atos found him fit for work

[mr_mastiff]

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.

 

Antonia26, There are many issues with the atos assessments and I can understand your anger at the treatment of your husband and yourself but you need to focus at the present time on the appeal. Please do not get angry at your GP. My advice before going to see him would be to write down all your husbands conditions. Make a list of your concerns and ask your GP for his advice on each point. At the present time the cause of your husbands blackouts is not important. The way you describe and record how dangerous they could be is.

 

Please if you are stuck post it up, there are many people who will help you.

[antonia26]

Hi been to doctors today and not so good news we saw a locum and he said we should go in every time he gets blackouts so they can refer him again and have asked me to write down everything about them so they can do this and try and diagnose him but he said epelipsy doesn.t mean you can.t work just means u can.t do certain things or use certain things. My husband is a landscape gardener he uses petrol power tools.and with medication they can control them but mu husband don.t receive medication or know for certain if it is that he.s got. And now he wants him to stop is painkillers cause they make him drowsy so he can look for work.so now he.s going to be in pain cause he.s only giving him paracetomols what a laugh cause most of the time co codamols 30/500 don.t kill the pain. Is there any point appealing now do you think but i do know there is no way i.m letting him work i know better than anyone he can't so i will have to signon instead and i.ve just had a baby 3 months old. Should he try another doctor i know that the doctors have been told not to interfear in the atos things and no letter writing or sicknotes cause they.ve been cutting down on giving people them in my surgery.

Edited October 22, 2013 by antonia26

[mr_mastiff]

Hi been to doctors today and not so good news we saw a locum and he said we should go in every time he gets blackouts so they can refer him again and have asked me to write down everything about them so they can do this and try and diagnose him but he said epelipsy doesn.t mean you can.t work just means u can.t do certain things or use certain things. My husband is a landscape gardener he uses petrol power tools.and with medication they can control them but mu husband don.t receive medication or know for certain if it is that he.s got. And now he wants him to stop is painkillers cause they make him drowsy so he can look for work.so now he.s going to be in pain cause he.s only giving him paracetomols what a laugh cause most of the time co codamols 30/500 don.t kill the pain. Is there any point appealing now do you think but i do know there is no way i.m letting him work i know better than anyone he can't so i will have to signon instead and i.ve just had a baby 3 months old. Should he try another doctor i know that the doctors have been told not to interfear in the atos things and no letter writing or sicknotes cause they.ve been cutting down on giving people them in my surgery.

 

 

Hi antonia, Look at the positive things the doctor said, " he would be unable to do certain things or use certain things (because he would be unsafe) this you can use on the appeal form. At the present time the cause of your husbands backouts are still unknown and you must follow his advice and take your husband to see him after each event. You need to state on your appeal that your husband as an undiagnosed neurological condition.

 

State that he as already had tests but no diagnosis as been made. There are still many neurological problems were a diagnosis cannot be made. You need to ask the doctor what action you need to take in relation to his pain killers should your husband not be able to manage without them.

 

Still appeal nothing has changed much. your husband would still be considered unsafe.

 

Last questions as your husband been referred back for the operation on his leg. Is your husband still being treated for depression because all of the things we talked about concerning motivation etc are still valid and can be put into the appeal.

[antonia26]

My husband is seeing is consultant on monday still having an operation my husband won.t take Antidepression tabs or see a doc to talk to said they where a waste of time. The mental side of him is cause he wants to work but knows he.s not fit enough and that gets him down cause before all this happened he was very active and fit . He.s still fit don.t get me wrong he.s no couch potatoe just he hates it when he can.t lift things or help me or even babysit on is own and being scared of not waking up after having a blackout. Now got a appointment with a doctor tomorrow again instead of a locum is lower pain meds are no good.

[mr_mastiff]

My husband is seeing is consultant on monday still having an operation my husband won.t take Antidepression tabs or see a doc to talk to said they where a waste of time. The mental side of him is cause he wants to work but knows he.s not fit enough and that gets him down cause before all this happened he was very active and fit . He.s still fit don.t get me wrong he.s no couch potatoe just he hates it when he can.t lift things or help me or even babysit on is own and being scared of not waking up after having a blackout. Now got a appointment with a doctor tomorrow again instead of a locum is lower pain meds are no good.

 

Antonia stick with it you will win in the end.

[antonia26]

Ok thanks have written out my letter for him will write it out tidy after he sees is doctor in the morning just incase he says something else to add.should i write it as if my husband as written it or as i.ve written it for him if you know what i mean . I.ve described everything in detail now so was a very long letter few pages long. Thanks again will keep you updated anyway.

[mr_mastiff]

Ok thanks have written out my letter for him will write it out tidy after he sees is doctor in the morning just incase he says something else to add.should i write it as if my husband as written it or as i.ve written it for him if you know what i mean . I.ve described everything in detail now so was a very long letter few pages long. Thanks again will keep you updated anyway.

 

Antonia tell the truth just say why you have written it and good luck. I will keep an eye out in case you need a hand.

[antonia26]

Ok thank well he got a sick note for 4 wks and to go back for another also gave him is painkillers back so my husband is happy at the moment.

[mr_mastiff]

Ok thank well he got a sick note for 4 wks and to go back for another also gave him is painkillers back so my husband is happy at the moment.

 

Good keep in touch.

[antonia26]

Hi just for you to know my husband appeal as been accepted so far but we.re on appeal rate which is a big drop in income at the moment especially with christmas coming. But fingers crossed anyway i gave them alot of information . As there been many appeals being accepted at the first stage then later on declined.

[antonia26]

Hi still waiting to be seen but my father had some good news on monday he had is hearing after atos finding him fit for work was only awarded 12 points recieved a letter today awarding him 42 points cab couldn.t get over it their words where it just goes to show their system isn.t working right they was celebrating there because he never should of been signed off and only given him 12 points and kept turning down is appeals and now getting 42 points so fingers crossed my husband wins his.

[mr_mastiff]

Good luck with your appeal.

[antonia26]

Lost appeal sticking with first answer. Got all the info this time what that doc had written and god she lied she had put things in there about examining when she hadn.t like is feet and ankles is shoes never came off is feet taking the temp of is leg which she hadn.t.how she calls is vein moderate when a vasicular surgeon says its a bad one is vein is one thick bulging vein that then spreads all down is leg around is knee down towards is ankle from is groin. Know he.a also popped is hernia which we are about to tell them its a bad one aswell due to the fact he.s had a previous repair there 2 years ago and popped out on the side of the mesh repair. It pops in and out and doctor said this can cause lots of paim and it is my husband as been popping is tablets like no tomorrow he only managed to take co codamols the strongest ones u can have ,100 in 15 days they normally last a month plus taking naproxens and in between tramadols . He don.t normally take them unless he.s really hurting but he had been taking these without me knowing cause they normally last a month. So here goes to the tribunal now should get an appointment within 4/6 wks they said.

[**Margaret**]

:antonia26:

 

More like at least four to six months unless there's a new tribunal venue opened in your area!

 

It's important to understand that a work capability assessment is a test of capability for any work, not just your husband's usual occupation. Have you read the legal criteria for an award of employment n support allowance? If not;

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

Descriptors of ability to perform activities that are relevant to the workplace on pages 18 - 28.

 

Exceptional/special circumstances for an award of benefit on pages 10 - 12.

 

Did you and your husband prepare any written evidence for his disability living tribunal hearing? A written statement (technically known as a written submission of evidence) about which activities a claimant can't do and why, is good preparation for the actual day. And :honeybee13:'s template is an excellent guide to writing one.

 

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

 

Decide which descriptors you believe your husband meets and write each one at the top of a blank sheet of A4 or word doc. Then use the bullet point format to explain where Atos got it wrong (but don't moan about the assessment) and what the true situation is. Along the lines I suggested in #9 with reference to any medical evidence you've got. If your husband's doctor's less than enthusiastic about writing a supportive report, subject access the practice for his medical records. A tenner gets everything that's on the computer. Once you're happy with the bullet points, slot them into the template.

 

You've written quite a lot about your husband's blackouts and medication over and above what's been prescribed. If you believe the stress of having to claim jobseekers would be a substantial risk to the health and safety of your husband, or anyone else, write a paragraph about it after the sections about the descriptors. You'll need confirmatory evidence of self-harm, treatment for injuries sustained and trips to the dentist.

 

You may find the following guide to tribunals useful;

 

http://www.justice.gov.uk/downloads/tribunals/social-security-and-child-support/forms-and-how-to-appeal/tribunals_service_booklet_web.pdf

 

Last, but not least, remember to turn up!! Most successful employment and support tribunals are upheld on oral evidence from the appellant.

 

Sincerely, Margaret.

Edited January 15, 2014 by **Margaret**

[antonia26]

Thank you for all that i.m doing everthing myself but also not well myself struggling with my thyroid and a complication i.m having is memory loss forget fullness so also need my husband as my carer its been a hard few months . Thanks again