Appeals tribunal Fibromyalgia

First of all a big thank you to all who read and commented about my posts on Fibromyalgia.
I am gathering my final pieces of paperwork together for my fast approaching tribunal.I just want to say that when I was having mt ATOS medical I was congenial with the doctor. I feel that he did lure me into a false sense of security in his pleasantness at asking me questions which I answered to the best of my ability. Basically he engaged in a VERY relaxed conversation to gain how I performed the simple everyday tasks. He asked if I could cook and shop for myself- this could be used as an indication of my mobility and competence.I can do these things up to a point but he did not take into consideration the effects of fatigue and pain and other related issues had on my being due to the fibromyalgia. Obviously the ability to do small tasks shows evidence of general competence,but I found it Evidence-building and confusing.
My 'problem' is that I am a people pleaser and nice to everyone.T he report I got back from ATOS made me out to be an athlete.Would it help if I pointed this out to the tribunal that the doctor who performed the medical interpreted my comments in such a negative manner. ie he often goes shopping for groceries at the supermarket weekly and usually shops with wife due to preference...what bearing has this got with Fibromyalgia?
Any helpful comments regarding this topic would be greatly appreciated.
Paul

Queenarc wrote:

First of all a big thank you to all who read and commented about my posts on Fibromyalgia.
I am gathering my final pieces of paperwork together for my fast approaching tribunal.I just want to say that when I was having mt ATOS medical I was congenial with the doctor. I feel that he did lure me into a false sense of security in his pleasantness at asking me questions which I answered to the best of my ability. Basically he engaged in a VERY relaxed conversation to gain how I performed the simple everyday tasks. He asked if I could cook and shop for myself- this could be used as an indication of my mobility and competence.I can do these things up to a point but he did not take into consideration the effects of fatigue and pain and other related issues had on my being due to the fibromyalgia. Obviously the ability to do small tasks shows evidence of general competence,but I found it Evidence-building and confusing.
My 'problem' is that I am a people pleaser and nice to everyone.T he report I got back from ATOS made me out to be an athlete.Would it help if I pointed this out to the tribunal that the doctor who performed the medical interpreted my comments in such a negative manner. ie he often goes shopping for groceries at the supermarket weekly and usually shops with wife due to preference...what bearing has this got with Fibromyalgia?
Any helpful comments regarding this topic would be greatly appreciated.
Paul

QA,

I understand what you say about being nice, it is indeed "Nice to be Nice",

In ATOS's case they do indeed try to make you relaxed, not though for positive reasons.

I would advise anyone attending an ATOS face to face, to keep straight faced, and be quietly assertive, of course not possible for some people to control their emotions, this is where taking someone with you comes in, they can be "calmly assertive" on your behalf.

As to your question, the ATOS HCP, makes assumptions, (generally negative to the claimant) from the answers given, so as to shopping with the the wife, as a "preference", they infer that it is not a necessity, and the act of going shopping infers, few mobility issues re: your chronic widespred pain, due to Fibro.

Absolute bunkum, of course, this is why Derek says, that ATOS, HCP's should be known as "Dr Assumption".

If you had someone with you taking notes, you could use said notes to help prove a wrong assumption, or indeed a covert audio recording.

If not, don't forget actions fall under the criteria of being able to be done, Repeatedly, Reliably, and Safely.

Use the guides here on appealing.

hope this helps

bro58

I went to the tribunal today.araeally need not have bothered!There were two people- amale doctor and female judge. They explained they were there to make sure the law had not been broken by the DWP. They asked the usual questions and the doctors eyes just glazed over when I mentioned Fibromyalgia. To cut a long story short I lost. I would like to know whether the DWP will now stop paying the lower rate of my ESA. I sent a sick note in 2 weeks ago from my GP which covers me for 3 months. Will I still continue to get that or now that I have been through the tribunals process and lost, does it stop altogether?
Any thoughts on where I go from here.
Many thanks for your comments Paul

Dear Gordon, I am currently in receipt of ESA at the current level of £137 per fortnight. My current sick note runs out in september 2011. Will this fortnightly payment now stop since the decision of the tribunal today even though my sick note is current. Thanks Paul