are any of you winning your appeals ??

wynnie
wynnie Member Posts: 117
edited 24. Mar 2013, 07:08 in Living with Arthritis archive
hi there ,ive been reading with interest and dread all your stories about atos,ive not noticed however if any of you have won your appeals ??,i have filled in the forms then was asked to go to my gp to fill out forms with very similar questions i already filled in ,my gp actually burst out laughing at some of the stupid questions ,ive also included with my first form to them a letter from my rheumatologist saying im on methotrexate but my condition is bad enough to go on biological drugs ,ect ,ive not heard anything yet ,watch this will probably get a letter tomorrow asking me to go to a medical somewhere ,what is the score you need to have to keep benefits ect there are no information leaflets on this so dont know what folk are meaning about their scores ,im also reading that the appeals system is stopping in april surely this cant be right this is against your human rights ,maybe thats why they are stringing out my letter !!!! very suspicious and im not phoning ,i think its a total scandal that folk with bad arthritis that find it bad enough to live a decent life are put through this horror ,and what makes me mad is i know a lot of folk here who are at the total scam and pass with flying colours ,any feedback from you all will be welcome thanks

Comments

  • toady
    toady Member Posts: 2,424
    edited 30. Nov -1, 00:00
    Hi wynnie, here is a nice simple link I found that explains the points system quite well. http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html

    That's for ESA, I assume that's what you're claiming.
    You need 15 points to qualify for ESA & to just get into the WRAG (Work Related Activity Group). The 'descriptors' refer to the activity they're assessing you on, eg walking, standing, sitting etc. Most descriptors have a possible 15, 9, 6 or 0 points, and any combination of those can add up to your 15.

    However Support Group, if that's what you are hopefully expecting to get into, is a little different because you need to get the top score of 15 points in at least one descriptor to 'pass'.

    Apart from the forms you've had to fill in, how far have you got with the whole thing? I wasn't quite sure if you are already at the appeal stage or if you are looking ahead.

    Out of interest, do you know what the form was called that you had to take to your GP?
  • wynnie
    wynnie Member Posts: 117
    edited 30. Nov -1, 00:00
    toady wrote:
    Hi wynnie, here is a nice simple link I found that explains the points system quite well. http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html

    That's for ESA, I assume that's what you're claiming.
    You need 15 points to qualify for ESA & to just get into the WRAG (Work Related Activity Group). The 'descriptors' refer to the activity they're assessing you on, eg walking, standing, sitting etc. Most descriptors have a possible 15, 9, 6 or 0 points, and any combination of those can add up to your 15.

    However Support Group, if that's what you are hopefully expecting to get into, is a little different because you need to get the top score of 15 points in at least one descriptor to 'pass'.

    Apart from the forms you've had to fill in, how far have you got with the whole thing? I wasn't quite sure if you are already at the appeal stage or if you are looking ahead.

    Out of interest, do you know what the form was called that you had to take to your GP?
    hi there thanks for your reply ,ive been on disability for a few years now and this is the part where they are changing it to the new system ,i filled in the forms they sent me ,and then they sent a form to my gp ,not me ,ive not heard anything for over a month and im now thinking are they spinning this out till april ????,i cant work due to my arthritis and other medical problems so im afraid they will put me on the work programme and there will be no appeal facility ,i cant believe that if they made a wrong decision that there is no appeal method in place ,any info appreciated thanks
  • trepolpen
    trepolpen Member Posts: 504
    edited 30. Nov -1, 00:00
    hi wynnie

    some of us have been put on the ESA support group without the need for a medical , its about same as DLA for the walking which affects us with arthritis , you need to get 15 points in one group to qualify for the support group & 15 points overall for the Work activity group

    mine they took about 6 weeks to give answers , never had to give my GP or consultant anything & dont know if they contacted them but never seen anything , gl with the forms & appeal if you need to , ask CAB to help
  • wynnie
    wynnie Member Posts: 117
    edited 30. Nov -1, 00:00
    trepolpen wrote:
    hi wynnie

    some of us have been put on the ESA support group without the need for a medical , its about same as DLA for the walking which affects us with arthritis , you need to get 15 points in one group to qualify for the support group & 15 points overall for the Work activity group

    mine they took about 6 weeks to give answers , never had to give my GP or consultant anything & dont know if they contacted them but never seen anything , gl with the forms & appeal if you need to , ask CAB to help
    thanks for your reply ,excuse my ignorance yet again !!! is the support group where you are not expected to work ???,this whole think is shocking it should be simple ,anyone who is in regular attendance with any medical problems to a hospital ,nurse or other care services should not be subject to this barbaric system , and as for dla are all the blue badges and mobility cars going to be swiped off people who can manage to walk more than twenty yards ,i just cant beleive that nobody hasnt taken this to the courts of human rights ,my son has severe epilepsy ,he is 32 and cannot go to any doctors ,dentist or optitions unless im with him ,he cannot speak to or communicate with any outsider ,i am his appointee with all his business even his benefits ,and thay came to his house to interview him to make sure he was eligable to require an appointee ,yet they sent him a thing saying he had been put on the group to go to back to work and he had to go to meetings to learn how to get back into work ,enclosed with his forms were neurological evidence and a letter from his gp saying that he was unable to communicate due to the effects on his memeory and confidence ect with the amount of fits and medication he has ,needless to say there is an appeal in ,but it makes me so angry when there are locals here laughing about how they fooled them and have got away with not having to work ,its a sore subject this one ,and i think arthritis sufferers should be left alone ,its painfull enough without them adding to it :(
  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Hi
    dreaded Atos a bane in all our lives
    Im still waiting to see if win my appeal they are still paying me
    my stories different I've just been given tier 1 ill health retirement by Atos! But told by Atos for DWP say im fit!!
    It's like the left doesnt know what the right is doing
    total incompetence on both sides
    Maria
  • frogmorton
    frogmorton Member Posts: 29,893
    edited 30. Nov -1, 00:00
    Hi Wynnie

    Yes they are winning appeals here - you can put ATOS or ESA into the serach (top right corner of teh page) and you will see some.

    Have you thought about contacting your MP about your son?? (might seem like a waste of time, but we do need to get them hearing us)

    I know of someone with a learning disability who was expected to go to work because she could take a pen out of her pocket - but she can't read or write or understand basic instructions needing support for every day tasks :roll:

    Ah well I think I better shut up now :oops:

    Love

    Toni xx
  • toady
    toady Member Posts: 2,424
    edited 30. Nov -1, 00:00
    Hi again wynnie, yes the Support Group you aren't made to do anything though you can if you want (volunteering or things like that).

    I know which form you mean now for your GP, the DWP are supposed to do that for everyone but I often hear they haven't, they didn't in my case. At least that means they have plenty of supporting medical information about you, and as trepolpen said they take a while to get on with these things so just because you haven't heard back it's not necessarily bad news. A month is not that long in their book. If you do have to attend a medical it doesn't mean you will fail that, so you may never have to go to appeal.

    As far as the appeals procedure goes, you are still able to appeal, the April changes just mean your claim has to have a revision period first while a different Decision Maker looks at everything again, and sends for more information if they need it - then if they don't change the original decision, you appeal after that. There are various things this can affect but hopefully it won't come to it in your case.

    Sorry to hear about your son's treatment by the dwp, just awful :(
  • trepolpen
    trepolpen Member Posts: 504
    edited 30. Nov -1, 00:00
    hi wynnie

    dont know much about epilepsy apart from my brother has it for last 50 years , took about 40 years to get his drugs right , real dont think your son has anything to worry about ESA , there is no way they could not put him into the support group , as for DLA they are changing it over next few years to Personal Independence Payments (PIP) , my brother is the same & needs someone with him when he goes out , as for those of us with arthritis who dont know tomorrow how far we can walk it just seems so unfair
  • barbara12
    barbara12 Member Posts: 21,281
    edited 30. Nov -1, 00:00
    Hello wynnie
    Sorry I cant help..but want to wish you good luck with it....and dont give up many on here have won x
    Love
    Barbara
  • wynnie
    wynnie Member Posts: 117
    edited 30. Nov -1, 00:00
    thanks everyone for advice and support ,i suppose we just all have to stick together and fight each others corners ,i still cant believe in this day and age that they are allowed to get away with barbaric culling of disabled people ,it must be costing a fortune for all the appeals i hate this government with a passion they have done nothing for the people in this country
    i hope i dont get sent for a medical because after reading all the stories i dont think i could be very nice to anyone who peeved me off or lied about what i said and i definately wouldnt be going without any recording equipment and id be asking for them to read back what i said .....
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Wynnie

    It makes my blood boil reading about your son who by the sounds of it is always going to need 24hr care and supervision and the idiots think he can go out to work just like that? Its obvious he is entitled to state help and that should not be questioned....I makes me feel humbled as I've only had a knee replacement and have bursitis of hips so nothing compared to your situation...

    This is why this system ought to be scrapped....

    Good luck

    Elainexx
    wynnie wrote:
    thanks everyone for advice and support ,i suppose we just all have to stick together and fight each others corners ,i still cant believe in this day and age that they are allowed to get away with barbaric culling of disabled people ,it must be costing a fortune for all the appeals i hate this government with a passion they have done nothing for the people in this country
    i hope i dont get sent for a medical because after reading all the stories i dont think i could be very nice to anyone who peeved me off or lied about what i said and i definately wouldnt be going without any recording equipment and id be asking for them to read back what i said .....
  • wynnie
    wynnie Member Posts: 117
    edited 30. Nov -1, 00:00
    thanks elaine ,it makes my blood boil that there are many genuine people with genuine reasons not to work,yet they are being hounded by nobodies who are instructed to get as many of us off benefits ,ive worked all my life till i took this rheumatoid arthritis and i for one wont be taking a job of any kind or putting myself forward to an employer as able to offer them a fair and honest weeks work for i know i couldnt do it ,my son cant communicate with any strangers ,if he wants a chippy ect he phones me to phone them ,he cant even hold a conversation without getting into a panic so how on earth could he possibly have a meetings in support groups ,anyway thanks for your kind words wynnie
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Wynnie

    Well when it comes to someone such as your son I think they are the people (one of many groups) who truly do need the help...I mean my problem was just osteochondritis dissecans in knee and ive had a new knee so how can that compare to someone who can't be heard clear, have conversations and many other issues that are so obviously never going to get better? I take my hat off to you and your family it must be a constant battle only made worse by Cameron and his clowns...The company ATOS, american based and the 2nd worst insurance company in America (Annum) well I truly wish they would go to hell and get educated, re-trained and treat people such as yourself and your son with the respect and dignity they deserve...

    Elainexx
    wynnie wrote:
    thanks elaine ,it makes my blood boil that there are many genuine people with genuine reasons not to work,yet they are being hounded by nobodies who are instructed to get as many of us off benefits ,ive worked all my life till i took this rheumatoid arthritis and i for one wont be taking a job of any kind or putting myself forward to an employer as able to offer them a fair and honest weeks work for i know i couldnt do it ,my son cant communicate with any strangers ,if he wants a chippy ect he phones me to phone them ,he cant even hold a conversation without getting into a panic so how on earth could he possibly have a meetings in support groups ,anyway thanks for your kind words wynnie
  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Hi
    Well I lost my appeal surprise surprise!!!
    Tribunal next!!!!
    Maria
  • wynnie
    wynnie Member Posts: 117
    edited 30. Nov -1, 00:00
    oh maria sorry to hear that ,did they give you a reason why you lost it ,its a bloomin disgrace how we are all treated i would love to make a machine that could somehow transfer or emulate the pain we feel in a flare up and transfer it onto those who think we are fine to work ,bet we would have no problem ,i hope everything goes well for you ive still not heard a thing x
  • toady
    toady Member Posts: 2,424
    edited 30. Nov -1, 00:00
    Wynnie, that machine would solve so many problems its not true, instead of all the explaining to friends, drs, benefits lot etc all you'd have to do is give 'em a 5 minute blast of how you feel & we'd see a very different set of reactions all round. When you invent it put me down for one 8)

    Sorry for your bad news maria & very good luck for the blasted tribunal. Grr.
  • lupin15
    lupin15 Member Posts: 2,182
    edited 30. Nov -1, 00:00
    i am dreading the day i have to apply for this when my condition gets worse. At present i have packed up one job and am focussing on just fostering. It seems so unfair that the people that abuse this system appear to get away with it which affects the people that really need the money. Hubby is quite lucky as he has an army disability pension which although it has been checked it is continuing because he is unable to work even at a desk job.
    I know you always will get people that abuse the system but surely there has to be a fairer way to sort???
  • wynnie
    wynnie Member Posts: 117
    edited 30. Nov -1, 00:00
    hi lupin ,it makes your blood boil all round and not just our illnesses im sure there are others just as bad ,i think there should be some sort of guideline ,there must be medical eveidence from xrays ,or such like that we all have these conditions they are not fireing biological drugs into our bodies for nothing ,many of us have very active arthritis ,are they blind ???,i feel if they have this info there should be no question about it ,its all those with the sore back syndrome where there is no physical evidence that should be targetted ,all those with the drug problems who seem to live better than me should be sent to rehab programmes and if they dont clean up then no money instead of giving them more money like they give to alcoholics ,all we want is to have enough to have a roof over our head and food ,our chemists are full of methodone appointments while they get taken straight away we have to wait twenty minutes for our prescription ,in my village its normal to be robbed by junkies who get a wee slap on the wrist for their crimes ,never get put in jail ,but then the government has all these do gooders there for them all ,let one of us try and get any extra things we need ,long waiting times ,thats if your lucky enough to qualify for any help ect oh i could rant for scotland on this one ,life is so unfair none of us asked for these illnesses and like myself many of us worked for years and would love to have a job again and enjoy money we earned each week and have the commeradere of the work place ,but its not to be for most of us and not through choice ,so yes i get angry when i hear that we are deamed to be fit and able and just because of some stupid bad designed questions on a form ,,rant really over this time :x x
  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Hi
    What really got me was the fact they acknowledged that I could not do my job ( I was a staff nurse on a very busy ward had worked there 30yrs last 10 in absolute agony) didn't matter as its not to assess if you are fit to do your job! Thought it was! Why else would you have employment in the title!
    But said I could work with pain and discomfort!! Why have I been off work a year then, also why is my contract terminated because I could not work due to pain and discomfort! Why if I could work would I want £71 aweek when I earned between £700 and £800 a month! IDIOTS!!!
    They also contradicted themselves one said I was not entitled ESA from September 2012 then last page another said I wasn't entitled to it after January 2013! Also to put yet another spanner in the works the Atos nurse had written in December that I would be fit for work in three months which takes us to April 2013!
    Are you all as confused as I am?
    I feel for anyone who desperately need that money to live on
    I'm lucky as I have been accepted for ill health retirement so hopefully that will start soon
    Atos accepted me for ill health two days before Atos said I'd failed for ESA
    Another strange thing ESA are still paying me!!!!
    They couldn't organise a p***** in a brewery
    Hey shall I apply to work for DWP I couldn't do any worse than they do!!!
    So tribunal here I come my husband said just forget abt it pay the money back and s** em but I said no its the principal and so many out there are unable to make a stand!
    Sorry for rant
    Hope everyone is ok in this snowy weather
    Maria
  • wynnie
    wynnie Member Posts: 117
    edited 30. Nov -1, 00:00
    maria09 wrote:
    Hi
    What really got me was the fact they acknowledged that I could not do my job ( I was a staff nurse on a very busy ward had worked there 30yrs last 10 in absolute agony) didn't matter as its not to assess if you are fit to do your job! Thought it was! Why else would you have employment in the title!
    But said I could work with pain and discomfort!! Why have I been off work a year then, also why is my contract terminated because I could not work due to pain and discomfort! Why if I could work would I want £71 aweek when I earned between £700 and £800 a month! IDIOTS!!!
    They also contradicted themselves one said I was not entitled ESA from September 2012 then last page another said I wasn't entitled to it after January 2013! Also to put yet another spanner in the works the Atos nurse had written in December that I would be fit for work in three months which takes us to April 2013!
    Are you all as confused as I am?
    I feel for anyone who desperately need that money to live on
    I'm lucky as I have been accepted for ill health retirement so hopefully that will start soon
    Atos accepted me for ill health two days before Atos said I'd failed for ESA
    Another strange thing ESA are still paying me!!!!
    They couldn't organise a p***** in a brewery
    Hey shall I apply to work for DWP I couldn't do any worse than they do!!!
    So tribunal here I come my husband said just forget abt it pay the money back and s** em but I said no its the principal and so many out there are unable to make a stand!
    Sorry for rant
    Hope everyone is ok in this snowy weather
    Maria
    its a mess maria ,i hope you are sorted out , if i have my benefits stopped i will loose my house for i cant work ,and this is the bit they dont understand ,do they not think i dont feel guilty ,my husband is weary on his feet because he works 12/14 hours a day ,and id rather be out earning decent money than a poxy allowance from benefits which i worked for all my days till i got this ,i could take the strain off him and have money in my pocket instead of being skint trying to make ends meet all the time ,its a long story but we made a few bad business choices a few years back and we are still paying the price for this so trust me if i could work i would be out there ,i will fight till the death to keep what i have because like everyone on here we arent at the ham x
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -1, 00:00
    Maria

    I also got the bit about being fit for work in 3 months time, think its a now standard line that they can either keep in or edit? Mine also takes me to the end of April 2013...So how can 2 people with different medical conditions both be fit for work within the same time limit when one has had major surgery (me) and you have been off work for a year due to ill health?
    Oh if i could slap the so called HCP's i would!

    Elainexx
    maria09 wrote:
    Hi
    What really got me was the fact they acknowledged that I could not do my job ( I was a staff nurse on a very busy ward had worked there 30yrs last 10 in absolute agony) didn't matter as its not to assess if you are fit to do your job! Thought it was! Why else would you have employment in the title!
    But said I could work with pain and discomfort!! Why have I been off work a year then, also why is my contract terminated because I could not work due to pain and discomfort! Why if I could work would I want £71 aweek when I earned between £700 and £800 a month! IDIOTS!!!
    They also contradicted themselves one said I was not entitled ESA from September 2012 then last page another said I wasn't entitled to it after January 2013! Also to put yet another spanner in the works the Atos nurse had written in December that I would be fit for work in three months which takes us to April 2013!
    Are you all as confused as I am?
    I feel for anyone who desperately need that money to live on
    I'm lucky as I have been accepted for ill health retirement so hopefully that will start soon
    Atos accepted me for ill health two days before Atos said I'd failed for ESA
    Another strange thing ESA are still paying me!!!!
    They couldn't organise a p***** in a brewery
    Hey shall I apply to work for DWP I couldn't do any worse than they do!!!
    So tribunal here I come my husband said just forget abt it pay the money back and s** em but I said no its the principal and so many out there are unable to make a stand!
    Sorry for rant
    Hope everyone is ok in this snowy weather
    Maria
  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Hi

    What do they think I've been off sick with a cold!!!
    10 months off sick must mean something! Why give up a prefer fly good career I have had for 30yrs just to claim ESA which I am perfectly entitled to through my national insurance contribution!!!
    Hubby thinks I should just say s*d it give the money back and wait for my Ill health retirement pension! I said no way I'm fighting this as there are many people out there not strong enough or able to fight!!
    They are just bullies picking on the wrong people Get the benefit cheats first not us!
    What really disgusted me was the fact they are saying people with I curable cancer are fit for work!!! With those same people dying before they get to a tribunal!! It makes me so angry the B******s!!
    I can't give up plus DWP will think I'm in it for the money and it sure isn't
    Ring them in the morning wanting to talk to a woman called Rita who seems to be the idiot who keeps sending me conflicting information
    Wish me luck
    Maria
  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Hey if we are all fit for work why don't we apply to work for the DWP?
    :lol::lol::lol::lol: