Poorly presented appeals bundle.

I have just received the appeals bundle from the DWP and I am surprised to see how it has been cobbled together. There is no schedule, only 2 sheets of paper from the DWP are contained within it and those being the decision report and the report by an Atos nurse stating that I have significant level of disability to limit my capability for work but the rest of her report dismisses everything I explained on my ESA50 and any subsequent information I sent them. She also said that I can return to work in the medium term. I find that astonishing when my hands are so badly affected...what job can I do without using my hands?? She also stated that there would be no significant mental/physical risk if I was found capable for work and that I have no musculo-skeletal or cardio-respiratory problems when I have clearly indicated serious problems in both areas. I stressed throughout the form my anxiety problems and their affect on my nervous system and having extensive nerve damage from throat to toes means strong medication which cause mood swings, cognitive impairment with concentration and poor memory. All of these have been dismissed.

Unfortunately my doctor 'failed' to send them any medical evidence, which surprises me greatly. They mention a Med 3 throughout their decision, but no medical/sickness note was sent to them, the last one was years ago, as I had been on incapacity since 1991. So which Med 3 were they referring to?

I can certainly dispute that my drugs give me significant neuropathic pain relief, as I stated throughout my form that i am in constant pain but cannot take morphine. In fact on at least 10 of her statements I can dispute what she has stated. I am amazed that no at Atos and the DWP has actually read my detailed information...most has been ignored. I am quite sure that the welfare rights officer who will be assigned my case will pick up on all of these points.

Is it common to be in this position?

TCP wrote:

I have just received the appeals bundle from the DWP and I am surprised to see how it has been cobbled together. There is no schedule, only 2 sheets of paper from the DWP are contained within it and those being the decision report and the report by an Atos nurse stating that I have significant level of disability to limit my capability for work but the rest of her report dismisses everything I explained on my ESA50 and any subsequent information I sent them. She also said that I can return to work in the medium term. I find that astonishing when my hands are so badly affected...what job can I do without using my hands?? She also stated that there would be no significant mental/physical risk if I was found capable for work and that I have no musculo-skeletal or cardio-respiratory problems when I have clearly indicated serious problems in both areas. I stressed throughout the form my anxiety problems and their affect on my nervous system and having extensive nerve damage from throat to toes means strong medication which cause mood swings, cognitive impairment with concentration and poor memory. All of these have been dismissed.

Unfortunately my doctor 'failed' to send them any medical evidence, which surprises me greatly. They mention a Med 3 throughout their decision, but no medical/sickness note was sent to them, the last one was years ago, as I had been on incapacity since 1991. So which Med 3 were they referring to?

I can certainly dispute that my drugs give me significant neuropathic pain relief, as I stated throughout my form that i am in constant pain but cannot take morphine. In fact on at least 10 of her statements I can dispute what she has stated. I am amazed that no at Atos and the DWP has actually read my detailed information...most has been ignored. I am quite sure that the welfare rights officer who will be assigned my case will pick up on all of these points.

Is it common to be in this position?

Hi TCP,

A MED3, is simply a sick note/fit note, obtained from a G.P.

It does seem quite common for the ATOS HCP, to draw their own conclusions with regards to a claimants expressed level of limitations.

bro58

Thanks bro58

The annoying thing is that it's all in my medical notes, so hopefully the WRO can help access them. None of them have a clue about autonomic dysfunction, ME or POTS. I know they all want me to disappear, but I have to get the truth out somehow.

Has anyone challenged the DWP/Atos to a law suit on the grounds of undue pressure to work making their condition worse? I am very curious about this as I have told my family to seek a solicitor should my health deteriorate because of all this stress on my mind and body.

Cheers

TCP

TCP wrote:

Thanks bro58

The annoying thing is that it's all in my medical notes, so hopefully the WRO can help access them. None of them have a clue about autonomic dysfunction, ME or POTS. I know they all want me to disappear, but I have to get the truth out somehow.

Has anyone challenged the DWP/Atos to a law suit on the grounds of undue pressure to work making their condition worse? I am very curious about this as I have told my family to seek a solicitor should my health deteriorate because of all this stress on my mind and body.

Cheers

TCP

Hi TCP,

Not that I'm aware of personally.

bro58

Thanks, Bro58. I'm sure it won't be long before this may happen.

TCP

I've now found out after making 5 telephone calls that it wasn't the appeals bundle that was sent but pretty much all the same information, including all my letters/forms etc...why it was sent to me no one seems to know.