My Appeal turned down

Hi all ,Today got my decision on my appeal and been turned down , they state i was sending them info from my doctor which i did, they said not had anything , i sent it recorded and it was signed for . In my appeal i stated i was not examined at all not even told to get up from the chair yet my letter explains in great detail about my examination that i could touch my toes , turn my neck , hold my arms above my head the list goes on and on i have read horror stories but my report is all lies after lies after lies i now have the name of the person who did my medical and want to know if anyone knows if any of these liers have been sued because the way i feel now i want to get a solictor on the case .All i wanted today was the dreaded letter when this morning been and had steroid injections in my muscles in my right shoulder had them in left shoulder 2 weeks ago but hey i am fit and well for work so they say

25 Replies

oldestnewest
  • Dont know about suing any o e but mine wasthe same apparently i walked there . Its 70 miles from my house so i dont think so ! An they said i refused to do what they asked . I dident refuse i carnt touch my toes or rase my hands above my head . I tried but i was realy ill that day an nearly passed out when i stud up never mind jigging about . They r a bunch of Liars , but then there being paid to be !

    Ive bean toldthe trick is not to go in the room on your own im taking 2 people next time .

    Good luck i think a lot of people will be doing somtjing about it x

  • I feel for you. I had same thing happen to me last year, but because I had moved, my drs notes hadnt come through. They have this time, I appealed again, I have been waiting 16 months so far and have been adjourned twice, If I dont get it, I am so scared because I have more than ever to pay out and very little coming in, I have needed extra help for 4 years and I feel like I have just been left to rot. I have to go Job centre tomorrow to discuss my benefit and Im not sure what or why I have to go if Im classed as sick, I worked for years and I feel bad I have to claim but its there to help sick and I shouldnt feel like Im doing something wrong. Good luck with your next appeal, dont give up, we have to keep fighting this.

  • I don't know about suing either but worth contacting solicitor for advise. I had home visit from doc who said if i didn't go up stairs and lay in bed he could not do an assessment. I crawled on hands and knees to the bedroom and had to bum bump back down he put was seen to go up and down staris easily. I could not stand without falling over as had severe virtigo but he said I could walk unadided and fend for myself. All lies. I believe in any future medical I would insist on having a friend or third party present. I hpe you get this sorted. I did indeed eventually get my claim but the stress was terrible x

  • I get the feeling that if you were wheeled in on a stretcher they would say"Fit and well, danced a jig and did three somersaults - definitely fit for hard labour"

    I would not like to be thought cynical, so I won't say that the £14,000 they get for each person they declare fit has anything at all to do with it!

    Moffy x

  • hi,£14,000 for each person?????? is this true or a miss type? x

  • That's true - it's not a typo!

  • hi

    It can be so tough and hard work and like ladymothy says if you was wheeled in as i was going to say it still be the same!

    you really do have to fight and fight hard but never give up just like you are with your illness you keep fighting it as we all do so fight and do not give up and it is great that you managed to get a name of the Examiner or the person dealing with everything so make this clear when sending a letter and see your GP as this is also further stress on your behalf.

    Too many i think just let things pass and do not do anything about it and others get away with it well this year am not going to be taken for granted anymore and i think you need to stand up and continue your fight .

    i give you a soft fluffly fairy huggie and wish you the very best of luck on trying again.

    as for sueing not sure you can but you can seek CAB advice as if you feel all lies then see what you can do.

    never say never :-) xxxxxxxxx

  • I know how you feel. He did about 5% on all the things he said he did with me. I went there, never even thought to have a home visit. He tricked you into going upstairs and you did it,t hat was all he needed. They use anything. If it is ahome visit they look around any place they can look. In your case he got to see upstairs and down, tricked you into going up and then falsifying your movements. If it had been me I would have refused to go up those stairs. they are paid to use every dirty trick int eh book so they can get their hands on their extremely large paypacket. If you go to them, you walked there, you walked easily and quickly to the examination room. You sat straight, you did all the tasks, you got onto the bed and off with no problems, and you managed to open the door on the way out with your right hand. I informed him I had lung disease, he claimed to have listened to my chest and found absolutely nothing wrong with the lungs he never even listened to! I showed him my glasses prescription, and my glasses so he could see that my lens are 5mm thick, he said he tested my eyes and found no problems with my eyes, he never tested my eyes. I squatted down and got up very quickly without losing my balance. I never squatted as if I squat down I fall forward because I have menieres and tinnitus so my vertigo is pretty bad. I informed him I had duodenal and stomach ulcers, hiatus hernia, stomach and duodenal scarring and esophagul scarring due to extremely bad acid reflux. He said he found no signs of the ulcers and scarring reported on my legs!!!! Oh and I had normal hairs on my legs. No I take it that means I shave them regularly so they had grown back normally. I cannot shave my legs more than once every couple of months. Appeal and do not let them get away with it xxxxx

  • Sorry I mean apply for it again and keep them busy, not appeal xxxxx

  • Blessed

    that is some sad news really sounds F uped they did the same to my mum and she is suffering and if you ever met my mum you see she can't work. I hear they are looking for people aged 60 to retrain for work.

    England gone Man

    Sending much love much Blessings

  • Hi,

    I wonder what they are going to train us all for when there are no jobs. We are all being victimised and it is despicable.

    Yes, rasfire, England has gone...to the dogs as we say!

    I hope you manage to get your mum the help she so obviously needs. Keep fighting We are all in this hell together.

    Bless you and your mum. Love and hugs Saskia ( typing one handed as I fell and broke my wrist today, so it is in a plaster ).......XX

  • Hi jane,

    So sorry to hear about your problems and the lies which have been written about you.Keep fighting. We are all here to give moral support.

    Thinking of you with love. Hugs Saskia. XX

  • Unbelievable!!! It's like living in a certain African country, which I shan't mention, where things could only get done if you crossed the palm of the other person with silver, if you get my drift. So many lies!! Have the "consultants" no conscience? How do they manage to go home and sleep at night knowing that their lie could cause loss of life (in some cases, not yours). It really beggars belief.

    Jane, I sincerely hope that this can be sorted out for you. Stay with the site and keep talking to us :-) sounds like you have all your ducks in a row, not sure if you said whether or not you'd spoken to your local MP.

    Stay strong Jane

    Thinking about you

    Mel

    xx

  • Hi Mel , i fully intend to fight for my rights having paid into the system for enough yrs, i want to name and shame my NOTE TAKER but again atos have shut one site down , today i shall be making phone calls to see how i stand , if i could copy and paste my report i would but its pages and pages , she it seems went from my toes to my head when she examined me , when the lier never even touched me at all she never even asked me to raise my arms , i know the BBC are asking people to send them details of medicals so thats another job on my list to do , but at mo things little bit difficult with shoulder as i had steriod injections in right shoulder yesterday and its killing me, i am left handed so luckly can typo one handed will keep site updated thanks for kind words xxxxx

  • hi,my assesment was full of lies {they called them inconsistancies!}....i complained to ATOS and got an appology!!! so its worth going down that path,the DWPs latest leter said...We have reached our decission based on your account and MEDICAL ASSESMENT!! i rand and explained about appology etc and they said they would look again at my claim...ATOS said the doctor that did assesment would be investigated and that WP had been informed...yet DWP STILL used information!!! DWP asked me to send in a opy of ATOS letter... ermm why had they not got it??? my good lady from CAB said WHY wasnt it attached to my records??..so im waiting for their responce ...so perhaps you could go through medical and list EVERY point they were wrong in...i sent 24 A4 papers in all things that he either didnt do and said he did...and things that he had contradicted himself about..{a lot i may add}..i honestley think that they dont expect us to read the entire notes ,so that we will just give up!!,please try.it took me and my son a week to go through it all and type and print it all but i feel this is what we have to do...keep me posted,,and FIGHT!! xxxx PS. i even erquested a full written statement from the judge from my tribunal and guess what?...it was done in long hand. {so i call that making notes!}...and that was a joke to ,but cab said to leave that for the moment and concentrate on the claim..if im succesfull then we will go back and deal with him! xxx

  • well done for your perseverence xxx

  • This is so unfair Jane, I really feel for you and fear for all of us. This just means we have to provide every tiny bit of evidence we can even if it seems petty. Make sure you get the names of everyone you deal with and let them know you are making note of it. Record everything, keep a stupid diary [sorry but we should not have to do all of this] Take photos, copies of everything and I mean everything. If your report said he did an examination and did not find these things, make sure you have medical reports finding them in the first place, even since. Sorry, you probably realise all of this but thank you for writing about it. I now know what I need to do, and will begin now before I need it. As it is I am gathering evidence to keep my job. Get a friend to say on paper that they shaved you [even if they did not] but if you show them the before and after they can at least say that. I have found I don't need to shave more than once every six weeks, maybe something to do with age or medication maybe. At least now you know where they lie and can provide evidence for every area and keep doing that. What about saving your information on a memory stick which you can attach information to so you get it back!? Then they can see it and maybe save or print it for themselves? We all sympathise with you, its not right, also we know what pain is and how hard things are. Look after yourself and get a friend to help work out an action plan.

    Good luck! Keep going!

  • Thanks for the advice, as I will be taking someone with me if I get the medical, as still on waiting lists for the rhymotology.....Lets hope that these money grabbers are seen in the true light soon...xxxxxx

  • There is only one way to bring ATOS down and that is to do what Cait Reilly did, contact public interest lawyers and get your case heard in the High Court. Get ATOS to explain why they are using nurses/midwives etc with insufficient qualifications to declare people fit for work when they have been signed off by fully qualified GP's as unfit for work.

  • You should really speak with a fibro organization nearby and get a solicitor with the right knowledge and experience. I understand how frustated and upset you are and the only way is to keep fighting for your rights, You need the right person though, you cann't do this on your own. It's unfair, but that's the way it is - you need a good solicitor to take the case to the upper tribunal if this apply or to do it again,- depends on the advice you get. But you definetely need the right person to help you - once you find it you'll start feeling better and more at ease. My advice, do it - don't let it be it's not just unfair to you but to others like you. I really hope you start feeling better soon. Big hug :)

  • Hello Jane,

    Please don't give up - you have come this far and you should carry on with your fight. I would suggest that you contact your local Law C

  • sorry, local Law Centre, just Google Law Centres in Brighton for example. There will be a solicitor trained to give advice, help with appeals and tribunals and go with you who are trained in Benefits Law. They do not charge anything as far as i know. I phoned one after my DLA was refused and the solicitor gave me some excellent advice over the phone. I am definately going to contact him again for help when i am ready to do my next application. Give it a try - youve got nothing to lose.

    Good luck.

    XXXXXX

  • im so sorry you are and the others are having such a battle with assessments that aren't being recorded properly. Do they not understand the word TRUTH!

    I wish there was something we could all do.

    I am now getting very concerned as the firm called CAPITA who are similar to ATOS are taking over some of the PIP assessments.

    I have already encountered CAPITA this past year and am holding off making a formal complaint to the GMC. The doctor I saw and one by ATOS were both GMC registered Doctors. I wasnt seen by one of the other 'healthcare professionals'. i am just scared it will jeopardise my pension claim.

    This doctor is an Occupational Heath Doctor and he hasn't kept full accurate and legible records …a requirement by the GMC to do with my claim and they are using information from his recollection and that of his member of staff….

    I am even quoted as saying I was about to have a panic attack! Ive never said that to anyone in my life as when i have had them i haven't even been aware of whats been happening to me!

    He also said that they recollect me attending by wheelchair unaccompanied…. 30 miles from home in a NON electric wheelchair, it may have the big wheels but i can't push myself as at the time of the appt i was suffering from carpal tunnel and still am, altho i have now had the op, my fingers are still the same!

    I couldn't push myself 3 yards let alone 30 miles and if i was said to have had a panic attack why didn't he offer me some water and ask how i was getting home? I forgot to say, i couldn't drive I was suffering double vision because of the meds!

    The tribunal is going to be held 150 miles from home and they are saying it wont jeopardise my claim if i don't go… no, like hell it will!

    its already been compromised by a stupid doctor who didn't listen to me!

    I think once CAPITA get on the PIP bandwagon, theres going to be more of the same and its actually making me feel life isnt worth living with the way we are being treated.

    sorry to sound so down, im not about to do anything silly. its just the way I feel. i cant get any help with this claim as I left the job 17 yrs ago next month. i just wanted to claim my pension early, which actually was their suggestion as i had been on Incapacity benefit so long.

    they turned down the claim stating there is treatment available to make me able to return to a job similar to what i was doing prior to the age of 60.

    So there we are, CAPITA are saying just the same.. do they not think in 17 yrs i would have wanted to work and not rely on medication to keep me going. I actually feel the past 17 yrs have all been wasted. I would have loved to carry on working. sadly Fibro isn't my only problem. We get no help as my husband works but is on a low wage. i have asked the CAB, they couldn't help but if it were a benefit claim they said they could help!

    I feel like i'm a burden on my husband and useless that I can't do anything!

    Wouldn't it make sense if you are saying you cant work because of mobility problems, that when you go and see a doctor you actually want him to see how well or bad you can walk!

    For me its uncomfortable to sit in a wheelchair! Although I can't walk very far at all I wanted to walk in there! it was only a few yards!

    Because he never kept accurate records he most probably has got me mixed up with someone else and because of this I feel my claim should be cancelled and i should be allowed to do it again, but the stupid thing is…. because of where I live the stupid Capita Doctor is the same one who I would see on another claim!! they think they are doing me a favour by letting it go to the final stage of the appeal, but why should I have to be subjected to another grilling by another doctor when that one should have listened to me in the first place!

    sorry for going on, but I wanted to let you all know what there is to come too….. CAPITA are as bad as ATOS!

    Apologised to admin if I am breaking any rules, i hope i havent but i think everyone should know what we have to come! I just got a letter from DWP about the changes to PIP today and am dreading it. I dont think I could go through all that again. They are just hoping that we will give up and die!! sorry to be harsh.

    Hugs to all ((((hugs))))) xxx

  • Good post Fibro, welcome to the regime of ESA. If you look at the acronyms you will understand why you are being treated badly. Both ATOS and ESA are taken from the word Gestapo. ;)

  • That's a good point, esagestapo - does make you think!

    I'm sure that I'm not the only person who has noticed that your cat bears a strong resemblance to the late and unlamented Adolf Hitler!

    Poor puss cat can't help it, but what a strange thing. Is it your cat, or a stock photo?

    Moffy x

You may also like...