Points at an atos medical: I went for... - Lung Conditions C...

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Points at an atos medical

stuwer231267 profile image
14 Replies

I went for my medical with ATOS which went fine and recieved a phone call from the DWP 4 weeks later saying i was being placed in the support group for 18 months (aug 13).I called the DWP a few days later and asked for a copy of the medical report (for my records) and was sent a copy a few days later.On the report it says it was immediatlet obvious that i was struggling to breathe due to my COPD and i have a bad knee which it states wasnt assessed due to the clients COPD as bending would have a serious affect on my breathing.there were quite a few positive remarks in the report and a couple of conflicting remarks.The main one was that the client MAY RETURN TO WORK AND UNDERTAKE WORK RELATED ACTIVITIES IN THE MEDIUM TERM,so obviously these ATOS "medical professionals" dont know that COPD is a progressive disease and if im unfit for work now how the hell am i going to be "fit for work" in 18 months time,but the main thing i wanted to say was that on my medical report there is no mention of how many points i scored at the medical (i know you need 15 to pass),all it says is "the client meets the criteria for the support group".i had one previous medical and it clearly states i got 0 points (which i appealed and won) without it reaching a tribunal due to all my medication and evidence i had (which ATOS saw).Would i be within my rights to question why it doesnt state how many points i got as this is all evidence on my behalf for the next form i get or the next medical i need to attend.Any help would be appreciated

Stuart

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stuwer231267 profile image
stuwer231267
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14 Replies
Preshous profile image
Preshous

The DWP decision maker should have your points score and should be able to provide you with it.

stuwer231267 profile image
stuwer231267

Thank you preshous but you would think that your points would be on your medical report after all if you fail the medical then it shows a big fat 0 points so it seams to me that ATOS hasn't scored me on a points system like they should be doing.At the opposite side of each question there is a 0 so why is there not a 6,9 or 15 beside each question?will call them and ask what my points score was and thanks for the reply

Preshous profile image
Preshous

From memory I think Its the decision maker that awards the points based on the ATOS report. Maybe someone can say for sure....:)

Gordon57 profile image
Gordon57

You may be able to make a 'Subject Access Request' under the Data Protection Act to see a full copy of whatever they hold on file against your name.

see ico.gov.uk/for_the_public/p...

It's a similar request as people were making to get copies of bank records to claim unlawful charges back, or finding out if debt collectors have the required paperwork to be able to hassle you.

There is a fee involved, usually £10, and they have 40 days to comply or they can be reported. First step is to write and ask for the information you require, use the template letter as a guide, and ask them to let you know if they charge a fee - some organisations don't.

Preshous profile image
Preshous

Wow talk about tempting fate I answered this post only to called by the DWP to say I scored 0 points on my recent medical.....seems I can use a wheelchair???? looks like having a chronic disease doesn't mean a thing these days.

stuwer231267 profile image
stuwer231267

Absolutley shocking preshous.make sure you get your appeal in straight away and dont let these idiots away with this as you only have 30 days to appeal.when a tribunal sees you in ur chair they will be in your favour ( if it goes that far).remember you need to send all your evidence to the DWP and they will go over it and could overturn their decision without it going to a tribunal if they think they havent a chance of winning it (like they done with me).good luck

Preshous profile image
Preshous

Off to CAB first thing to sort the forms. Daft thing is I have already won 1 appeal. Makes you wonder.

stuwer231267 profile image
stuwer231267

You dont need luck as its shocking the way they treat people with genuine illnesses and disabilities.they will just be hoping you dont bother appealing but i bet when you appeal and they see the evidence they will overturn their decision.its just the stress they are puting you through by these jobsworths

Preshous profile image
Preshous

well thats very true stu. I suffer badly from depression and they know this so how in the world they expect people to make any headway with their illnesses is beyond me. We need help not hindering.

stuwer231267 profile image
stuwer231267

Im the same i suffer from depression too but the examiner said she didnt want to see the evidence of my depression as she was only going to assess me on my 2 main problems COPD and my knee but after 5 minutes she said im only assessing you on your COPD and i was not to worry and thats when i knew i had passed.it depends how they feel on the day of ur medical but if you went in drunk or on drugs you would pass no probs but in your case they would call the cops and get you done for drunk driving.im sorry that was just a little joke to cheer you up and it certainly wasnt meant to offend.will keep my fingers crossed for you and keep your chin up,we all know you are a genuine case and not some sort of con artist x

Preshous profile image
Preshous

As soon as get the ATOS report I will let you know what lies she put in it.....lol thanks for your support..

stuwer231267 profile image
stuwer231267

Your welcome.the first medical report had absolute loads of lies in it.i took my partner with me and she said i walked in carrying a bag which i didnt (my partner carried it in)and loads of other lies.my partner wrote a letter along with my appeal stating about 20 lies in the report that either didnt happen or were reported wrongly(lies),so i dont know how she thought she was going to get away with the lies when i had a witness with me.youll probably read it and think its someone elses medical report your reading as thats what i was like.

My sister had to go to ATOS. She was claiming ESA due to quite severe osteoarthritis in her joints including her fingers, sciatica and a big toe that doesnt work. She was told by ATOS she had only 40 pc use of one side of her body and 90 pc the other.

When she got the official report she was awarded no points and was told she was fit to work!

She appealed - which took 7 months - and won it easily. They don't want to see her for another 18 months now.

So do appeal please - I heard up to 40 pc of these succeed. xx

timber profile image
timber

The ATOS sham,is exactly that, a great sham.

It is nothing to do with your medical condition ,it is there for one reason and one reason only,to reduce government expenditure on welfare.

The last government which introduced this scheme should all be hanging their heads in shame,as should the present government who are quite happy to carry on these attacks on the sick and disabled.

The huge amounts of money paid to ATOS (a French company) it runs into millions every year is the real waste of taxpayers money.

The real scroungers are those in power who allow and positively encourage this huge travesty of justice and fair play.

A very angry

Woody

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