Disability Living Allowance
Thats very likely since ATOS are a private company employing turncoat medical staff who get paid bonuses for the number of benefits they can remove. The staff guidelines (ive downloaded them) instruct staff to record claimants as being OK medically unless they display the most extreme and stereotyped behaviour. eg. you should ideally have a panic attack in the examination room if that is relevant to your case, and even then theres no guarantee that the staff will be honest and record it.
Theres allegations of fraud and professional misconduct and a huge protest movement surrounding the issue of ATOS/DWP.
Do you have representation for your tribunal? like CAB or a local disability charity?
I, too, have had a bad experience with ATOS.
I used to be on JSA but then they said I couldn't claim JSA anymore because I wasn't fit for work and told me to apply for ESA. As part of my care plan I started a part time animal care course. When I told the job centre about this they stopped my benefits and I haven't had any income since September.
In December I had my ATOS medical and I'm still waiting to hear if I "passed" or not. I had a representative with me and even though she made it clear that I couldn't articulate myself well, the examiner ignored that and directed his questions at me. I found out afterwards that they ask very sneaky questions to try and catch you out and put words in your mouth. For example, one of the questions was,
"Do you watch television?"
I answered yes, thinking "WTF does this have to do with getting a job?" Turns out that by answering "yes", I had ticked the box for "can concentrate on a task for 30 minutes".
By saying that I feed my pet guinea pigs, I ticked the box for "can take care of pets and therefore self", when in fact I don't feed myself properly at all.
I don't know what I will do if they decline me for ESA. It's like I'm too sick to work but not sick enough to get benefits for it. So I get nothing.
As for DLA - I wouldn't even think about applying for it. It has been stressful enough trying to get ESA. ![]()
Last edited by Guineapigged on 22 Jan 2012, 1:39 pm, edited 1 time in total.
Thats very likely since ATOS are a private company employing turncoat medical staff who get paid bonuses for the number of benefits they can remove. The staff guidelines (ive downloaded them) instruct staff to record claimants as being OK medically unless they display the most extreme and stereotyped behaviour. eg. you should ideally have a panic attack in the examination room if that is relevant to your case, and even then theres no guarantee that the staff will be honest and record it.
Theres allegations of fraud and professional misconduct and a huge protest movement surrounding the issue of ATOS/DWP.
Do you have representation for your tribunal? like CAB or a local disability charity?
I have contact with a welfare benefits advisor who helped me with the appeal so I am going to try and see her this week about the tribunal (she only works 2 afternoons a week though!) Someone has also just given me the name of a disability benefits advisor at the Job Centre (although I suppose they wouldn't be impartial) I have heard that there is a lot of discontent over ATOS but I am really shocked by what you said about the guidelines. I was going to ask where you found these guidelines and it seems Tequila is also wondering!
Yes I can well believe this. I think they just reported bits of what I said to suit them. They said in the report I wouldn't have any significant problem with change.
I'm sorry you are having a bad experience aswell Guineapigged. It doesn't seem right that they have stopped it completely.
Apologies to SteelMaiden if I have hijacked your thread.
it seems i did exaggerate a little bit with the 'panic attack in the examination' but remember that this is publicly available info, i wonder what the behind-the-scenes personal trining is like?
http://www.dwp.gov.uk/docs/wca-handbook.pdf
some extracts
More specific short lived episodes such as leaving the supermarket as it is too crowded would not be considered if this was the only change to their planned day. Similarly a person who has a panic attack but manages to do most usual tasks in a day after the episode of panic would not attract a scoring descriptor in this area.
The Mental State Examination findings would be expected to reflect severe anxiety or communication problems. Rapport is likely to be poor with lack of eye contact. The claimant may be sweating and finding the consultation difficult. They may be somewhat timid in demeanour at interview.
This is how the site www.benefitsandwork.co.uk decribe the document;
I used to be on JSA but then they said I couldn't claim JSA anymore because I wasn't fit for work and told me to apply for ESA. As part of my care plan I started a part time animal care course. When I told the job centre about this they stopped my benefits and I haven't had any income since September.
In December I had my ATOS medical and I'm still waiting to hear if I "passed" or not.
The appeal guide i have (from the site i mentioned) says that if you are appealing a descision not to give you ESA then you can still get paid at the lower assessment rate until the case is eventually closed but you have to continually provide sick notes during this period. If you want to look for work then you could opt to claim JSA (instead of assessment rate ESA) and you should be able to restrict your job search according to your health needs.
Phonic
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I'm quite jealous of the British healthcare system now, Aspergers Syndrome does not get you disability allowence in Ireland, not after the cutbacks.
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'not only has he hacked his intellect away from his feelings, but he has smashed his feelings and his capacity for judgment into smithereens'.
That's awful.
Although I am a schizophrenia sufferer as well, so I suppose that contributes to my allowances.
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I am a partially verbal classic autistic. I am a pharmacology student with full time support.
I lost middle rate care after receiving it for 10 years or so when I renewed* my claim in December.
I have lost roughly half my income and as a result no longer receive Income Support or severe disability premiums.
That means I now have to pay more Council Tax and Rent which means I am now approximately £450 worse off per month.
I withdrew my appeal because they could have taken mobility off me too.
Next year of course DLA is being replaced by Personal Independence Payment and I expect a full on battle then as well.
*[This renewal was the first time I mentioned AS, I also have physical disabilities.]
I have lost roughly half my income and as a result no longer receive Income Support or severe disability premiums.
That means I now have to pay more Council Tax and Rent which means I am now approximately £450 worse off per month.
I withdrew my appeal because they could have taken mobility off me too.
Next year of course DLA is being replaced by Personal Independence Payment and I expect a full on battle then as well.
*[This renewal was the first time I mentioned AS, I also have physical disabilities.]
That is no good of the council/government.
I'm not looking forward to PIP either.
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I am a partially verbal classic autistic. I am a pharmacology student with full time support.
Phonic
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Joined: 3 Apr 2011
Age: 33
Gender: Male
Posts: 1,329
Location: The graveyard of discarded toy soldiers.
That's awful.
Although I am a schizophrenia sufferer as well, so I suppose that contributes to my allowances.
That happens to be the angle I'm taking it now, I'm appealing the descision to refuse my disability allowence with new information stating I have psychotic illness and bipolar disorder. Bipolar disorder also doesn't get you disability.
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'not only has he hacked his intellect away from his feelings, but he has smashed his feelings and his capacity for judgment into smithereens'.
Yeah, it's bad: a woman who used to live here is bipolar and she was refused DLA. Psychosis is more likely to get DLA. It is sad that the government are destroying the benefits system.
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I am a partially verbal classic autistic. I am a pharmacology student with full time support.
Sue Marsh just wrote an excellent overview of what has just happenned, its shocking isnt it?
http://diaryofabenefitscrounger.blogspo ... nment.html
Just for clarity, there are no specific conditions that do (or do not) entitle you to disability or sickness benefits in the English system. It is down to severity of symptoms and how your condition affects you as an individual. However I do agree with the sentiments expressed that the WCA in its current format is deeply flawed and the way things are developing is very worrying.
EDIT - Actually, I think there may be one or two exemptions in relation to terminal illnesses such as cancer, but these are the exception rather than the rule
