Employment and Support Allowance (ESA)
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ATOS & PIP Assessment

IT'S A MIRACLE!!! I am CURED!!
Up until now, all the most brilliant minds of the doctors and scientists, at research centres across the globe, have not been able to find a cure for my conditions! They can't even identify the rogue gene sequence which causes Hypermobility Ehlers-Danlos Syndrome, let alone find a way to reverse my body's faulty collagen! And as for my Fibromyalgia, POTs and autonomic dysfunction....well......that's cured too!
Yes! A MENTAL HEALTH NURSE from ATOS, sat with me in my front room, for half an hour.......with his MAGIC LAPTOP......and suddenly, i'm as fit and healthy as I was 30 years ago!!!
Which is just as well.....because without enhanced PIP I will lose my Motability Mobility Scooter and won't be able to afford the extra necessities I require due to my disability.....including thdesdoor water, gas and electricity I use!!
Damn all the previous DWP assessors, who awarded me high rate both for DLA, so many times....that I was then awarded it indefinitely. And that I was declared unfit for work long enough to have received NI credits for many years now!
If only they had that nurses magic laptop eh?!?

Yes.....i am being facetious! 
He lied through his teeth, and said I had full movement in ankles, hips, back and wrists.....despite the fact I was wearing hospital issue, rigid braces on all those areas throughout the duration.

He tripped himself up by stating I could walk the 50m to my car before needing to rest (when I told him 10-15m on a good day, on level ground).
I have photographic evidence from Google Maps which shows my parking bay is just 11.6m from my front door, and 50m is the far end of my road, in the turning circle.....and the other houses have driveways, so there is ample on-street parking immediately outside.

I am making a complaint, and requesting they disregard the assessment.

Wish me luck!!!

Replies

  • wilkowilko Member Posts: 2,289 Disability Gamechanger
    Those laptops I think you can buy them in Currys PC world you have to ask for them. Joking aside you have given us all the prove needed that the accessors that do these acessments are not qualified to preform these or right the reports that accompany them. It’s like sending a Gardner to fix your car, you have to request MR with in the time frame.
  • Firefly123Firefly123 Member Posts: 525 Pioneering
    Sorry to. Hear that it's like they make it up as they go along good luck with your MR 
  • moojoolesmoojooles Member Posts: 10 Listener
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Good luck with your MR, @moojooles. Do keep us updated.


  • moojoolesmoojooles Member Posts: 10 Listener
    Thanks all. I WILL be sending that complaint and supporting documents off to ATOS, as soon as I receive their official complaints forms.
    I want this assessor held to account. What he has done is fraudulant, defamatory, libelous, unprofessional, and calls into dispute every other assessment he has carried out while in the employment of ATOS!
    Believe me.....i will NOT let this rest!
    I am doing this not only for myself, but for every other claimant who has been unfairly assessed, but didn't have the strength or ability to see it through!
    I have already written to my MP and have requested a meeting.
    Will keep you posted!
  • jose2jose2 Member Posts: 128 Pioneering
    Hello @moojooles,I too went for my 1st assessment March 2016,and like you ,when I received my report back on my  assessment  with a young nurse (maybe 6 months out of nursing training) me worked for same profession for 30+,was told that I was cured ! via according to ticks in boxes that cure you on their computer,I had words with MR fella about untruths, was talked to like a fool via DWP,so without further hesitation wrote via email to Atos Health Care Professional ,sent emails to my local MP,sent off for a Tribunal date to be set up ,as I knew I would be turned down by MR (which of course they did), took a few weeks of letters flying back and forth but eventually Atos agreed with me ,and over-turned original assessment ,as that I do and have genuine illnesses,Well I would have  ,one been cancer .
    I too didn't do it for myself,I was so incensed what they are doing to other disabled an very ill people.
    Stick with it ! and sending you all luck in your quest.

  • moojoolesmoojooles Member Posts: 10 Listener
    edited October 2018
    Thankyou. And well done you, for standing up for our rights. I appreciate how hard it must have been, especially with cancer!
    I have received a letter from MP's secretary. She will be writing to DWP minister for disabilities with the issues i've raised! And i've also asked for a meeting (home visit! Can't attend the "surgery" for the same reason I couldn't attend the medical centre for my assessment! (Others, be aware of this potential trap, if you get MP involved. They may start doubting what you are telling them otherwise!)

    How did you go about booking a tribunal before you had the decision notice? I thought you had to have "permission" in writing (at the end of the MR letter) to request a tribunal?

    I am extremely stubborn, and don't give up when I have a bee in my bonnet about something!
    I will fight this all the way....well, it's not like I have anything better to do! Actually.....******* off the sick and disabled is a pretty bad idea if you think about it! We're already fed up BECAUSE of the limitations caused by our conditions, and daily struggles. Other peoples ignorance and incompetence is the final straw! If we are unable to work, and somebody is stopping you from being able to improve your quality of life (by stopping benefits) then what else do we have to focus our energies on? It's not like we have a full time job weighing us down.....we have all day, every day, to plot, scheme, rant, plan and campaign for change!!!
  • jose2jose2 Member Posts: 128 Pioneering
    Hello @moojooles,  I first got my refusal from from MR saying that they were upholding the assessment  report done by nurse at centre I went to,(but I had been picking all the things wrong from my report from nurse anyway)( I had studied the DWP note book,and all the things that they were supposed to do with me at) i/e,  1) was that they had not seen how I could not walk on uneven ground outside ,when I quoted from their own note book on protocols  to the MR over the phone,he said that maybe they just didn't have time at my assessment or that  was maybe inconvenient for them to carry out this exercise with me,I told him that wasn't my problem!,there were lots of other things too I quoted from their note book too  (he got quite irate with me),so I got the ball rolling and downloaded the SSCS1 form on-line and filled in same for a Tribunal, and waited for MR report which was same as 1st original refusal,they had given me mid rate care allowance but were taking my higher rate allowance away(you have to send a copy for tribunal,you get x2 copies one for you and one if you want a hearing.
    As you, taking my only form of transport away would have made me house bound ,so I concentrated just on the higher rate. On the form keep it very simple and to the point ,but the (I typed mine then printed it off,neater )  I put i/e  That I was only appealing the mobility part of the assessment ,as I accept the assessors findings for the daily living .Then I wrote My reasons for this appeal are in two parts, Part 1 of the mobility activities and part 2 part 1 section D, then my other was Part 2 section E (gave reasons ,I also down loaded and sent pinned to that sheet one particular illness I was contending ) yours maybe different to mine .When posting/ sending anything for tribunal make sure its registered letter and keep receipt safe.When that was sent off, started composing letter to ATOS (7 pgs sent via email)made a daily diary for 7 days ,letters from hospitals and other specialists and everything else I could find from years ago ,(get plenty of printer ink and paper and keep copies for yourself and  Tribunal,while doing all this wrote to my MP via email and he wrote back to me within a week , and also got intouch with Atos on my behalf,wonderful man ! , and then I sat back and waited for a date for a tribunal date  , instead usual brown letter from MR again saying that medical proffessional at ATOS agreed that I did indeed warrant getting the higher rate,I must say I had to have someone else confirm it to me, as nobody at DWP informed me that they were looking at it again. I have a bulging folder with all the paper work I did for weeks and weeks,I was drained mentally and physically ,got shingles to boot with all the stress ,but stuck with it and did it all on my own , and I'd do it all again if that time comes again in a few years time,
    I did it all in a business like fashion and after first intial anger settled ,kept my emotions out of it and tried to think logically from one stage to the next,so here's hoping that the suggestions to you in this long and drawn out mail to you helps somewhat ,I wish you luck,
    @jose2
       
  • BeastlyBeastly Member Posts: 4 Listener
    I was lucky that my partner's mum went to my assessment with me. She went, line by line, through the reasons for refusal of ESA and wrote a letter to the tribunal explaining why each one was a lie, including the part where the nurse said there were no tears even though I was in such a state I cried the whole way through and was mostly incoherent. She went to the tribunal with me to speak about it. She also went to my last assessment and took notes, unsurprisingly I wasn't refused this time. CAB said you should always have a witness with you if possible. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Beastly said:
    I was lucky that my partner's mum went to my assessment with me. She went, line by line, through the reasons for refusal of ESA and wrote a letter to the tribunal explaining why each one was a lie, including the part where the nurse said there were no tears even though I was in such a state I cried the whole way through and was mostly incoherent. She went to the tribunal with me to speak about it. She also went to my last assessment and took notes, unsurprisingly I wasn't refused this time. CAB said you should always have a witness with you if possible. 
    I'm very surprised your mum's partner was able to speak during your Tribunal, this is not usually allowed. Usually the Tribunal want the claimant to speak for their self and tell them in their own words how their conditions affect them. Sometimes at the end they may ask the person that's with the claimant if there's anything they want to add, but this doesn't always happen.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • moojoolesmoojooles Member Posts: 10 Listener
    My husband was sitting next to me for the duration of the assessment. To some, he can be quite intimidating, but obviously this assessor thought he was untouchable!
    That is about to change! I am taking this complaint all the way to the top! I WILL have his job! That'll be his Karma.....struggling to apply for JSA!!
  • mikehughescqmikehughescq Member Posts: 5,995 Disability Gamechanger
    I think we’ve heard this story and this type of response before. Understandable as it is I would concentrate on doing an MR and prepare for an appeal. Even if they lied you will find that an unprovable accusation and it will damage the credibility of your case. You also cannot ask for the report to be disregarded. Legally it can only be given less weight and whether that has any impact at all will depend on the weight of your own evidence. It’s not an automatic thing that discrediting a HCP report wins you PIP. With respect, all your energy here is being focused on the wrong things.
  • moojoolesmoojooles Member Posts: 10 Listener
    Ok, thanks for the advice. It makes sense!
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