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Atos Assessment

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6 years 7 months ago #197719 by Ben
Atos Assessment was created by Ben
Hello, I'm new here and this is my first post,

I have severe depression and fibromyalgia.
I'm currently writing a MR as I was rejected daily living and Mobility, 0 points in total.

I gave the assessor a new GP letter detailing my mental health history as well as pain, she did not read it in front of me but copied it and sent it to DWP, on the report it is not included under evidence considered, only PIP Questionnaire, Is this allowed to dismiss evidence from a GP?

Also she did a mental state exam but declared it was unremarkable and used her result as one evidence against giving me any points, if she has read and included the GP letter, she would have seen my suicide was an impulsive act and I self harmed, which I said to her but she didn't believe I self harmed. I stated on the PIP questionnaire that my depression is due to a main factor of being sexually abused as a child(which for me is hard to accept and deal with as an adult).

she also says I'm not under the care of a mental health team as another reason against me, I am on antidepressants and Cognitive behavioural therapy which is an accepted form of treatment on the NHS for severe depression. she didn't state in the report the full name just CBT, which the decision maker might not know what it is.

Having to appeal against a disingenuous report is both tiring and mentally exhausting for me at a difficult time when I've been off work for 3 months and had to return on reduced hours from 40 to 20 which is causing me to struggle financially.

I'm not sure I can handle another rejection for no reason at all, it would destroy me.

I've just received my Blue Badge from my local council for my mobility problems arising from my Fibromyalgia which causes me constant pain and fatigue.

Any help or thoughts would be most appreciated.

Thanks,
Ben.

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6 years 7 months ago #197725 by Gordon
Replied by Gordon on topic Atos Assessment
Ben

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Although there are some clear issues with the report that you should definitely include in your MR request, the surest way to receiving an award is to confirm why you meet the criteria for an award.

I would recommend that you go back through your PIP2, the assessment report and our PIP Claim guide to make sure that you have shown that you meet the legally defined criteria.

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

You need to be able to complete an activity reliably and on the majority of days not to score points, so you should check whether these terms are relevant to you describing your problems, the guide has explanations of what these terms mean.

I do have to warn you that revision rates at MR are very low and you may need to consider going on to appeal where the rates are significantly higher (60%+)/

If you have further questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 7 months ago #197753 by Ben
Replied by Ben on topic Atos Assessment
I've been going through the guides from this site, which are very detailed and helpful,

I am doing one document details my issues with the Atos report, one with my reasons for each descriptor and why I believe I should be awarded that based on factual evidence, another detailing my health problems and effects, medication, medication documentation and NHS information on depression and fibromyalgia, highlighting my treatment as just as accepted as a mental health team. with an attached document with additional information on conditions (reliable, risk, repeatedly etc.

My main issue, is I work for them and they already know my health problems in one department, I included Occupational Health Reports, which were not mentioned.

I know MR are rarely won unfortunately, but I feel like I'm being attacked at both ends.

Cheers,
Ben.
The following user(s) said Thank You: Gordon

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6 years 7 months ago #197814 by Ben
Replied by Ben on topic Atos Assessment
In regards of when I said I work for them, I am a civil servant and have almost lost my job due to my problems, they are fully aware. Not to say I should get better treatment than anyone else, we all should get just and fair treatment and not treated with suspicion or disdain, but due to using a 3rd part contractor, it's easier to hide behind.
The following user(s) said Thank You: Gordon

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