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By ATOS? His grand plan was to use a peak flow meter and take the best reading out of three. Unfortunately, he had to accept just the one effort. After giving it my best shot, I collapsed in a heap [literally!] and it took 15 minutes or so before I could get my breathing normalised. At the time it didn't bother me that he was totally unconcerned at my distress, but looking back, I could have been in real difficulties and I wonder if he would have taken any action at all.

The result was 240 (EU scale). He never explained in his notes to the decision maker what that implied. That it equates to an 85 year old.

He listened to my chest (I could hear my wheezing without a stethoscope) and proudly declared I should be fully fit for work within a few months. Surprisingly, the miracle cure he felt certain was on its way hass yet to arrive...

About a month later I was due another checkup and spirometry [i hate those things] with my GP. This confirmed I hadn't deteriorated too much since the last one and FEV1 was at 49.

What did I fail on? Everything apparently, I scored 0 points.

Rae.

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By ATOS? His grand plan was to use a peak flow meter and take the best reading out of three. Unfortunately, he had to accept just the one effort. After giving it my best shot, I collapsed in a heap [literally!] and it took 15 minutes or so before I could get my breathing normalised. At the time it didn't bother me that he was totally unconcerned at my distress, but looking back, I could have been in real difficulties and I wonder if he would have taken any action at all.

The result was 240 (EU scale). He never explained in his notes to the decision maker what that implied. That it equates to an 85 year old.

He listened to my chest (I could hear my wheezing without a stethoscope) and proudly declared I should be fully fit for work within a few months. Surprisingly, the miracle cure he felt certain was on its way hass yet to arrive...

About a month later I was due another checkup and spirometry [i hate those things] with my GP. This confirmed I hadn't deteriorated too much since the last one and FEV1 was at 49.

What did I fail on? Everything apparently, I scored 0 points.

Rae.

 

I would have though what you have just described are excellent grounds for a complaint to the GMC.

PLEASE NOTE:

 

I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.

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Hadn't thought of that! Mind you, my ATOS medical was about a year ago now so probably way too late. I'm just going through my paperwork ready to see a Welfare Rights worker ahead of my Tribunal - which, hopefully, will be in Spring sometime...

It is actually quite disturbing thinking back on it.

Rae.

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  • 4 weeks later...

Hi all,

I have a date for my tribunal - 25/03/10.

I'll confess to being a little nervous. I'm hoping to take someone knowledgeable with me but, so far, my search seems in vain. No offence meant to anyone from CAB who passes through these hallowed portals, but my two meetings with them have been far less than inspiring. I'm not even sure they're the welfare rights people they claim to be.

Searching for a knight in shining armour, all I have found are two rusty knaves. Only time will tell if my ragbag little army will be sufficient in the face of the evil hordes that confront us.

If, on my travels, I do locate a shining sword or a trusty shield I'll let you know...

Best wishes

Rae.

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Hi all,

Whilst I'll be phoning the DWP on monday, I was just curious to see if anyone else was in the same postion...

Had a letter today from JCP:

 

We have looked at your claim again following a recent change. [No idea what that might be].

From 31 July2009 your ESA will be £64.30 a week. [The standard assessment rate I presume].

From 5 March 2010 your ESA will be £61.05 a week.

This is because of: a change in deductions from your ESA. [What? What deductions could this be?]

From 16 April 2010 your ESA will be £62.20

 

Whilst the sums are small, every penny I get is desperately needed. For some reason I have about 5 weeks or so at £3.25 a week worse off. Thereafter £1.20 a week worse off.

 

Any thoughts?

Many thanks.

Rae.

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Hi honeybee,

I think I'll be fine for a couple of weeks but know I'm going to get increasingly nervous in the run up to the day.

I know I have irrefutable medical evidence that I have severe emphysema at the stage three level.

I'd really appreciate locating a welfare rights worker with solid benefit law knowledge. Just to go with me for my own peace of mind. :(

Best wishes.

Rae. x

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It sounds to me like a deduction for something, £3.25 a week. It could be a utility or something like that.

 

This happened to me (though at the time the max deduction was £3 a week). It turned out it was for Council Tax. We didn't claim for the first 12 months I was ill so we owed them money. Despite having an agreement to pay £5 a week, which we did every week without fail, they went ahead and imposed a deduction on our Income support. In our case it was quite funny in the end because the deduction was £2 a week less than we were already paying:D. the cheeky buggars then asked us to pay the £5 as well, I said *$%!@%*£!.

 

It might of course be something completely different but £3.25 does sound like a deduction amount. Sometimes it says on the letter what it is for, have you double checked? In our case it didn't and we got our notification 10 days after they imposed it. So much for prior notice!

 

Look forward to hearing what they say on Monday and hope I am wrong Rae.

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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I have just looked up the ESA rates from 6/4 and it is £65.45, so the £3.25 a week is still being deducted after the benefit increase.

 

Hope that helps

Simon

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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Thanks Simon, if it is for a bill of some sort than certainly won't object as it'd be something less to worry about! The letter just says 'change in deductions' but I've never had anything deducted before.

Be interesting to see what it's all about...

Thanks.

Rae.

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No that one is £7.65 a week, they go long haul now, £3.25 is the tea bag and milk fund:D

 

You may find you get another letter on Monday telling you what it is for, how much it is and for how long. They quite often arrive in the wrong order, or sometimes not at all.

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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Kelcou, if you pop down to your local council, they should be able to provide you with contact details for your local Welfare Rights Representation Unit.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Erika, I think I will personally visit the council and enquire. I have phoned them but they didn't have a clue. I desperately want to find these mythical people you speak of...! :)

 

cbbc, my ATOS assessment was February 2009. Nobody - including me as I didn't understand what I was entitled to - realised that I'd been 'forgotten' and left in the assessment phase until about July 2009 and my records archived! They finally said I'd failed early August 2009. I then appealed immediately and finally have a tribunal date. A very long haul for me. 13 months since my 'medical' but only about 7-8 months from original appeal. All in all I've been at the reduced rate since end November 2008 :(

 

Best wishes.

Rae.

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I've been at the reduced rate since end November 2008 :(

 

Best wishes.

Rae.

 

kelcou,

what is the reduced rate of esa.

and good luck on the 25th.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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kelcou,

what is the reduced rate of esa.

and good luck on the 25th.

 

Probably my bad phraseology! I think of it as a reduced rate, which technically it is, but it's actually a continuation of the assessment rate at £64 and a bit...

Best wishes.

Rae.

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Probably my bad phraseology! I think of it as a reduced rate, which technically it is, but it's actually a continuation of the assessment rate at £64 and a bit...

Best wishes.

Rae.

 

Thanks for that kelcou.

Good luck for your appeal.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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Hi,

Simon Says : Council Tax.

And is quite right! It's an old bill that trundled it's way back to the council after a years holiday with the bailiffs. That must have been six months ago and I was beginning to wonder what the councils next move would be. We don't like the tax but it has to be paid so I'm quite content with this resolution.

Thanks for the reassurances.

Best wishes.

Rae.

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Kelcou, if you pop down to your local council, they should be able to provide you with contact details for your local Welfare Rights Representation Unit.

 

Popped into both my District Council and my County Council offices [just to be on the safe side].

Asked for contact details for my local Welfare Rights Representation Unit. Met with blank looks from both.

Tried 'Income Maximisation Service', same response.

Likewise with 'Money Advice'.

They had no advice at all.

Will keep looking in hope over the next 48hrs but rather fear I'm stuck with the rusty knave from CAB.

My confidence in them can't get any lower - they couldn't even find my file when I popped in today.

Think I'll be doing a lot of reading...

 

Rae.

Edited by RaeUK
Clutch at enough straws and soon enough you'll have a whole bale...
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Thankyou mrspinkpaws, I don't recall searching the direct.gov site but will totter that way...

I don't mind doing it myself as I feel I have very strong medical evidence - including the DWP's own which supports my contentions. I'd just rather have someone in support who has a clear understanding of benefits law as I have neither the time nor inclination to learn it!

Best wishes

Rae.

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