i had sent them a dwp doctors report who examined me last july at home through the courts for my appeal, it all went in my favour what he wrote but as he was given the wrong paperwork to fill in it should of been for esa but was dla that he wrote the report on, well anyway sent it off and waited and waited eventually i rang esa and asked what was going on, they said that ATOS did not need to see me this is the 2nd time they havnt sent for me on the trot, well anyway she states that i have a significant level of disability due to fibro but there is no evidence to suggest i could not mobilise more than 50 metres right she has never used all the evidence i sent her, she further states that i am likely to satisfy physical threshold as last report? that was done the same no medical then? how the hell can they know all this when they are not seeing me? on last report a registered nurse who did report stated that she advised that work could be considered within 12 months well 12 months later this registered nurse advised work could be considered within 18 month? the advice from them is that the time considered for me to return to work getting longer and longer over time?
She further states at end of report that the available evidence suggests improvement is unlikely in the longer term? what does this mean, im waiting for my appeal date gonna fight this till the end to get into support group, they are just keeping me in the wrag as my money ran out last april and since then as my hubby works over 24 hours i dont receive anything from them, the whole thing is one big joke.
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bellablot
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hi bellablot this must be a automatated generic letter for ESA claimants who are trying to get into the support group, as i too received the EXACT WORD FOR WORD letter from them and my circumstances are the same as yours, as in my money stopped as my partner works !! i couldnt actually believe what i was reading as it matches my letter so much !!!!!!!!!!( significant level of disability due to fibro but there is no evidence to suggest i could not mobilise more than 50 metres )( she advised that work could be considered within 12 months ) And . . . it was a RN that "allegedly" examined me !!!!!!!!!!!!!!!!! how the hell can this be legal !!!!
have you asked why they haven't called you for a medical assessment?
have you asked if you are allowed to insist upon one, or may be they have written to your GP for further info, have you asked?
If the doctor who came out to see you wrote a report based on a DLA form surely this is not acceptable if the assessment was for ESA because the assessments are completely different. One is looking at how life effects you and your ability to walk, the other is looking at your ability to work. When they use the term mobilise, that could also mean by using wheelchair. This was explained to me by the doctor at my ATOS assessment.
I know sometimes they do use one doctors report for both claims, but they must state they are doing so, you also need to ask them to clarify anything you don't understand in their letters.
the last 2 times they didnt send for me to have a medical just went off the esa50 forms i filled in, ,when i went to my first tribunal it was adjourned as they wanted more evidence and were sending a doctor out to see me, ive got the statement of this , in the mean time i had applied for dla but was turned down, the doctor came out to see me and his opinions were fantastic all in my favour, i was sent a copy of the report , then my tribunal came and the judge turned round and said we cant use this as its came after the decision makers ???? i said well you asked for it she just looked at me, she asked if i got dla i said i was turned down, she said send this report to them and they will certainly change their minds, i lost my appeal? so i sent form off to dla and they rang me and asked where and when did this report get done as they didnt know anything about it? anyway i won dla, but all of this is so confusing, do you think if i send a copy of judges statement and a letter with it explaining the mix up of the report they will look at it ?
I'm starting to wonder if they have a standard report and just change the names; apparently, during the next 18 months I'm going to lose half my weight and be able to work again. You can go to the Nursing & midwifery website and search for the nurses' name; I did and learned that, when she examined me, she had only been registered for 2 years 4 months. I've also put in a freedom of information request, asking exactly what extra training they have to examine FMS patients. So far, the only extra training I've found is this:
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