I am Hypothyroid and claiming Employment support allowance.I was asked to attend an Atos medical and failed because of the way the interviewer twisted my words.I appealed and lost and appealed again.It has now been with them for a number of months waiting to go to a court hearing,has anyone had any experience of this and what should i expect? i am supplying my sick notes and other medication i am on does not allow me to operate machinery or drive and i also have typical Thyroid complaints,is there anyway i can speed this decision up.
Sickness appeal help.: I am Hypothyroid and... - Thyroid UK
Sickness appeal help.
Written by
henrythewasp
To view profiles and participate in discussions please or .
37 Replies
•
Presumably you're waiting for an appeal date? Your local JCP or the DWP should be able to give you a rough idea but I know when my friend appealed it was 14 months before her appeal was heard!! Thankfully she was succesful the first time. Did you completed the forms yourself or did you get any help? I personally use the very helpful Benefits & Work guides for filling out DLA & ESA forms & can honestly say that from when I first joined 5+ years ago my membership has been the best money spent. It might be worth at least having a look through the free sections of their website if you can't spare the money (I think it's currently just under £20 for the first year).
Aside from your GP's Fit Note & list of medication do you have any other evidence such as a supporting letter from your GP? Any hospital letters confirming your health problems? If so & you've not already sent them then send them now.
If I were you I'd certainly be looking for help from an experienced Benefits Advisor especially with having lost your first appeal. I wonder whether you might be better to start from scratch & re-apply with a newly completed form?
I wish you all the very best
Go the the CAB, they helped me fill in my form in the first place when I originally claimed and they were brilliant. I passed my ATOS assessment first time. CAB are fantastic!
I am continually sending in sick notes and information but cant find anyone that is willing to help me.
Have you contacted CAB? They were a great help to me years ago,I didn't go as far as going to court but they put up a good fight for me at an appeal and won. Good luck!
CAB have told me they can't help me with this.
Just to echo Harmony Angel's good advice, have you a friend or family member who can also follow up/submit a letter to your appeal file describing how your condition affects you and any help they give and send this on, if this is possible. Benefits and Work give excellent detailed support about how to appeal and they will also give advice on whether you can send on further evidence and also, taking a professional support worker with you etc.
I have exhausted all channels of help.The Benefits office have told me they cant help or give advice on appeals and i have tried getting support from social services but still no help.
Just to confirm, Benefits & Work is *nothing* to do with JCP/The Benefits Office. B&W are there *soley* to help claiments of ESA, DLA & PIP from completing their forms through to appeal. I would definitely recommend taking a look on their website; benefitsandwork.co.uk as even if you can't afford to join to get their full guides, there's still *a lot* of free advice available. I would definitely want their advice for appealing!!
It's unfortunate that due to the Government funding being cut, too many CAB & similar charity offices have had to close so that some area's have none or others may have retained theirs but then they're almost too busy.
You could also check out (probably online), to see if locally you still have a Disability Alliance office. If you're prepared to put a rough area of where you live then you might find there's a member who knows of someone who can help you?
As has been suggested, keep sending in your Fit Notes so that you keep receiving your ESA. I personally would also ask your preferred GP if they'll write you a supporting letter as that will hold a lot of credibility. (Always keep a copy for yourself).
All the very best :o)
Hi. Just to confirm the Benefits and Work site is very good. It might also be worth contacting your MP and informing them re how what you've been said has been misrepresented. They should get involved because it is an injustice involving one of their constituents. I volunteer for a local charity for disabled people and know their benefits adviser and your experience of having what you said misrepresented is extremely common. For this reason it is worth having as much information about your condition and its impact on you as you can think of written down on your form.
If you google WCA Handbook you will find the government website providing the handbook for ATOS assessors. I realise you are past the initial medical stage, but it could still be worth looking at the handbook to get an idea of the level of questions they are expected to ask and the sort of detail they are looking for. If you have any more forms to fill in, it is worth including as much information about your condition as possible, keeping the questions in the handbook in mind. Do not feel you have to stick to the box-size provided. You can attach extra sheets explaining anecdotally and in detail what it is like to be you living with this condition and how it restricts your life. Don't leave out any detail.
And I agree with the others, at the appeal stage you must get a professional support worker from the CAB or a benefits adviser from a charity to both advise and accompany you to your next appeal. Those who have professional support have far higher rates of succeeding at appeal. I do hope the stress of all this does not affect your health too much. All best wishes.
I contacted my local mp's office and she laughed literally asking why do you think we would help you with that,It infuriated me.
That is appalling. I am not surprised you are infuriated. I have heard better things of the local MP here who has helped people. Is wrong that it is such a lottery. Sorry not to have been more help.
Thank you Dee1.
Firstly I would suggest getting someone that knows the benefit system I think u can ask the citerazon advice bureau (spelling) they should help u. But r u filling out forms and telling what your life is like on ur WORST day but also maybe you could also apply for DLA. But I am on ESA as well for serve pain for 3 yrs still undiagnosed. You don't go to a court it is just in a room like a small converance room there will be a judge, a independent GP, you and who other else you bring. If you need any other info or help please ask
Yes emmamc 1986 i have filled out all the forms explaining how ill i get.The CAB have told me they dont have anyone that can advise or support me.
hi there henry , I agree -partly with dee -- in that you need to find out a 'disabled advice person ' in your local area ....in my experience the c.a.b. do not have the specific knowledge in this area ---always remember this is a disabling disease/condition [ and the correct boxes need to be ticked in the correct places ]..... as far as the atos booklet goes my and my gp's assessment is total garbage ===== I recently attended ' an assessment ' for my own conditions which was made by a registered physiotherapist where NO PHYSICAL EXAMINATION WAS CARRIED OUT and the prognosis was that I would be able to work full time within 18months .......I challenged this as well as my gp [ who stated that he would be backing me up with full MEDICAL evidence ---in court if nessessary ] it took precisely 3 days for my case to be reconsidered and changed from the original decision .......if you have a good doctor ask if he could recommend somewhere that you can go to .....its in his/her interest to help your health ....if you need any further help please pm me and I will try to go through what I know to help if I can ....alan
Hi alangardner,thank you so for your kind offer.I am told i should also claim DLA for this but then i am told its not a disability.
Do not upset as over I think 80% of people fail atos is system because it is awful mine was done by a nurse before that also twisted my words I found that ask for the word by word report they give to dwp go through highlight areas that are wrong they have changed what you said write it out clearly stateing in quotes what was written then what was actually said state page number and send this in letter to the panel
Mine was exactly the same senario as this emmamac,she also said i dont look ill and dont show any classic signs.I have done exactly as you say here,its now been 9 months and my doctor is starting to make me feel guilty about being sick by asking me if i realize how long i have been unwell each time i ask for a fit note.
This comment about you not looking ill is madness isn't it? When I was responding well to medication at one point and feeling well, it was noted by everyone that I looked far more ill and pale than I had ever done before. When I am not well, my temperature often goes peculiar and my face is flushed and people comment on my healthy glow and how well I look. The medical really is operating at the most basic and non-clinical level. Do you have an endocrinologist? If not I wonder if it would be of any help for you to get referred to a good endocrinologist as, aside from possibly helping your condition, a report from a consultant would probably be taken more seriously. I know good endocrinologists are hard to find but I found mine through a list that the Thyroid Patient Advocacy website have compiled.
Hi, Henry - so sorry to hear of your difficulties. It is very frightening and is quite a bullying situation. You need to understand what information the powers that be require when making a decision. The only real way to understand the detail they need is to get advice. I also accessed benefits and work website information, and it was invaluable to help me explain the kind of ways that my disorder, ME/CFS, cripples me. I also join with those who have advised you to join the site and find out what you can do and what information these people need.
Best wishes to you,
Steph
I cant seem to find any such place in my area reallyfedup123.All my forms have been done a long time ago and sent off,i am awaiting a tribunal but cant get any support or representation.
Hi, First check out thefullfacts.com (click on link at top that says 'click here and bookmark new address") - this is a forum with info and help about ESA and medicals, appeals etc. You may find some advice here.
You can't speed up the appeals process but as long as you are sending in sick notes they have to pay you while you are waiting for your appeal. keep sending the notes and keep ringing the tribunals dept every now and then to check what's going on. My local council had a team that helped people with benefits it might be worth checking if yours has something similar - they helped me write my appeal letter and I never had to go to a tribunal.
Getting your gp on side is a really good idea - when you get your sick notes make sure you tell your gp how much stress this is causing you....
Good luck
Hi nicolajane,unfortunately its different gp's all the time at my practice that i manage to see and never the same one as they dont seem to stay long.I did say to one gp that i was finding this all very stressful and the answer was to go and find a job to take my mind off of it.I have just got another appointment to see yet ANOTHER doctor on Thursday 28th and i am going to lay my cards on the table and tell him i need help and support etc.I have also just put in a letter of complaint about the way i have been treated and the lack of understanding.
You said appealed but lost, to whom? Is the court case the Tribunal meeting?
ATOS are useless and waste of time. My friends on dialysis while she waits for a kidneys as hers have failed. ATOS deemed her capable of working and holding down a " full hard working and poductive employment". She appealed and ATOS stuck to their guns. DWP were no better as they ordered her in when she was hooked up on a machine and it took her Consultant and GP to get the DWP to stop ordering her in when she should be hooked up. She went to a tribunal court hearing which is chaired by a Judge, and a fully qualified actual Doctor . Both took one look at the paperwork and the state of my friend and she won and they tore strips off ATOS for not using actual qualified Medical personel.
Go armed with letters from your GP, and any other Drs supporting your medical condition. You cant use pront offs from the web to show the condition but you can use a print off of a sympton checker and add a dairy date sheet showing the good days and the worse days to show what you go through.
Tribunals are not meant to be scary, its a personal level hearing, you sat one side of a table and the Judge and Dr the other side. You can bring somebody in with you if needs be, but they cant talk for you unless medical reason why. Unless that bits changed. They are there to assess you and ATOS. They make judgement on what they see, hear and assess via the points scoring ATOS uses and gives their verdict and tell ATOS if they failed to assess properly.
Link might help.
benefitsandwork.co.uk/disab...
Hi ravenhex,yes its the Tribunal next and i lost to ATOS,i appealed and it went to be reconsidered which i also lost so now its at Tribunal.
Hi
I've had Hashimoto's for nearly 30 years, I've had a terrible time over the years, and have been diagnosed with depression, ME, fibromylgia and not one person has ever said that I would be entitled to benefits. I'm a little upset that nobody ever pointed me in this direction. I have struggled and been close to suicide because I was so exhausted. I started feeling a little better last year but then the GP kept reducing my thyroxine saying that I was over. I have another apt on Thursday because he just took my bloods again recently, and I suspect that he's going to reduce it again. I'm already going down that slippery road of extreme fatigue and pain is becoming worse and those dark thoughts are slipping back in.
I'm shocked that nobody has given me advice on benefits, I lost several jobs due to my extreme fatigue and other symptoms. I have to say I am feeling a bit cheated....
reallyfedup123,i am in Hinckley Leicestershire.I am not being treated by an Endo at a hospital just a GP at the local surgery.
You're in my area, so unless its changed, The Tribunal is held in Leciester Tribunal Office New Walk. A nightmare to get to and park at if its still there.
ATOS is a waste of time appealing they rarily and you ahve more chance of winning athe lottery without buying a ticket than ATOS actually working correctly and giving you the correct points. This is what it is down to points. I was given 3 points by ATOS for my knee and none for the rest. The Tribunal gave me 9 for my knee and more points for the rest and ATOS and the Dr who saw me got reprimanded for not assessing me correctly and that a Dr who only knows knees is not capable of assessing any other medical complaints. That ATOS should use additional Drs to assess persons with more medcial needs. That still not being done by ATOS so nobody assessment is correctly done and awarded correctly, You are set up to fail and the Guv know it as does DWP.
Did you atttend a ATOS medical or were you assessed via the form?
As for Endo, sent you a PM of who not to be referred to as you will be as he's in the area. GP is fine for treating you, but an Endo helps only if its a good one. Most arent unfortunetly and becareful of using a Private Dr, as the DWP have been known to dismiss it as you paid for the letter and therefore it is dismissed as the Dr wrote what you wanted. Wrong but that is the mindset.
I was assessed by the form and asked in for an assessment medical by Atos.I wasn't awarded any points so i appealed and lost.I appealed again and they reconsidered and i lost that so i appealed again and now its going to tribunal.I have now been waiting for 9 months.
Hi, I had my initial assessment done by a nurse, who seemed to be more interested in my hair colour!! i was blonde at the time as i was so ill & having dark hair/pale face made me look worse!! I tried so many times to explain myself to her & explain my answers in the form, which was sitting right in front of her at page 1! She never looked through the form of went to any of the questions, i got upset a few times during and at the end she said maybe i could speak to a counselor that she wasn't there for that!! I appealed & thankfully won, it was awful i felt like a criminal & that i was lying about my illness i never want to go through anything like that again. I had someone from the local council office come with me & they helped with form filling also my husband gave a written statement about me & how im affected. I really hope you get it, people like us deserve it & there are so many falsely claiming & its unfair to the likes of you & me Sarah x
Thank you Sarah,believe me i want to go and work and cant wait for the day that i might feel well enough to do so as i loved my job so much.As you say,when you are siting there you are made to feel like a liar and criminal and this is also how my Dr and surgery are making me feel.My girlfriend told me her friend had a go at her saying i should get off of my backside and get some work done instead of sitting around complaining i am tired (which i don't do) but i do get tired and in a lot of pain,bad memory,poor concentration and very bad temper which i hate,she brags if she can do three jobs why cant i ?...... I got very angry at this so sent her a message to look up the symptoms of Hypothyroidism, her reply is she doesn't need to because it doesn't exist,needless to say,we don't get on and i am coming across a lot of people that are ignorant towards this illness.I have always worked and paid my tax and NATIONAL INSURANCE, its what we ALL pay for times like this yet our government are creating a stigma against us claiming it in OUR TIME OF NEED.I wonder if our NHS is done away with as they are trying to do will the need to collect National Insurance Contributions from us also cease? Sorry i am becoming political here,rant over lol........Any further comments on this please anyone?
no you have every right to feel like this. I am so tired too i do a few hours a week permitted work to get me out & about. I had a TT 5yrs ago, vocal chords were damaged during the op & i had to wait a yr for the op to repair them. I was told by one of my bosses that because i could speak loud enough there was no point in me coming back, i was studying vet nursing & i loved it. So i fell into a deep dark depression, during my surgery a lot of nerves were damaged so im in a lot of pain daily, i have a pain clinic appt on Fri as i was put on Lyrica when the dose was increased the pain had definatly eased, but i couldnt handle the side effects so its back to the drawing board which is so frustrating. Dont feel bad for venting, we are all here for each other, Sarah x
Thank you fedup, I have an apt with a new doctor tomorrow I will ask for my results then.
I've spoken to several GPs over the years and not one of them has even remotely mentioned this.
I'll be in touch
Thank you again
Denise
I have an appointment tomorrow at my surgery,should i ask to be refered to an Endo?
How does it work then,can i contact one myself?
Henry, if you would like to talk to someone who really knows about ATOS, appeals and tribunals then ring "Simon" who will help you, he is on 01516661999 he might not be in your area but will still help. .
I have just returned from a doctors appointment where i am sorry/not sorry to say i was a little firm with him and told him what i thought about the way i am being treated and the care i am receiving or lack of .I mentioned about being sent to see an Endo and he said that only happens for Hyper and i am Hypo. He admitted that Drs don't really know a lot about Thyroid problems and it is trial and error unfortunately and some people react better or quicker than others. I mentioned the ongoing pain in my foot and how i was told to wear arch supports, this i did but to no joy and for once i was examined and given a number to call for an x ray. Can you imagine my shock.......I have just called and they asked me if i wanted TODAY! Wow what a result, I was also given a report to send off for my appeal about the way the illness effects me and the symptoms i have. Has someone listened to me at last and influenced people very quickly i wonder lol
Not what you're looking for?
You may also like...
Sickness taking Levothyroxine
Hello, sorry to be a pain again.
I got a prescription from the UK for Levothyroxine and went to...
Hi help greatly appreciated . Nephew had risky open heart surgery . Refused pip . Any advice . Just at appealing stage now
Hi my nephew went through hell waiting for surgery. Told he may die . Then again the operation may...
Finally found endo that would help but CCG have blocked him!
Just had telephone call with the very nice endo he told me he and the whole area has been blocked...
Appeal to CCG
Hi everyone
I have posted on here recently about my GP refusing to prescribe T3 which has been...
Uat low vitamins and PIP appeal help
Hi i.m having my pip tribunal soon waiting for date had all forms this morning the thing is the...
Altitude sickness
Sickness & Constant Bowel Issues!
ESA appeal
Morning Sickness - A Cause?
