atos medical no points

i just recived a phone call after atos medical to say i been awared no points and asked them to send me the appell form out so i can appel against the decision after going for the medical out come what do i do to get some help to sort it out any addvice please as i was in my wheel chair and could hardley move ha to have my carer push me in the wheel chair and done as much of what they asked me to do to be told i scored no points today

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  • Sorry to hear you got zero point wonder if you saw the same Atos HCA I did - who wasn't even a doctor and didn't know anything about FM or listened to any of my other conditions,

    Write to dwp and ask to appeal the decision, in the letter ask for all documents used in your decision. Then when you get them yoou can either try to appeal yourself of go to CAB or Welfare Rights and get them to help you with your appeal.

    Also ask to be put on an assessment rate while the appeal is pending, otherwise you'll get nothing - assessment rate is £71 atm

    I fail mine in mid June and just got a letter last week they are looking at the decision again and if not successful they will then forward it to the tribunal - which can take anything up to 9 months atm so many people being failed and the appeal are through the roof.

    So it may be some time before we hear anything

  • i had to go to the one in hereford they did not seem to take anythink in to account that was said in the medical i have already asked them to send me te appell papers out while on the phone to them as not happy with them hope you get better news soon best wishes pete

  • Hi Bodeia,

    I have been waiting since January this year, now the time is almost here, Monday is the 2nd Tribunal I'm going too, as the first time they lost my files!!

    fingers crossed this time!!!

  • You are the same as me I got no points either my appeal is just in the process, Go to CAB they will help you x

  • Have you got the guides from Benefits & Work? If not, email info@fibroaction.org and Emma can send them out for free.

    This information may also be of use:

    fibroaction.org/Pages/Benef...

  • Contact your local D.I.A.L they're really helpful. Good luck x

  • Hi Petervaughan

    I have spent the year doing the same thing as we all have . I live in rented house and the minute you are informed of your nil points -all monies stop. Ring straight away to get new claim in use the date of being seen if you haven't been told when it stops. If you rent your home go straight to your council benefit office they will get your rent sorted. CAB went over my new claim for me - I filled it in with the help listed on these sites. I also went to the mental health for help & got a lovely letter of them - Believe me you need as much supporting evidence that you can possibly get. I have now been put in the support group. This time around I took my daughter with me to my medical--she had a notebook and pad taking notes. I requested someone who new about ME & Fibro - there was a doctor in the room. I am having Physio---I refused to do that raise your arm etc......Good luck...read all the stuff on the help sites and write as much as you possibly can on the forms . While you are waiting for them to come write yourself reminders of all the twinges the pain the being unable to do's. We probably forget more symptoms than we ever express.......xxxx

  • I find the way ATOS is working to be absolutely baffling. I have answered to blogs tonight, this one no points(as was mine) and someone else getting into the support group. IThe left hand does not know what the right hand is doing. I am also wondering if the fact that Fibro is recognised by the government to be a 'potentially disabling illness' is getting out and some ATOS doctors have a heart afterall and put peoples health before their own pay packet. I am just not sure anymore. You could seek the help of CAB or Welfare Rights for your area and appeal your decision. The beauty of doing this is that they have the 'book' with all the offiicial descriptors in for the questions in the ESA forms, and you would be surprised how much it actually differs, they can go through the questions with you and get your answer to see how many points you would have got and so on. Now when I got my medical report back, this was only the second time I had failed medical, the other was many years ago for DLA, and I won that tribunal and came away with £3,500 back pay and an indefinate award. On going by the descriptors I should have scored around 80 points in all, but apparently if you get the least required then they stop at that. I got no points after being on Incapacity Benefits for 20+ years. How did the judge deal with it, well they basically had me to the point where my Emphysema kicked in through stress and my fibro went through the roof. So the judges took the easy way out and agreed with the ATOS doctor. The same doctor who was told by me that I had COPD plus about 15 other illnesses inclusive of Fibro, claimed he listened to my chest and found no sign on lung disease, he never listened to my chest. He claimed that I had perfect vision and I read the chart perfectly, I had milk bottle glasses and I was not asked to read a chart, and so it went on. Apparently I was able to show him all my medications and take them from my bag and put them back, I handed him my printed script list, the only meds I had on me were inhalers! I could not have provided them with more evidence. Oh and by the way I got up from a squat position VERY quickly and could touch my toes, I refused to touch my toes and had I squatted I would have fallen flat on my face. I heard him call my name in the waiting room, of course I did I was the last one in there, nothing to impede my hearing, you get the picture. ATOS doctors are not worth the paper their names are printed on. Also the software they use is serioulsy flawed in the fact it only gives room for yes or no answers and they spend more time looking at the screen than they do watching us xxxxx(good luck with it all and I hope you are successful in your quest, do not give up)

  • I find the way ATOS work absolutely disgusting. How on earth can they make claims that are clearly untrue?? Are they a law unto themselves? Something has to be done about this!!! XX Hugs to you all.

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