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Atos Limited capability for work Assessment


Dilizjo
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Hi I had one of these assessments and recieved a report from the DWP saying 0 points.... there was no wording whatsoever in the boxes under Our Assessment just 0 in the points boxes. After going through all the descriptors and giving myself the lowest scores I score over double the 30 points.

Whilst I was having my assessment, which was carried out by a nurse not a Doctor, I was asked questions and she spent the time typing answers into her computor... the questions are obviously the same asked to all people not in any way specific to an individual and really no different from the silly questionaire that I had filled in 2 months before. When certain questions were asked I made sure that I told her of any issues that I was suffering pertaining to that question to make sure she was fully aware. Everything I said has been totally ignored. Examples being:

 

  • Depravation of night time sleep.... I explained that I only manage to sleep for an average of 2 hours at any one time, due to discomfort and then seem to be awake for at least another 4 hours..... this leads to me having to have a rest at times during the day.....
  • Use of hands.... this is one of my main problems due to joint stiffnes and losing grip on things, she observed visually how I had to manipulate picking my glasses up and putting them on, which at times can be a work of art...., she also saw me picking up my bag again I am not able to just grasp the straps..
  • Standing and sitting..... she asked how long I can stand for..... I explained that if I am stood washing up for example I have to lean my weight against the sink to relieve back pain after a few minutes and shift position via my hips...

these are just 3 examples, there are many more but I don't want to bore you. My question is why when all this information was given to her was it not noted down on the actual Assessment report.

 

The letter also stated that the decision had been made solely on the assessment and not on the questionaire that I had filled in, surely the "Decision Makers" should have the knowledge that a report should have all boxes filled in with the relevant information or in the absence of any inforamtion "Not applicable" should be stated.

I have now been without any benefit for over 3 weeks and am going to have to appeal... which is adding to my stress levels and making my conditions much worse.

 

Are these reports actually legal?

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Hello and welcome to the forum.

 

Sadly, yours is a familiar story which has happened to many of us here. The system can seem very illogical from the outside, as we know well. I don't know about legality of Atos reports, but they are certainly the basis of DWP decisions.

 

Yes, you need to appeal. Do you have the GL24 form? It should have come with your decision letter, but you can download one online if you need to. You have one month from the decision, so try to do it soon. We'll help if you need it.

 

I have a 'sticky' at the top of the forum that may give you some pointers. If you use the back arrow to come out of your thread, you will be on the page with all the thread titles. Scroll up and you'll see the title 'Appealing or going to a tribunal?' I think that's right, it changed recently.

 

I hope that helps a bit.

 

HB

Illegitimi non carborundum

 

 

 

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Thankyou for replying so quickly:)

They did not send me a form out have rung them and been told they will send me one out today. I am also talking to clsdirect to confirm my legal position.

Think I may also contact Atos and Jobcentreplus to see if they will employ me seeing they have deemed me fit.

 

Once again Thankyou

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Hi I had one of these assessments and recieved a report from the DWP saying 0 points.... there was no wording whatsoever in the boxes under Our Assessment just 0 in the points boxes. After going through all the descriptors and giving myself the lowest scores I score over double the 30 points.

Whilst I was having my assessment, which was carried out by a nurse not a Doctor, I was asked questions and she spent the time typing answers into her computor... the questions are obviously the same asked to all people not in any way specific to an individual and really no different from the silly questionaire that I had filled in 2 months before. When certain questions were asked I made sure that I told her of any issues that I was suffering pertaining to that question to make sure she was fully aware. Everything I said has been totally ignored. Examples being:

 

  • Depravation of night time sleep.... I explained that I only manage to sleep for an average of 2 hours at any one time, due to discomfort and then seem to be awake for at least another 4 hours..... this leads to me having to have a rest at times during the day.....
  • Use of hands.... this is one of my main problems due to joint stiffnes and losing grip on things, she observed visually how I had to manipulate picking my glasses up and putting them on, which at times can be a work of art...., she also saw me picking up my bag again I am not able to just grasp the straps..
  • Standing and sitting..... she asked how long I can stand for..... I explained that if I am stood washing up for example I have to lean my weight against the sink to relieve back pain after a few minutes and shift position via my hips...

these are just 3 examples, there are many more but I don't want to bore you. My question is why when all this information was given to her was it not noted down on the actual Assessment report.

 

The letter also stated that the decision had been made solely on the assessment and not on the questionaire that I had filled in, surely the "Decision Makers" should have the knowledge that a report should have all boxes filled in with the relevant information or in the absence of any inforamtion "Not applicable" should be stated.

I have now been without any benefit for over 3 weeks and am going to have to appeal... which is adding to my stress levels king my conditions much worse.

 

Are these reports actually legal?

 

Hello Dillijo Unfortunately, they seem to be able to get away with it???..Like HB says, your experience of the ATOSH farce 'medicals' is typical of what lots and lots of us here have experienced with them... 'couldn't blieve how 'one-sided' biased' and the blatant lies, that were on there!!! - Only thing we can do is try to stand together, be strong, and MAKE someone sit up and listen??...I believe 'somewhere' on here there is a survey being carried out asking for peoples 'expeiriences' when dealing with DWP AND ATOS?? ( Perhaps maybe someone could post the link again, please, as I can't seem to find it either)...

 

Remember to get your request to appeal the decision in quickly to the DWP,... think you only have one month from the date the decision was made??

TRY not to stress too much, I know its easier said then done, but just remember, YOU ARE NOT ALONE!!...IT'S HAPPENING TO THOUSANDS OF PEOPLE, You'll be ok if you come on here for help and advice along the way...THE PEEPS here are VERY friendly, hellpful and KNOWLEDGABLE( UNLIKE ME WHO CAN'T SPELL EVEN:() ...so JUST ASK:)

GOOD LUCK keep your chin up

 

best wishes

 

countmein x

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  • 2 years later...

HI ! i have also had a bad experience with atos and the capability for work assesmwnt and the DWP. Here is my story

1. i attended the atos interview on the 12th jan they asked me a lot of irrelevent questions which had nothing to do with my illness (bi polar 2 disorder) I explained that i slept 14 hours a day and that i had cronic fatigue and had been in a depressed state for the last seven years. I was told that my benefit would be stopped if i could not come up with more reasons that i was unfit for work.

2. On the 28th feb i recieved a letter informing me that i was not entitled to support allowance and that my benefit would be stopped on 23 march. in that letter it states that if i want to appeal i could either fill out form GL24 or write a letter.

3.i phoned the next day saying that i wanted to appeal.

4.i got a doctors certificate and sent it to them with a letter explaining that i wanted to appeal.

5 on the 5th april i recieved a letter confirming that they had recieved my letter of appeal and they would look into it

6 i sent in another doctors certificate

7. i waited two months and heared nothing

8.I phoned and explained what had happened and was told that because i had sent in my doctors certificates my money should not have been stopped , my call was transfered and i was told that they had not recieved my GL24.

Thier letter to me clearly states that could either send a letter or fill out a GL24.

9. i was told that if i filled out a GL24 thing would get sorted.

10.the CABi filled out a gl24 for me and sent it off.

11.two weeks have passed and i have still heared nothing, i have been wihout benefits now for 18 weeks and the CAB have taken it up for me I wait and pray

 

Hunkychunky1

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The DWP are really good at 'losing' paperwork especially GL24's and sick notes, send everything recorded signed for, and if necessary keep sending the items to them until they acknowledge receipt over the phone or in writing.

 

They do get the message eventually.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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The DWP are really good at 'losing' paperwork especially GL24's and sick notes, send everything recorded signed for, and if necessary keep sending the items to them until they acknowledge receipt over the phone or in writing.

 

They do get the message eventually.

 

Have to agree with this - DWP managed to lose 2 medical certificates and I had to get replacement ones from GP (who wrote on them 'duplicate to replace form lost by your department') then suddenly, whenever I sent anything by recorded delivery (was only about 88p more than the cost of the stamp) everything arrived!!

 

Funny that!!

 

Feebee_71

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Hi I had one of these assessments and recieved a report from the DWP saying 0 points.... there was no wording whatsoever in the boxes under Our Assessment just 0 in the points boxes. After going through all the descriptors and giving myself the lowest scores I score over double the 30 points.

Whilst I was having my assessment, which was carried out by a nurse not a Doctor, I was asked questions and she spent the time typing answers into her computor... the questions are obviously the same asked to all people not in any way specific to an individual and really no different from the silly questionaire that I had filled in 2 months before. When certain questions were asked I made sure that I told her of any issues that I was suffering pertaining to that question to make sure she was fully aware. Everything I said has been totally ignored. Examples being:

 

  • Depravation of night time sleep.... I explained that I only manage to sleep for an average of 2 hours at any one time, due to discomfort and then seem to be awake for at least another 4 hours..... this leads to me having to have a rest at times during the day.....
  • Use of hands.... this is one of my main problems due to joint stiffnes and losing grip on things, she observed visually how I had to manipulate picking my glasses up and putting them on, which at times can be a work of art...., she also saw me picking up my bag again I am not able to just grasp the straps..
  • Standing and sitting..... she asked how long I can stand for..... I explained that if I am stood washing up for example I have to lean my weight against the sink to relieve back pain after a few minutes and shift position via my hips...

these are just 3 examples, there are many more but I don't want to bore you. My question is why when all this information was given to her was it not noted down on the actual Assessment report.

 

The letter also stated that the decision had been made solely on the assessment and not on the questionaire that I had filled in, surely the "Decision Makers" should have the knowledge that a report should have all boxes filled in with the relevant information or in the absence of any inforamtion "Not applicable" should be stated.

I have now been without any benefit for over 3 weeks and am going to have to appeal... which is adding to my stress levels and making my conditions much worse.

 

Are these reports actually legal?

 

As for the ESA50, mine wasn't received by the DWP until two days after the DWP had issued their decision. So I would assume that no one takes any notice of it.

 

As for the one I am expecting later this year, my intention is not to waste my time and energy filling out the thing.

 

Just intend putting my name, address NI number, and across each page ' Too sick to work' in red ink!

 

Then I will sign it.

 

Then have the assessment recorded.

 

I don't see why I should spend my time filling out a form that no one ever looks at.

 

And I do have to smile, one of my conditons is one that must be referred as to whether it is reasonable to ask me to do a face to face assessment in the first place.

They even ignore that and arrange the assessment before they know anything about me.

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HI ! i have also had a bad experience with atos and the capability for work assesmwnt and the DWP. Here is my story

1. i attended the atos interview on the 12th jan they asked me a lot of irrelevent questions which had nothing to do with my illness (bi polar 2 disorder) I explained that i slept 14 hours a day and that i had cronic fatigue and had been in a depressed state for the last seven years. I was told that my benefit would be stopped if i could not come up with more reasons that i was unfit for work.

2. On the 28th feb i recieved a letter informing me that i was not entitled to support allowance and that my benefit would be stopped on 23 march. in that letter it states that if i want to appeal i could either fill out form GL24 or write a letter.

3.i phoned the next day saying that i wanted to appeal.

4.i got a doctors certificate and sent it to them with a letter explaining that i wanted to appeal.

5 on the 5th april i recieved a letter confirming that they had recieved my letter of appeal and they would look into it

6 i sent in another doctors certificate

7. i waited two months and heared nothing

8.I phoned and explained what had happened and was told that because i had sent in my doctors certificates my money should not have been stopped , my call was transfered and i was told that they had not recieved my GL24.

Thier letter to me clearly states that could either send a letter or fill out a GL24.

9. i was told that if i filled out a GL24 thing would get sorted.

10.the CABi filled out a gl24 for me and sent it off.

11.two weeks have passed and i have still heared nothing, i have been wihout benefits now for 18 weeks and the CAB have taken it up for me I wait and pray

 

Hunkychunky1

 

I'll beat that!!

 

Made a claim in Oct 09. Had an assessment in Jan 10. Failed money stopped. Signed on for JSA then kicked off as too ill to work. Told to claim ESA. Sent in new ESA claim + updated sicknote. Claim refused as JSA still live. Eventually solved live JSA claim. Refused new ESA claim as within 6 months of being found fit for work. Some bright spark at the BDC then told me to appeal. Appeal accepted.

Still no money since early Jan - it's now May. Rang BDC told to appeal err I have done! No not that one the first decision. Appeal lodged heard nothing Letter asking for reasons of late appeal.

 

This went back and forth, back and forth. Until end of May 2010.

 

Eventually somebody with half a brain at the BDC put one and one together and saw the light!!

 

Ist appeal treated as appeal against 1st decision instead of second decision (are you still with me?)

 

Eventually on the 10th June 2010 I received a giro covering the period from 12th January 2010 to date.

 

No apology, no explanation just a curt letter saying this is your money......

 

I do sometimes wonder what land these people live on. I don't suppose anyone thought to themselves 'how is this chap managing to live with no money'. I don't suppose they bloody care!

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