WOW well done to your friend for beating them at own game. YES YES YES. such sound advice. Thank you for sharing it. I believe having been through one "fictitious" ATOS report for DLA where the dr wrote that he believed I was "pretending" to have physical symptoms and living like a disabled person because I could- I will now NEVER do anything a report DR asks me to do. My problem is I am very disabled, but also very flexible as double jointed, so I would pass any medical, but remain in pain!
I have taken this advice and I will also pass on this success story to others I know.
I had decided when my ATOS assessment comes around (I'm expecting to get THE letter any day soon) that I was going to go in as if it were my worst day as this is what the CAB advise you to do. It seems perfectly sensible to refuse to do the things that you know you can't do when you are having a bad day...
Of course it may just be a bad day... ... ... in which case there are many of us that simply may find it difficult if not impossible to make it into the medical!!! But THAT, of course, would mean that any benefit would stop as this is seen as "being difficult!".
Seems madness that being too sick to attend for your assessment = fit for work????
So glad that your friend stuck to his guns AND had a rave at the doctor though ;-). They need to see people who won't take their "assessment" without being assertive.
I wonder if these Doctors who are doing these type of assessments are feeling the damage and pain that is caused. They must have started as a Doctor with the intention to heal and help the sick and now they are spending the days, weeks, months and years hurting them and in some terrible cases, causing people to even kill themselves. In a strange way I feel sorry (slightly) for the medical staff.......for it is a great shame that they have lost their way to such a degree they no longer feel or see the damage being done.
I'm more surprised that the HCP didn't stop the assessment & report him for not co-operating as that seems to be what happened to others I've read about.
do you think they get financial rewards for booting more and more sick people off benefits??
That was a clever finish and how true, I refused to do some of the movements my visiting dla doctor asked when she visited and when she asked why I told her I was in too much pain, they look at you as if you're insane or cheeky if you refuse, I was knocked back but am appealing by the way, but I think thats a good idea, because if we are in pain which we are, and consistanly achy and stiff, how the heck do they expect us to stretch all our limbs like that, also theres the fact and this is a BIG fact we could always say the truth that if we did all those stretches we would'nt be able to move for about 4 days afterwards and stretching brings on a flare.
Do you know what wrecks me, why do they plot against you and claim you can walk 200 yards whan you obviously say the opposite, and a big also, our serotonin and other hormones and stuff dont work properly so we are prone to a dreadful depressed state, now the only thing that really gets those working is a little walk (because it gets the serotonin etc working and makes us start to feel a little better in our bodies and puts us in a better mood so we think to ourselves, boy I'm going to suffer for this walk tomorrow I'll be so stiff and sore but I sure as hell feel as if my mood has stabilised for today now anyway, so if we need a little walk to get our serotonin work so we dont wonder why are we here at all, why can we not be allowed it, why is that part of getting dla not recognised for fibromyalgia sufferers that we NEED to go for a walk when we can, and should not be victimised for it because we are, I have to add that I'm not able to go for a walk every day, I'm too sore and stiff, but if I do go for a walk even once every week it makes my life more livable, sorry for ranting but that really gets me.
clairebm...you rant all you want,we all feel like you,I go shopping with my hubby(,who's b'day it is to-day..bless him !) and he will say to me "hold on to me,cos we're been watched....these people don't know or understand,I wear a very uncomfordable backbrace & when my back is really bad I wear two,a back brace and a back support belt,I do this so I can stand up right,so I don't feel as if my back is going to collapes on me or I am going to fall over..( my disc's,narrowing of my spinal canel,changes at faulty disc's,plus pins & needles from both buttocks down to my toes plus weakness on my left side) so If they want to watch me ,carry on I know my prognosis....THAT BLOODY WHEELCHAIR!!!....
Hi I have the same narrow 2 vetibray pins needles feet and thighs cronic pain all time disk done in same shite I can't even get pain relif or supporting letter off doc got esa all happening every doc I meet not been gd at all had loads bad runs been fitting it years
I know how u feel frustrated just going a prob for me
HI SOMEONE AT MY SUPPORT GROUP SAID AT THE MEDICAL THEY ASKED IF SO SORE HOW COULD U PUT UR EARRINGS IN AND CARRY A HAND BAG SORRY ABOUT THE CAPS ITS EASIER FOR ME 2 TYPE X
My friends friend went to a medical and every question she was asked she answered " Ask my GP".....I don't know how she did it but she passed,but my gp was saying atos/dwp are saying to people that they have been in touch with there GP when in fact they haven't ....and the GP's are getting the blame when infact they disaprove of what atos/dwp are doing !
I am adding to this, it is now 2016 and yes Doctors are consulted. I had my medical 4th of April and the Dr told me that the DWP do get in contact and did take notes from the Dr. I passed my medical at first attempt, which surprised even myself.
All of the above I can agree and feel - but this is still happening to us - I just wish someone with some real know how would do something about this - I do not want to sit and make my symptons sound how they are at my worse at my atos assessment but if I happen to get there on a good day then what do I do ....... I am an honest and was a very hardworking person until I got ill - this is a terrible situation to be put in almost unbearable..... I am waiting at the moment any day for my assessment to come through but no news yet!!!!! Sharon D
In other words, either 'plead the 5th ammendment' or risk hanging yourself by your own honesty? This is supposed to be a civilised society, and if it's true that we measure 'civilised' by the way we care (or not) for the young, the sick & the elderly, it would appear that we are far from civilised and the Law of the Jungle/Survival of the Fittest still reigns supreme! How do these people sleep at night 'cause I dont think I could!! Still, come the Revolution ..... lol
After I posted my last comment I asked a Lawyer, who deals with benefit tribunals etc., to read this blog and asked what he thought about saying "I can't" or similar at an ESA capability assessment. This is what he said:
Hi . . . ,
This raises some very interesting points, some of which I was thinking about only the other day.
If you go to the ESA under the magnifying glass post ( mylegal.proboards.com/index... ) it has a link to the latest ATOS guidance to HCP's. In no way should an HCP force a claimant (which I suppose could arguably extend to mental duress to perform a function) to something which puts them in pain. It has been mooted that this could constitute an assault although I'm not sure if any one has pursued this. HCP's are still bound by rules relating to their professional conduct.
Clearly a claimant needs to be assessed but this must be carried out with regard to their range of limitations. The claimant should make it clear they are not refusing, it may be worth asking a GP before the test as to which elements of it can reasonably be declined. I'd advise a claimant to ask the HCP for a look at the note on the ESA85 medical report over what has been written down over the 'refusal'. People should complain if they believe they have been improperly assessed.
An HCP would however be quite entitled to form their own opinion over the nature of the refusal. If for instance someone went in an arm sling it would be quite unreasonable to ask them raise their arms (either as one will affect the other).
If however a claimant walked in after been seen waving his arm around then the HCP could opine a view that the claimant's refusal wasn't consistent with clinical observations.
On the issue of benefit fraud I agree; these claimants are being labelled fraudsters and I'm going to be covering this on the 'Benefit fraud - who's cheating who?' article soon.
Really interesting and useful posting this. Thank you to both Muffin and Lima. I have printed out some of the info provided by Nick at mylegalproblem. Very useful, xxx
SO TRUE I AM GOING FOR A MADICAL 2 MORRO I AGREE THAT IT MAKES US FEEL LIKE A FRAUD I HAVE BEEN WORKING AS RECENT AS 2 YEARS AGO I JUST CANNOT DO IT ANY MORE I HAVE WORKED NEARLY ALL MY LIFE BUT COULD ONLY GET WORK IN CALL CENTRES RECENTLY AND COULD NOT COPE WITH TARGET DRIVEN JOBS I WAS CRYING ALL THE TIME MY FIBRO FOG HAS TAKEN OVER MY LIFE I WILL BE TAKING MY CV AND ALL MY EDUCATION CERTIFICATES JUST 2 PROVE I AM NOT LAZY I HAVE ALSO DONE VOLONTEER WORK WHILE I WAS LOOKING 4 A JOB WHICH I HAD 2 GIVE UP DUE 2 FIBRO SORRY 4 CAPITALS AND NO PROPER GRAMMAR IM NOT SHOUTING JUST FIND IT EASIER 2 TYPE WISH ME LUCK AND SORRY I WENT ON A BIT TAKE CARE XXX
I have just been sent the forms to aply for my nest ESA claim and so that is why I'm on here and have spent the whole entire weekend thinking and focusing on the tasks and activities that I have great difficulty doing on a daily basis . I am diagnosed with Autism spectrum disorder and have a learning disability with it and am looking online for info on what to expect for the second Face to face assessment . At this stage I have only just been sent the forms and it usually takes about at least two months before they actually do call you back for an assessment so I have plenty of time in which to prepare.
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NN
ESA no medical worried sick
Atos Medical
ESA & PIP - IMPORTANT to KNOW HOW 
No ESA medical house visit dla
Had my ESA yesterday
