Hi,
This is my story
I had been in receipt of Incapacity Benefit for several years (i had one medical with ATOS not long after starting to claim IB as the period from sick notes to full benefit was coming up, I was awarded IB without needing to send in any more sick notes and that was it) due to a combination of health complaints. I received the letter and questionnaire for migration to ESA December last year, filled this in (actually someone did it for me with my approval) then i was duly called for a medical.
I was very unhappy at the ATOS Dr’s conduct – he sat back in his chair laughing at me while i told him about my chronic bowel problems (i showed him the small bag i carry with wet wipes and a change of clothes in case of an accident which he thought was hilarious), he laughed when i started crying when he asked me if i’d ever wanted to commit suicide (a bit close to the bone for me) he hardly typed anything, but sat there making comments and being snide, but i pressed on and told him everything – ALL the truth. I have absolutely nothing to hide, i told them the truth several years ago and everything had been fine. I’ve always worked a decent days work right up until my conditions became too much for me to cope with as well as working a job. As I was leaving the Atos Dr said to me “don’t bother sending in your evidence to support your claim, if they want it they will ask for it” I had already been told the same from JobCentre Plus when i got the questionnaire in the first place, so the questionnaire was sent in its own with no evidence.
Two Weeks later I received a phone call from a decision maker telling me i was not ‘disabled enough’ and not eligible for ESA, she spent 20 minutes trying to push me to the Jobseekers team to start claiming jobseekers – i cant go to work, i suffer from Rotational Vertigo and am constantly off balance, objects moving into my field of vision set off weird dizziness so it is tortuous even moving around the house, let alone going outside, i can’t read, watch tv, use a computer as it sets off these weird dizzy spins, suffer chronic fatigue, suffer tinnitus, Visual disturbances, vision loss, music (noises) set off rotational spins, coupled with the pain, cramps, bloating and ‘accidents’ associated with IBS (and other conditions) i can barely function and i have no life. I asked the decision maker on the phone what she based her decision on and she said it was because i told the ATOS Dr i could use a microwave and cook a ready meal (i dont use the cooker because i can’t stand there and cook, if i had a funny turn while the gas was on it just doesnt bare thinking about, the microwave is better because if it pings and i can’t get up it’s not a fire hazard) and because very occasionally, when i was able to, a neighbour drove me to the shop. I asked her how this equated to a full days work 40 hours a week and she said she didnt know, but informed me again i wasnt able to get ESA as i wasnt disabled enough – my dizziness was of no relevance to her, she fobbed it off. She tried a few more times to get me to agree to go through to the Jobseekers team. I point blank refused, then asked her to send the relevant information through and i would then decide whether to ask them to look at their decision again or to initiate a full on appeal. I politely hung up the phone.
I received the documentation through the post and sure enough i’d been awarded 0 points. AND the ATOS dr had written the complete opposite of everything i’d said. He missed off crucial points pertaining to my medical conditions, lied and said he saw me bend down – which didnt happen because i can’t. And he wrote i’d said things i didnt. AND they had completely disregarded the questionnaire we filled in. Ironically, i had to cancel the first medical appointment as i had a hospital appointment on the same day around the same time, but even though i told the Atos dr the reason for the appointment being rescheduled, he chose to report i did not see ANY specialists and did not visit a hospital with my medical conditions. I was in total shock at the lies that had been told.
I spoke to JCP and they told me i could ask for the decision to be looked at again and if i sent in sick notes i’d get £67 odd a week (a cut of £35 a week in benefit), i was told that if i asked for an appeal i would get the £67 a week BUT it would go straight to the tribunal without JCP looking at it at all, so as we felt it didnt need to go to a tribunal (rather naively i think) as we had all this evidence to give them. We sent everything off and 6 weeks later i still had no money, i’d not heard from JCP so i telephoned them and they told me that of course i wouldnt have any money! – because i’d asked for a reconsideration! I told them that i’d been told i’d still get paid if i asked for a reconsideration. They said that was wrong. So they said i’d have to appeal to get any money, BUT i was told that because of what had happened that if i appealed JCP will be kind enough to try and reconsider their decision first and if they couldnt it would go to a tribunal. So i said fine, we changed it to appeal and sent the letter confirming we wanted an appeal off. I still didnt get any money, when we rang JCP to find out why, they said it was because the covering letter was without a signature and because it didnt have a signature they couldnt action it (i was sick in bed on the day the letter was done so didnt sign it, the person who writes the letters for me just went ahead and did it so they wouldnt be disturbing me) JCP told me i only had 10 days in which to send a signed letter in. So the signed letter was sent and i got some money.
In the appeal letter that was sent in, i DID enclose all my evidence. They said they didnt want it, but i wanted my say – i sent all my consultants letters in, GP letters, Driving License revocation, the lot.
I then received a letter from JCP saying i’d asked for an appeal and that they would look at their decision again (as i’d been told on the phone) and if they could change it they would, if not they would write and tell me why not then give it over to the tribunal service, and i should still send it sick notes.
So that’s what i’ve done for several months. I telephoned JCP a few times to find out what was going on, and they really don’t know what’s going on. I ring the number in Derby and they all say something different when you speak to them, they have no idea what they are doing. Someone in Plymouth (who is dealing with the appeal) rung me and said they’d seen my file on someones desk ready to be looked at and she’d ring back with a time frame and never did, i tried to ring Plymouth direct and was unsuccessful. The last time i spoke to JCP (Derby) was over a month ago (3 weeks after i spoke to someone in Plymouth), i spoke to a very nasty unpleasant young man who spoke to me as if i was mentally retarded. Sometimes i find it difficult getting my words out, it’s like my brain goes CLUNK! and it takes a while for me to say what i want to say and get my point across, so i do um and arr, the young man tried to say it had gone to a tribunal the week before, then changed his story it hadnt gone to a tribunal, they hadnt been able to change their decision, then they had. So i asked him why it was going to a tribunal when i’d provided to them so much information, and he said to me “well it doesnt matter what letters you send in, even if they back you up because we listen to the ATOS dr not qualified specialists”. With that he put the phone down on me. I haven’t rung back since because i find it pointless. I’ve had no letter from JCP saying we’re going to a tribunal and why, so was he even telling the truth? am just stuck in a limbo. The only letters i get are ones asking for a new sick note, which i always get and is sent in on time along with any new hospital letters i have.
So, several months and still counting of being cut £35 a week in benefit, i can’t afford to eat so i dont often. My money has gone down, but the people i pay bills to still want the same if not more money and it’s not there so i have to go without food to pay them, one of the utilities companies i owe money to told me on the phone that my financial situation wasn’t their problem and i owed them money – they wanted it and they’d take me to court for it. I ration the heating (good the weather has been mild) and electric. I live alone and am solely responsible for my finances so the buck stops with me. My shoes have holes in, which i can’t afford a cheap new pair, am relying on charity and handouts from people which is truly shaming. It’s none of our faults we became ill, it’s not my choice to be so dizzy and unwell all the time. I can’t work, there is nothing i can do. I’m frustrated, depressed, have developed other medical conditions, because of the way i walk with the dizziness my hip is in agony all the time which affects the way i walk, so it’s made worse and i’m being penalised for being ill, like so many other people. it’s criminal. Take my benefit away from me, But take my illness away at the same time.
I don’t know what’s going to happen if the Tribunal (if we ever get there) find me fit for work.
Jennifer
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they just want us to go away or die basically so the figures look better
Heart breaking what people have to go through.
jennifer its this whots wrong with our system of looking after us but they want us to go quietly but are finding most are fighting back against our goverment who now whots happening to us and wont lift a finger to help,finding us fit for work who oin his right mind will employ one of us when he could employ someone whose got nothing wrong with them and whot jobs we could do they dont answer this one ,its so bloody mad that we have to go through this every yr .those in power should be ashamed of themselves but greed does funny things to them like flipping houses and duck ponds come to mind who are the committing the fraud its not us they dont pay enough to us its just enough to keep ones head above water .and hope some find their way and open their eyes to our plight of fighting atos dwp just hope you ok and will get throuhg this ordeal jeff3 http://www.dwpexamination.org
Unless and until the British disabled community wake up to the fact that this was imported from a corrupt US insurance corporate giant, and the DWP are just the fall guys which is why they have no answers as they aren’t actually in charge of all this, then you’ll keep going around in circles.
This was designed by Thatcher in ’94 to reduce gvt costs in the future, it was accepted by all parties which is why Blair introduced the WCA and now Cameron, on a power drive and with Lib Dems who remain lacking in moral conscience to raise a challenge, then this was always going to happen.
Mo
If the DWP are just fall guys then who should we be aiming our attacks on???
UNUM INSURANCE – this is their scheme and they boast that they are now “driving UK welfare reforms”.
Honey, my heart goes out to you.
The problem is that you are a decent, honest person dealing with a corrupt gvt scam. Hence your experience with someone claiming to be a doctor who demonstrated that he isn’t fit to be a doctor.
I am conscious of the fact that you are dependent on someone else to write letters for you but, from lengthy research experience, I would urge you to stop at once any phone contact with these people. Put everything in writing, only ever send copies of important documents and send it all recorded delivery if you can possibly afford it.
The BIG question is WHERE is your MP, WHY isn’t he on the case and you should possibly consider contacting the media if you could deal with that? Local radio is a very good place to start.
I am a former REAL healthcare professional and the removal of any evidence of care, concern or compassion from these DWP so called assesments is an affront to everything I beleive in.
Good luck.
Hi Jennifer, my heart goes out to you hon, i know the money and court threats situation, i have been in court 3 times since 2009, for non payment of tax, rent and tv licence…..
My medical evidence helped me in all 3 cases, the judges saw the problem that Atos did not, or blatantly refused to.
My advice is, if your summoned to court? Dont fear it, its a way that atos’ name gets smeared in court and raises awareness of a kind.
Judges only turn on you if youre a criminal or refusing to pay up. When they see youre ill and in hell, they are actually ok.
The treatment of you echos the masses whom are dragged through atos, youre not alone hon, that said, i am still shocked when read this obscene behaviours they inflict, the cause and effect is just too disturbing.
I personally believe once you get to tribunal, you will be heard, as yet no one has heard the totality of your conditions.
If you cannot make the tribunal, writ letters send all data you have, have a gp write you a letter too, write to specialists, appeal to their vanity, tell them atos are not specialists and yet override them, the specialist, print off all reputable info concerning your condition from online medical journals…..
Just shove in their face the actuality of specialist truth. Itl knock em sideways coz, they at the tribunal have a dr, and that dr knows they then have a legal obligation to read all medical fact.
Good luck hon, keep us updated.
I cried when I read the above story. Maybe it’s because I HAVE a heart unlike the sadistic bastards at ATOS and the DWP. It is possible that one day, these people will become ill or disabled themselves and realise what it is like (perish the thought). There is no empathy within these people. Maybe it is one of the qualifications that you need to work at these places? Jennifer, I hope that you will come out of this smiling.
Dear Jennifer
how your situation tears at my heart. The way you have been cruelly treated is completely incomprehensible. so many of us, like you, have been driven to the edge of our courage. However, i feel confident that the Tribunal will see what cruelty and incompetence has been going on. They are used to seeing these disgraceful situations. I think they will find in your favour. KEEP GOING. Keep us posted, take good care of your self.
well atos finaly got to me. after filling in the fom with rhe most comprhensive answers and medical evidance about a very long and complicated medical histery the put me in th wrag
left me with no option cart be bothered to fight it ny more
took to my bed with all my meds and a bottle of gin hope they are happy nw
Please do not give up. This is fixed. If I was you, I would report that so called professional to the GMC if, it was a qualified doctor, otherwise the respective body.
Do not wait for the DWP to tell you they have reviewed your case, tell them you want to appeal now, and at least you will get assessment level ESA.
The only other advice I have is though it is difficult, attending your hearing is better. If you can though, submit your case in writing, before the tribunal. It makes their life easier, and yours, in that you have presented your case, and it is not all reliant on how you are on the day.
I wish you luck.
Cant say better than above,,,, but please be careful mixing meds and alcohol, it can react in disasterous ways.
All the best.
If this is all to do with Derby BDC it’s no surprise at all! They deny everything every time you call them, they usually say they’ve not got what you send them (even if it has to be signed for by them!) They are just a completely useless bunch of cheats & liars! Essentialy they are the biggest benefit SCROUNGERS in the UK with the only exception being the government ministers who pull their strings. They should all be exposed & shunned by the rest of society!
Thank you all for the words of support and advice. It has been a massive help.
Understandably I am very up and down with it all. Have stopped worrying about paying the bills I can’t pay and would rather the people I owe money to take me court. It feels weird exercising a bit of self preservation!
I haven’t heard any more from JCP, I have a hospital appointment mid September after a massive b@lls up with the hospital (I was signed off ENT when I shouldn’t have been) To be honest things are as bad with them as with JCP as none of the consultants will submit anything about my condition in writing as they are not sure what’s wrong with me. One of them wrote some vague letter saying i was dizzy .etc which was better than nothing as my GP had already written a fantastic letter. The last thing i really want to do is to push JCP (in writing) to go to the Tribunal NOW only for it to backfire with my not having something concrete i.e enough evidence. An ENT said to me earlier this year “I can’t write you a letter detailing what’s wrong with you as I have no evidence of what IS wrong with you” which didn’t help at all, but this is the thing with a so called invisible illness. another ENT lied about my test results but when i flagged up the tests with my ENT he said that the results weren’t normal. So now am seeing the fourth ENT in September. So, as you can see it’s a bit difficult at the moment, I don’t want to rock the boat so am trying to ride this out until i can get to the hospital.
Thanks x
Take each day as it comes hon, its indeed an obvious thing to say but, sincerely does hold a deep sensible truth.
The looking too far forward expresses obstacle after obstacle that from one perspective, becomes too much to bear, break each down to what can be handled in the here and now, focus on another later.
Life sure as hell shouldnt be this damn cruel and unjust but, at present it is, the only way forward is having clarification to your surroundings.
If? And/or when? You are summoned to court for non payments of whatever, remember youre in the right, you are suffering and cannot give what you do not have (no one can).
Take all medical info to court, express the facts of terror of Atos, your condition, inability to pay, work and all else.
On 3 seperate occasions i did this, and furthermore as an nhs blacklisted patient (i had no Dr, backing me whatsoever, i just had reputable medical evidence from medical journals and patients testamonies i found online)…..
With a decent GP, backing you, you will have enough to express to any court how exactly mistreated you are in any financial demands.
At present you and your health is to far exceed any futile money demand from anyone, like i say (and, know also, the court does recognise)……. If you aint got it?, you cant give it!
All the best hon, take it easy, look after yourself and good luck
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Please complain to JCP at District managers level first. I do not know where you live? You need to complain to what has happened to you and ask where is your response is to the appeal you have sent in. Please Please involve you MP this can all be doen via email or letter. Your MP must help you and he/she will. Or ask you MP to complain on your behalf which he will do.
Hi,
I wanted to come here and tell you all the good news!
FINALLY got a date for the Tribunal, on the day of the hearing i received a phone call from the Tribunal saying we didnt have to attend the hearing, the next day i received a letter telling me I’d been put in support on Regs 29 and 35, the Tribunal also requested I not be assessed again for another two years!
Better than I could have hoped
Thank you all for your words of support it meant so much to me when i was in such a low place.