthritis is a chronic condition and they don't seem to have any clear understanding of the seriousness and impact on an individual's everyday life. I wonder how safe it really is for some of us who are on pretty strong medication to be driving early in the morning? I don't know about you but I'm fairly useless until about 11.00 am every day. Maybe if arthritis was called a disease it would make it easier to claim ESA (technically I think it is).

Grr!!!!

Fingers crossed that things work out for you.

Sharmaine

dorcas wrote:

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

woodbon

I'm sorry but suprised. I was put in the group of people who could work. They lost the letter from my GP and the copies of my medical at Occupational health. I have put in for an appeal, mine had to be sent in writing before 14 days I think, I can't remeber all the details as it was last January. I am on ESA until the appeal. I sent the second lot of forms in recorded delivery.

I hope you can settle down and relax, as you may have a long wait. My reasons were that I'm not in enough pain!!! I got 6 points.
Take care and try and forget it for a bit, I know its hard but its such a long time. Love Sue

speedalong

Hi Iris, the whole thing is ridiculous and like you say takes a huge amount of energy to deal with. Your MP sounds a lovely chap - I hope the meeting goes well tomorrow and he is able to help. The whole tax thing is ludicrous - how can it be untaxable and taxed at the same time...

As for the appointment on 27th September ... words fail me.

Speedy

barbara12

Hi Iris
I have only just seen this , It is unbelievable, I remember you saying you had to give your job up, why on earth do they treat people like this.
Has always I agree with everything that Joseph says.
I am so glad you have your MP coming to see you, good on you,
Sending you loads of good vibes for tomorrow.
Love
Barbara xx

ironic

Hi Iris,

So sorry that you have to go through this. As you say you could well do without all the extra stress.
Hope he keeps his word and takes over things for you. Maybe he will be able to intervene with the appointment on the 27th. Fingers crossed on that one.
You must be exhausted getting everything prepared.

Loads of Hugs,

Ix

lorica

Sorry to hear whats happened it makes me so angry!

dorcas

Thanks Toni, Sharmaine, Sue, Speedy, Barabara, Ironic and Lorica,

I've just spent the last 3hrs reading through and making notes from the Atos medical report and putting letters, clinic & consultant reports and Tax letters into some semblance of order for tomorrow.
I have no idea what my MP will / won't want to look at but it was good anyway for me to get it all organised and into my head.

I'm sure I'm not the first of his constituents to have contacted him for support and advice about ESA etc.. :roll: so it'll be interesting to hear what he has to say.

He's coming at 11:30 ... and I've to lock the loons up as his PA is really scared of dogs! (he's been at my house before and couldn't even come in the gate when he realised I had dogs)

I'll post how we got on later tomorrow.....thanks for support, advice, shared anger and positive vibes!.X

Iris x

lizzie7ne

Hi Iris, I have been off line a while and just read your reply. Yes I was in the same situation as you - being placed in the work related activity group (limited capability for work). I complained to the DWP at the time and more or less got told that few people get into the Support Group. Good luck with the Pathways to work interview, you have to attend 6. - I was lucky in that my local job centre staff completely understood I just was not capable of working (I had to give up a job I loved and which I had held for 18 years when RA struck), I explained that my Rheumatology team were trying a variety of different medications with me, I was also having physiotherapy etc and that counted as an activity to helping me improve my condition.

They did ask if I wanted to attend a Condtion Management programme on a one to one basis with a Condition Management Practitioner who was an Occupational Therapist and I did attend. I had 12 sessions with her, it was useful at first but towards the end
there was a lot of focus on whether or not the sessions were helpiong me improve myself so that I was closer to thinking I could return to work . At that point I said well there is only a limit to what I and my medical team can do, I do have a nasty disease which can only be managed not cured. I also mentioned that I was now feeling quite anxious and depressed because of the focus on me to improve to get to work when my own doctors were saying this was out of the question. She did write a report and let me see a copy which was sent to the DWP and it supported me, sa

God luck and let me know how you get on

lizzie

Wonkylegs

HI IRis,

wanted to say well done on what you have done so far and to wish you luck for tomorrow.

I wonder about people who think that you have the time and energy to be 'evidencing' what you are doing to 'manage' your condition when just managing the B****y condition takes all our energy and time :roll: :x :roll: :x

hope the loons behave, the MP is helpful, and that you survive the ordeal

hugs
Wonky

dorcas

Hi Lizzie
thank you for that very useful advice about your experiences and what the 'adviser interviews' were about. I'll refer to that again before the 27th.. thanks. btw your job history sounds very like mine!

Hi Wonky

thanks for the good luck wishes. what you've said is a good summary of the unrealistic expectations dwp seem to have!

I'll have to lock the loons in the garden shed... they aren't going to like that one bit. :roll: last time I did that they chewed up my welly boots! Ruby blamed Jake (she has a knack of looking innocent and Jake of looking guilty) but it was definitely both of them!

Iris xxx

sharmaine

sharmaine wrote:

Hi Iris

I've just read your post and I'm sorry to hear about your assessment.
It must be jolly frustrating. There seem to be a bunch of idiots at ATOS. Arthritis is a chronic condition and they don't seem to have any clear understanding of the seriousness and impact on an individual's everyday life. I wonder how safe it really is for some of us who are on pretty strong medication to be driving early in the morning? I don't know about you but I'm fairly useless until about 11.00 am every day. Maybe if arthritis was called a disease it would make it easier to claim ESA (technically I think it is).

Grr!!!!

Fingers crossed that things work out for you.

Sharmaine

dorcas wrote:

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

dreamdaisy

It's about 20 minutes before kick-off - good luck dorcas, I'm thinking of you. DD

frogmorton

Morning Iris

Am hoping all is going/has gone well?

Looking forward to hearing feedback.

Love

Toni xx

elainebadknee

Hi Iris

I wanted to say good luck for this morning, sorry its so late, slept in.....I dont know what time your man was coming but I hope he does indeed give you full support in your case........

Youve been so supportive to me and I wish I could return favour as well, but shall try my best .........

Sol the beany frog is sending you big croaks....

And lots of luck from me too....

Elainexx

woodbon

Hi Iris, When I showed the report to my GP she wrote a letter stating that the ATOS medical information was wrong and they should ammend their records accordingly. It was a good letter and I've asked them to put it in my appeal. I always send things recorded delivery now, as they say so often that they lose things. I havn't seen my employment advisor since last winter, as he said that he couldnt' offer me anything! Mad world or what?

I hope you can get some support for your appeal if you need to go that route. I hope you feel calmer today. All the stress is so bad for you. Good luck, love Sue xx

barbara12

Hi Iris
I really hope everything has gone well for you this morning, and that it was a positive meeting
Love and loads of hope
Barbara xx

dorcas

Thank you so much Sharmaine, DD, Toni, Elaine, Barbara and Sue

I appreciate your good wishes and Beany's croaks of support.

....well that was a very helpful visit by my MP and his PA.

we talked all through what had happened with DWP, Atos & ESA and me being placed in the 'Work Capability Group'. We also discussed the reduction in Tax Code by Inland Revenue .

The outcome is that my MP's office are going to submit an application on my behalf to DWP to 'reconsider their decision' based on the inaccuracies and omissions in the ATOS assessment.
DWP then have 48hrs to reconsider their decision from receipt of the application. Should the decision remain the same my MP's office will then deal with any appeal.

My MP is also writing to Inland Revenue with regard to the 'Indirect Taxation' issue.

Basically he said to me that he wants to take the worry and burden away from me of having to deal with all of this. ...and for me to be free to concentrate on my recovery from the TWR and dealing with the impact of arther & the prospect of more surgery.

I feel so relieved... it's wonderful. He took away all the paperwork and will send me an e mail with the draft letters to look at before they send them off.

thanks again everyone for all your support...

Iris xx
a much happier and less stressed bunny

barbara12

Oh Iris...you can relax now, that is brilliant news, I was so worried for you.
You never know how these things will turn out.
This will give others on this forum the confidence to put in appeals, and get there MP involved.
Love
Barbara xx

dreamdaisy

This sounds better - no wonder you are feeling brighter, it is a weight removed. He certainly sounded helpful, dorcas I am very pleased for you. What a relief. DD

ironic

Brilliant....Result!!!
I was hoping he would say that to you.

Well earned rest tonight for a change.

Oh, You can let the loons back in now.

dippydoodah

ive just read through all this and can't believe how much of an ordeal you have been through.

well done on today's achievement, you must be really pleased and less stressed now x

salamander

Excellent news Iris.
xx

frogmorton

Iris

this is wonderful news!!!

I needed to hear something good

well done you for being so determined.



Love

Toni xx

elainebadknee

Iris

Finally sense prevails and something somewhere goes as it should eh? Bout bloody time too mind!!!

Your MP sounded spot on and willing to help you make the morons that are DWP/ATOS get their heads bashed together to just get it right once in a blue moon.......I think the decision will be reconsidered and they will come back with tails between their legs thoroughly ashamed.....I bet the gits take the full 48hrs right up to the last hour to decide, they never do admit when theyve majorly cocked up do they?
Thats how is should be too people who get paid for serving the public taking the stress n worry....Are you sure he's an MP?????He dont sound the norm...LOL!!
So glad you got a good outcome.....
Sol is currently ribbitting his head off as he says he is happy for you too....(Im thinking of hiring him out as a mascot to arfur suffers.....LOl)
Love Elainexx