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psych
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22 Jan 2012, 11:34 am

identity wrote:
I have been considering making a thread about it actually. I feel that the medical assessment I had was rather incompetent, they didn't really listen to what I was saying.


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?



Tequila
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22 Jan 2012, 11:43 am

Is this true? Can I have a link (and an overview if possible from a professional source)? This could be very useful.



Guineapigged
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22 Jan 2012, 12:28 pm

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. :cry:



Last edited by Guineapigged on 22 Jan 2012, 1:39 pm, edited 1 time in total.

identity
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22 Jan 2012, 1:21 pm

psych wrote:
identity wrote:
I have been considering making a thread about it actually. I feel that the medical assessment I had was rather incompetent, they didn't really listen to what I was saying.


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!

Guineapigged wrote:
I found out afterwards that they ask very sneaky questions to try and catch you out and put words in your mouth.

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. :?: :!: When I thought I had made it clear that this is one of the main issues. Problem was when I got to my interview they said they were running late, and didn't know how much by. I agreed to wait for as long as I could. However it was actually only 10 minutes late so I managed this although it made me more anxious obviously. I am sure they noted this to mean I didn't find it a problem. Little did they know that if it was half and hour late I certainly would have been gone before then. They are also clearly watching your every move from the minute you get there; for example they said in the report about I was holding my bag with both hands and how long I stood up for.

Guineapigged wrote:
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.

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. :oops:



psych
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22 Jan 2012, 1:33 pm

Tequila wrote:
Is this true? Can I have a link (and an overview if possible from a professional source)? This could be very useful.


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

Quote:
If a person takes a very long time to learn a task, for example takes 2 years to learn how to wash and dress themselves, this would not be considered reasonable and that person would not be considered to have the ability to learn this task. The inability to learn a very simple task represents a very high level of disability such that they would also be considered to have limited capability for work related activity.

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;

Quote:
180 page guide to carrying out work capability assessments for use by healthcare professionals. This document tells you how health professionals are supposed to assess you and how the DWP/Atos interpret the law - often wrongly in our view. Remember, this guidance isn't the law, only what the DWP/Atos think the law should be. We refer to extracts from this Handbook throughout our guides to claiming, alerting you to areas where we think you will be incorrectly assessed and telling you what to do about it.



psych
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22 Jan 2012, 8:31 pm

Guineapigged wrote:
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.


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.



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23 Jan 2012, 1:02 am

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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SteelMaiden
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28 Jan 2012, 2:45 pm

Phonic wrote:
I'm quite jealous of the British healthcare system now, Aspergers Syndrome does not get you disability allowence in Ireland, not after the cutbacks.


That's awful.

Although I am a schizophrenia sufferer as well, so I suppose that contributes to my allowances.


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CosmicRuss
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28 Jan 2012, 3:18 pm

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. :evil:

*[This renewal was the first time I mentioned AS, I also have physical disabilities.]



SteelMaiden
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28 Jan 2012, 3:25 pm

CosmicRuss wrote:
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. :evil:

*[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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CosmicRuss
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28 Jan 2012, 3:31 pm

SteelMaiden wrote:
That is no good of the council/government.

I'm not looking forward to PIP either.
It is quite normal for them to do this now, reject everyone who re-applies and fight those who appeal.
((((hugs)))) for when PIP arrives. OK.



SteelMaiden
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29 Jan 2012, 4:30 am

^ thanks.

I've got really good advocacy behind me though.


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Phonic
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29 Jan 2012, 11:09 am

SteelMaiden wrote:
Phonic wrote:
I'm quite jealous of the British healthcare system now, Aspergers Syndrome does not get you disability allowence in Ireland, not after the cutbacks.


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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SteelMaiden
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02 Feb 2012, 1:26 pm

Phonic wrote:
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.


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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psych
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02 Feb 2012, 3:41 pm

SteelMaiden wrote:
It is sad that the government are destroying the benefits system.


Sue Marsh just wrote an excellent overview of what has just happenned, its shocking isnt it? :(

http://diaryofabenefitscrounger.blogspo ... nment.html



LittleBlackCat
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02 Feb 2012, 5:30 pm

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