atos found him fit for work

[antonia26]

Hi my husband recently had an appointment with atos for esa is first apponitment we waited an hour for them to tell us they could'nt see him as he needed to see their doctor. So now this letter says he scored no points and being signed off . My husband has a varicose vein from is groin to is ankle its the one that that is like a rope down your leg that sticks out he also suffers with his back as is disc pops out easy and depression and blackouts. He takes the strongest tramodols you can have and co codamols and naproxens all strongest dose is docotor as even talked about being on morphine next as pain with back and leg gets really bad on times.the atos doctor as said in the letter he is taking standard medication only and is vein is moderate which is a laugh has is consulant said its really bad and is having it done as an urgent case. So has he can walk and use is arms and leg even though in pain he.s fit for work it seems cause he.s not totally lost the plot and gained weight and no muscle loss he is fine cause it mentions is no muscles loss in the letter is it even worth appealing this and how do we go about it he can.t sign on for job seekers when waiting for an op and is painkillers knock him out at times aswell they make you sleepy.

[mr_mastiff]

Antonia26, did your husband actually see a Doctor? Or was was he sent away without seeing anyone and then you received a letter saying you scored 0 points?

[antonia26]

He saw their doctor who for being a doctor wouldn.t examine him or touch him . What i got mad was she termed is vein as moderate and is consultant said it is really bad and is he needed it done urgently only to find out yesterday that he's now got to go through the whole process again has is consultant as left and someone else is taking over and today this news. How can he go on job seekers if he's going to have an operation and what kind of doctor who wasn't british mind as had trouble understanding her calls is medication standard .

[mr_mastiff]

Hi Antonia26, you would first need to ask for a reconsideration of the decision and or appeal. the document below helped me.

 

http://www.pcs.org.uk/en/equality/guidance-and-resources/disability_equality_toolkit/work-capability-assessments--.cfm

[mr_mastiff]

He saw their doctor who for being a doctor wouldn.t examine him or touch him . What i got mad was she termed is vein as moderate and is consultant said it is really bad and is he needed it done urgently only to find out yesterday that he's now got to go through the whole process again has is consultant as left and someone else is taking over and today this news. How can he go on job seekers if he's going to have an operation and what kind of doctor who wasn't british mind as had trouble understanding her calls is medication standard .

 

Antonia with your husband write down as much as you can remember about the interview.

 

What details you gave the doctor, what questions the doctor asked. If the doctor did not examine him then they would have not been able to make the comments about muscle loss and his condition etc. A large number of ATOS assessments have been found not fit for purpose and I think you should make a complaint concerning the examination.

 

I am not to sure about how you go about this but I am sure one of the more experienced members of the forum will be able to help you.

[antonia26]

Ok thanks thats a great help.

[mr_mastiff]

Ok thanks thats a great help.

 

I was just reading another post and this may also help you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information%282-Viewing%29-nbsp

[antonia26]

Many thanks that was a great help will use that tomorrow to write our appeal letter. What i find hard to believe is that there is a link on there about the assesment they do and points u get .my husband finds it painful to walk anywhere and they said they think he can walk atleast 200 meters but had no points but on the link its 6 points . he should of played them and made everything sound worse than it is but we're honest and told them straight all problems how it affects him but seems she did'nt take any notice of this. If he was fit for work believe me he would he'd like nothing more than that but like me he knows he's not fit to work . If they so hkm a wk ago they wouldn.t believe it he was in so much pain he kept threatening to take a overdose he was so drugged up he slept most of the time for days.thanks again

[**Margaret**]

:antonia26:

 

Your husband's experience at Atos is par for the course. Including the wait for them to realise they didn't have a doctor available to assess his blackouts.

 

You can appeal via letter or a GL24 form. I tend to complete parts 1 - 7 of the form, then do part 8 as a statement on a separate sheet of paper or a word doc. From the ESA214 booklet, identify the descriptors you feel your husband should have scored points for and then write a paragraph about each one. Along the lines of;

 

Cos of spinal problems (and an enlarged vein?) I can't repeatedly mobilise 100 metres without significant pain. My wife has to drive me to hospital appointments cos I can't get to the nearest bus stop.

 

On average I have n blackouts a week. With a description of any injuries your husband's sustained cos of them.

 

And so on for every applicable descriptor. It isn't clear whether you've got a copy of the ESA85 report from Atos, but if not, it's available on request from your benefit centre. Send any medical evidence you've already got with the appeal, but don't miss the one month deadline. Further evidence can be sent later.

 

Subject to the three hundred and sixty five days limit for a contributions flavour award, your husband can request that he be paid assessment rate employment n support pending the outcome of his appeal, if his doctor's happy to write Med 3 (unfit) notes.

 

To be awarded 6 points for mobilising a claimant has to be unable to walk or wheel 200 metres.

 

Complaints to Atos are hard work, took me ten months of letter tennis to get one partially upheld. The bit we couldn't prove was what had happened during an assessment, cos without an audio record it's their word against the claimant's. Should you want to complain;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?357849-Atos-Complaints-Procedure-A-Guide

 

Sincerely, Margaret.

Edited October 11, 2013 by **Margaret**

[mr_mastiff]

Many thanks that was a great help will use that tomorrow to write our appeal letter. What i find hard to believe is that there is a link on there about the assesment they do and points u get .my husband finds it painful to walk anywhere and they said they think he can walk atleast 200 meters but had no points but on the link its 6 points . he should of played them and made everything sound worse than it is but we're honest and told them straight all problems how it affects him but seems she did'nt take any notice of this. If he was fit for work believe me he would he'd like nothing more than that but like me he knows he's not fit to work . If they so hkm a wk ago they wouldn.t believe it he was in so much pain he kept threatening to take a overdose he was so drugged up he slept most of the time for days.thanks again

 

 

Antonia, you say your husband as black outs, as he been given a diagnosis for this or is he under going tests. Depending on the circumstance of the "blackouts" he may have lost out on points on this problem.

[antonia26]

He.s had every test done twice prob over 5 years ago now they couldn.t confirm if it was epilepsy or not but said stress prob is a factor in them also found a small brain abnormalty which they didn.t know if it was caused by them or not but didn.t think it was causeing them .they discharged him and just said perhaps they will clear up on their own . He don.t get many now cause he don.t do anything much as that is what they told him to do relax and cut all stress from your life not easy with kids.so when he gets stressed he does have them and one side does slightly shake aswell he also stays out cold when he.s had them until someone gets him to come round.he only had about 5 last year never went to doctors afterwards as nothing they can do the injurys over the years are bad bruised ribs he.s lost lots of teeth and had to have a few braces over the years the dentist has had to do many repairs aswell.

[mr_mastiff]

Hi Antonia In your appeal letter You should state that your husband as been investigated for loss of consciousness (suspected epilepsy) and no definitive diagnosis as been given. Also state how long each episode lasts and there frequency. Give examples of the injuries that have happened during these events.

 

As the doctor ever told him not to drive or climb ladders etc due to this undiagnosed condition. If not you should ask your GP for advice on the matter because you could feel he would be a danger to himself our others if he tried to perform these tasks.

 

When you go out with him to the hospital etc. Why do you go with him . Is it because he finds it difficult to motivate himself due to his depression and the effects of his medications for pain? Would he be able to communicate his problems without you being there? would he even turn up for appointments without your help. On your appeal letter state your reason for going with him and what would happen if you were not there.

 

When he as a problem with the disc in his back how long do these episodes last, Does he need help washing, getting out of bed or dressing etc you need to state what problems occur would he be in danger of collapsing or falls due to spasms in his back and legs. Does he have an walking stick to help him walk.

[antonia26]

Thanks glad you pointed all them points out to me i go everywhere with him and yes i make him go to the doctors and hospital without me he wouldn.t bother i keep an eye on is medication cause he forgets he.s taken them and also will take double dose if in so much pain also he combinea them which u ain.t suppose to do.if i didn.t go with him i.d never know what had gone on cause he don.t seem to take it all in when i was answering the questions for him at the interview she didn.t like it but i knew the answers see my husband would look at me to reply cause he wouldn.t know . He.s lived with these problems so long now its part of your everyday life so don.t take notice of things anymore. And yes our doctor told us always to have someone with you and not to use powertools etc no bathing on his own but our doctor has retired and have new young ones and they are not happy giving sick notes for appeals etc and all for working what ever is wrong with you.

[mr_mastiff]

Antonia all you need from the GP is for him/her to advise against driving. Include the advice given to him about power tools, baths etc. Because his condition as not changed this information is still relevant because if he did not follow it then he would be a danger to himself.

 

Make sure you include the information about forgetting to take his medication or taking to much. This if you did not supervise him could and would cause him to be a danger to himself.

 

Also it is important that that you state you need to speak on his behalf. IT may be helpful to you if your husband was to send a letter to the DWP stating that you have authority to act on his behalf due to his present mental health problems.

Edited October 11, 2013 by mr_mastiff

[antonia26]

Thanks you've been a great help am really greatfull was so worried about it and my husband wanted to refuse to appeal and is op and get a job that would endanger himself .

[mr_mastiff]

Thanks you've been a great help am really greatfull was so worried about it and my husband wanted to refuse to appeal and is op and get a job that would endanger himself .

 

If you get a problem wording your appeal get back to us there are many people on the forum who will help. Goodluck MM

 

Edited:- Antonia as your Husband thought of applying for PIP you may meet the criteria.

Edited October 11, 2013 by mr_mastiff

[Nystagmite]

Your husband might be able to argue the regulation about how finding hi for work could cause physical or mental problems for others. (I can't remember the wording) On the basis that blackouts could cause (as mentioned above) physical injuries.

[antonia26]

We applied for dla for months ago and should of got help filling it out got turned down and lost the appeals we did forget to turn up as we had so many appointments at the time .we had the atos the day before which they kept us waiting for an hour then sent us home which made us late taking the kids to see their new school that was built and the next day was first day back to school and also dla tribunal and all the fuss getting the kids to school we forgot it ,until it was to late to get to it . we had like 20 mins to arrive and wasn't possible so phoned to make another time and they said no and then got turned down.the problems they have is my husband don.t go to the doctors enough and no don't see anyone about is blackouts any more but we have no need to as they've told him there is nothing they can do ,you can't win.is'nt pip harder to get than dla the cretira is harder where before u had a slight disability it no longer seems to help u now and says ur are fit enough for work. I.m the one who has to live with my husband not them and i know him i know when he's in pain and is moods even the kids do but he won.t show other people he won't tell the doctor or family or friends when he meets them he starts being all happy and making jokes but its is way of coping. It seems unless he's falling apart they think he's fine.they put the stress deprestion down to the kids we got he don.t see to the kids i do its me who does everything so he don.t get worked up and cause he told atos he attempts to do some hoovering and some dishes etc he can work he's a landscape gatdner would u put a chainsaw in is hands . My husband fell of a shed roof first ever black out and woke up with a circler saw dangling above him.

[mr_mastiff]

Antonia how many months ago exactly did you apply for DLA.

[antonia26]

Applied march and and tribunal was on the 3/4 september received letter next day saying we lost.

[mr_mastiff]

Applied march and and tribunal was on the 3/4 september received letter next day saying we lost.

 

O.K that was for DLA. Let s worry about your appeal. I have been looking at your post 18 and I have had some ideas on how that may help you. I am just looking again at the descriptors and I will get back to you.

[mr_mastiff]

Antonia, Sorry its took so long to get back to you but I been waiting for a friend to get back to me.

 

When you fill in the form for the appeal. State that your husband lacks motivation etc as discussed in a previous post. State that your husband can often paint a very subjective picture of his true condition. He cannot accept the true limitations of his condition and that you need to go with him so that objective and realistic information can be given. I would include the details about him falling off the shed when he had a blackout. If he cannot accept that his condition restricts what he can do it could make him a danger to himself or others if he were to be placed into a work environment.

[antonia26]

Ok thanks thats a great help when someone else paints the picture so to speak you realise what you should of put in your information. I think its cause he looks normal and they go by face value aswell.got an appointment with doctor next tuesday earliest we can be seen and see what he says then write this letter out.will drop u a line if stuck on anything.thanks again

[honeybee13]

Hello Antonia.

 

Unfortunately, you can't rely on Atos/DWP noticing symptoms, you have to spell everything out to them including the effects of the condition on his everyday life. Especially if your OH is in denial about it.

 

My best, HB

[antonia26]

Yeah you are right but its really unprofessional of a doctor saying your fit for work when being a doctor they should know what can happen when u have a blackout and the affects it as on you for days after and coming to think about it she never really questioned is blackouts just confirmed how many he had in the last year and never asked the affects it had on you after she did ask if he fitted nd i told her what i.ve seen that he kind of does on one side and that was it.also the slipped disc and is varcose vein she can.t of been a doctor if she called is vein moderate is surgeon thought it was bad and he needed it sorted urgently. My husband pulled is jeans down to show is leg she wanted him to pull them up to show them inpossible they come from is groin.she went all flustered and wouldn.t even touch him she just went or yes you can pull them up now and just done simple tests on the strength of is arms and legs like push against my hand lift your leg up lift your arms . So am i right in thinking if these people made someone who is unfit for work fit for work and job centre got them into work and they had an accident etc depends on whats wrong with them could they be held reponsable for their actions cause as i see it they should be its only a matter of time before it happens in it.