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TOPIC: A thought about ATOS medicals. . .

A thought about ATOS medicals. . . 6 years 11 months ago #13747

Like many here, I'm awaiting an appeal after my Incapacity Benefit was stopped when I "failed" an ATOS medical in October. When I saw the doctor's report I couldn't believe my eyes, and there certainly seems to be something wrong with his -- he noticed that I wear specs, but completely failed to notice I use a crutch! He said I walk, stand, sit normally, and don't need to hold on to anything, all of which of course had catastrophic implications for the walking/standing/rising tests.

Added to that, there were glaring errors and half-truths, particularly in the "typical day" section; here's just one example. Having been warned by Benefits and Work of the "TV trap", I was careful to say I recorded programmes because I can't sit for long, and also because my concentration is poor and I often lose the thread of what's going on. Doctor noted the recording in typical day, but not the reasons why. Then just the fact that I watch television most nights, without mentioning even the recording, is repeated a further 7 times throughout the report -- including in the mental health section, to "prove" I have no problem with concentration! The exact opposite of what I said. . . talk about adding insult to injury.

Anyway, not to carry on boring you with all the things that are wrong with the report, but it's made me think. I've been doing some research and looking up case law for my appeal, and it seems to me that many times it's errors in the "typical day" section, and the way the LIMA software lifts and repeats selections from it, that causes the problem.

Since the typical day is supposed to be a summary of what the claimant says, not a medical opinion (!): why doesn't the doctor read this back to the claimant and check its accuracy before continuing? Would we be within our rights to ask for this at future medicals, do you think?

In the meantime, I'd strongly urge everyone to take along a witness if you are called for a medical, if at all possible. I so wish I had done this now. The doctor's "blanking out" my use of the crutch seems so bizarre that I'm afraid the tribunal isn't going to believe me.

Good luck to everyone, and thank you to Steve and the moderators for all the help on this wonderful site.
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Re:A thought about ATOS medicals. . . 6 years 11 months ago #13754

  • lavenderlady
Hi P

Just a thought, I presume you'll be taking your crutch to the appeal. If this crutch has been issued from a hospital then see if you can get a letter stating why it has been issued to you. Also a note from a physio if you have one - I'm sure you know all this already.As for needing a great deal of concentration to watch television that's debatable. Concentrating in a work situation is whole different ballgame to watching Wogan on Children in Need or Tricia.Would your GP be willing to write a note confirming your need to use a crutch and why. Good on you for doing all your research and I wish you well in your appeal. Lavenderlady
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Re:A thought about ATOS medicals. . . 6 years 11 months ago #13796

My experiences were very similar to yours, a complete farce, and missing points, with deliberate untruths. So, I truley have empathy.

It cost me 18 months of collating evidence, and meetings at the CAB, and two tribunals to recover the lost income, and prove the medical assessor's (and Tribunal Appeal Judges) purposeful misrepresentations. I expect you can tell, - I still haven't got over it!

So, just never give up, and always take the case as far as is humanely possible, seems to be the answer for us all.

If those in the public who opinionate about "Benefit Cheats" - had any experiences that we all have, they would soon change their opinions! Maybe we might then see advertisements, and tax payer's money spent on the "Lords/Commons/Cabinate Thieves" - instead?

Knowledge, is our only power, and this site is a great help.

Best wishes for a positive conclusion.

Angelique.
Take care of all your memories. For you cannot relive them. = (Bob Dylan)
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Re:A thought about ATOS medicals. . . 6 years 11 months ago #13811

  • sugarmouse Bradley
:( Hi I went to a tribunal today and sadly they just didn't seem to want to consider that the ATOS doctor might just might be wrong.

I had loads of supporting evidence but to be honest I didn't do very well presenting the evidence I felt sick and dizzy, as though I was 'on the stand.'

I feel like I want to give up. I just don't know if I can start all the way from the begining again.

I feel as though if the ATOS doctor had writen that I had performed a series of cartwheels and handstands they would have been believed.
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Re:A thought about ATOS medicals. . . 6 years 11 months ago #13816

  • lavenderlady
Hi Sugarmouse,

I'm so sorry you had a lousy day at the Tribunal.

Now is not the time to be thinking what to do next. Just unwind, relax and have an early night. See how you feel in a few days time.

As they say things can look differently after a good sleep.

Take Care

Lavenderlady
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Re:A thought about ATOS medicals. . . 6 years 11 months ago #13817

Hi sugarmouse,

Sorry to hear your tribunal didnt go in your favour. I know you will be drained at the minute, and questioning yourself about how you performed at the hearing.

Take a few days and get yourself settled a bit, and then begin again by asking for a statement of reasons from the legally qualified member. I know its going to drag out a bit longer than you would have expected but at least by requesting a SOR you will be able to clearly see why the panel was unconvinced.

Take it one step at a time, and keep fighting, dont loose sight that you are fighting for your rights.

All the best

Kathy
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