British Lung Foundation
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Advice Required Please.............Can I claim any Benefits ?


While being off sick from work, I recently had the misfortune to have been humiliated by the SS, sorry ATOS.

I scored a big fat zero, was kicked off of ESA & told me to contact my employers as they considered me fit for work, although they did recognise that I have a disability !

This was all despite me also being signed off work by my GP !

As I'm not used to claiming benefits, due to working all my adult life, I gave in and went back to work.

I was then deemed as unfit to continue in my position at work by the company Doctor, and was given 6 weeks to find an alternative role within the company by my HR.

I have now been given 3 months notice by my employer, and have been retired under the ill health severance scheme.

51 years old, & 21 years service down the pan !!!

How do I stand with claiming benefits ?

I have been deemed fit for work by ATOS, and now after resuming work I have been retired under the ill health severance by my employer !

Please help, as I am now totally perplexed as to what to do.


Dave xxx

6 Replies

I gave some advice and links to someone else only last night - have a read here:

Benefits and ATOS are like opposing poles of a magnet ! Gather as much evidence as you can, like your company doctor's findings, the letter from your employer and anything you may have from your own GP to support your case.

You should really have appealed the ATOS based decision at the time, that would have forced the DWP to look at your case again. It's well known that ATOS are there to give zero scores to anyone they see...


A couple of noughts too many ? - it's 03000 030 555 ;-)


Ha Ha trust you to notice that xxx


Keep a diary and all records, CAB and helpline should help steer you through atos barriers


If you are being retired early on health grounds you should get your company pension - they should credit you with the contributions you would have made up to retirement age and pay it immediately in full.


Hi There

I am sorry to read of the problems you are having. As others have mentioned it may be worth looking at your company pension scheme, although, this could have an effect on other benefits such as ESA.

You could apply again for ESA - just because you have been found fit to work by the DWP dosen't mean this is right - so you could apply again. If you apply for Job Seekers Allowance (JSA) you are declaring yourself fit for work! There is also a non means tested benefit called DLA - that is non means tested but is based on difficulties you have with personal care and mobility.

If you would like to call us on the helpline 03000 030 555 we will be more than happy to discuss this further.

Best Wishes



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