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ATOS assessment farce

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11 years 10 months ago - 11 years 10 months ago #108735 by Wizzo
ATOS assessment farce was created by Wizzo
On my 3rd ATOS appointment on July 15th (my first two were cancelled because they lost my notes), my long-term (years) mental health problems of OCD, depression and anxiety were dismissed with NIL points after a one-hour consultation with a young nurse, who admitted that she had only a basic (what all nurses receive) training in psychiatric medicine and who was clearly unqualified to diagnose/assess my condition.

My chronic back problem (due to a curvature of my spine causing pain following a total hip replacement) which prevents me from sitting in a upright chair or standing still for more than about 10 minutes was grossly understated and the pain from my right knee (which needs a replacement) was belittled as though it was some minor ailment.

I was told by someone at Work and Pensions that my long-term Incapacity Benefit (I am yet to be transferred to ESA) will cease on August 23rd and from then on I will receive the princely sum of NOTHING, as I intend to appeal against the decision, so cannot claim JSA because by so doing I would declare myself fit for work, which I most definitely am not! I do receive DLA for mobility, but this is a separate issue. When I asked what am I supposed to live on I was told that I could apply for an emergency loan. As well as feeling very insulted I am at my wits end and fear greatly for my future, which is adding considerably to my depression and anxiety.

I have the full support of my psychiatrist, GP and orthopaedic surgeon. But how can a mere nurse (no disrespect intended to the nursing profession) be in a position to assess the mental state of a person like me who she doesn't know and had never met before my assessment?

Any help or advice regarding my predicament will be greatly appreciated.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago - 11 years 10 months ago #108741 by Gordon
Replied by Gordon on topic ATOS assessment farce
Wizzo

If you appeal the Fit for Work Decision by completing a GL24 or writing a suitably worded letter, then you are entitled to be paid the ESA Assessment rate while you wait for a new Decision to be made on your claim, you will also need to provide a Fit Note covering you from when your IB payments end.

Have a look at the following

Our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQs

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the WRAG

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

If you have any questions, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.

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