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Atos medical despite serious mental/physical ill

  • foss27
8 years 4 months ago #145650 by foss27
I'm very surprised at the refusal of a home assessment.

I haven't heard of one being refused before.

Perhaps someone has?

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8 years 4 months ago #145697 by Orangeblossom
Replied by Orangeblossom on topic Atos medical despite serious mental/physical ill
In the past, I have had to have a medical professional such as a GP or health visitor request a home visit.
The following user(s) said Thank You: Cat

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8 years 4 months ago #145734 by Cat
Thank you foss27 and orangeblossom for your replies. Yes, I was very surprised indeed, and how fast they wrote, plus the irony that they've just sent an appointment for next Friday, locally, only 3 days after the original Redcar appointment would have been. In the same post, I got a letter saying they are going to seek supportive evidence, yet I detailed in my pip form about abuse by the mental health sector, complaints, no gp support. All deliberate cruelty. I've left a message for my advocate, who's back in on Tuesday, and just written to a local mp, via the link given here.

They had been very rude to the advocate when she'd called requesting a home visit, and seem not to have placed her on the level of a GP or health visitor, yet she is the only positive person involved in my care, and I have met her I think 2 times previously.

I know I won't cope, so, if they have to cut short the wca, there's nothing I can do about that. Unbelievable how deliberately horrible they are.

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8 years 3 months ago #147731 by Cat
Just got the envelope; dire, full of lies, no PIP awarded, 2 points. Can't believe doctor's surgery said I have no problems. Not even reference to very severe mental health issues, agoraphobia, suicidal, and said physical exam showed no problems at all, and eg that I got up unaided ... I was using a stick, clearly got stuck on the chair, and had arthritis mits on/found it difficult to use the table to get up. Said I got off the couch unaided; took me ages and clearly painful. Said I appeared well kempt (yet eg hair obviously not cut or dyed for ages).

Based on utter lies, the only thing the so-and-so gave points for was needing prompting to engage with others (my advocate had to be there, and had to read some of the notes I'd made, due to severe trauma/triggers/tears).

They've said all the outright lies based on what seems to be no evidence sought, no x-rays, no looking at what I've said at all. I'd even said at the end my hopes for the future, that if I just could find support now then I could cope and hopefully recover and be able to think of how to work again. There was already clear reference to previous suicide attempt (and they'd have seen this in my gp records if they'd looked) so I saw no problem referencing that that seemed a wise and obvious option in the future if I was unable to find any support (as has been the case so far, except for my advocate). I was also desperate to not have to come out again or cope with more, plus severe dissociation means sometimes being far too quiet and very occasionally, under extreme stress, saying more than might be usual ... if they knew even how to treat a common cold, never mind this serious information, it would be a shock, truly.

Very overwhelming. I'm posting here, and have just left a message for the advocate, as I know it would be very dangerous not to. My advocate had said that everyone she attends one of these with gets through, so I was totally unprepared for this. Utterly heartless lying worthless parasites, preying on the severe misfortunes of others, while ladling it out to themselves and anyone they prefer. No-one should ever trust them or think they have even one nice atom in their bodies; they don't.

I'd worked out, after big bills, I'll only have £17 left a month, which won't cover things. And it was obvious I had been using DLA to take care of vital things, and had no good gp support or mental health support.

I'd used all the notes here, so will now need to look at the mandatory reconsideration section, I understand, and hope something good happens.

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8 years 3 months ago #147747 by Gordon
Cat

The assessment is not a medical so the assessor will not have done anything investigative, such as taking new X-rays, but they should have looked at the evidence that you have provided and taken this into account when considering whether you meet the criteria.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.

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

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Cat

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8 years 3 months ago #147750 by Cat
Thank you Gordon. Much appreciate your advice. I'd asked them to use previous evidence, as with having a new gp surgery that isn't good, very agoraphobic, serious trauma/episodes etc, I haven't been going to the surgery. The dwp had sent 2 letters, one about the medical (which ended up being local, and advocate went with me) and one saying they were going to seek evidence from sources I'd named. I'd clearly stated about very serious isolation, which is nigh on impossible to detail easily right now in this message, but I said everything clearly to the dwp.

Thanks for the link. I find it very difficult talking on the phone, but will hope to hear from advocate asap and for a home visit, then I can post a letter asking for the assessment report (ie crock of lies). Shocking that the dwp previously put me into the ESA support group very easily, and DLA was relatively easy also, yet me asking them to include my previous information (from these two applications) seems to result in a report detailing someone miraculously cured, not far worse, as would be obvious to anyone.

You're right about keeping factual, beyond all the emotions. I'm dead as a stone mostly, so maybe best to use that in writing letters as soon as I can.

Thank you again.

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