MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

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MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby Payney » Tue Feb 14, 2012 7:42 pm

Hello Forum People, Any advice on this issue will be greatly apprciated...


I was called in for a incapacity Benefit Medical on Sept 11th 2011, the doctor (or supposed doctor from atos healthcare) has missed off practically everything i told him in the interview (the Proper state of my Fibromyalgia,Upper spinal Stenosis and Arhtritus) in his report and in due course i was awarded 6 out of a possible 15 points and failed, To which ive appealed...

This week ive heard off the DWP that my appeal has got to the top of their pile in my local office and will be sent off to the tribunal people within the next week, then im going to recieve a letter off the tribunal people informing me on what to do next..e.t.c (im sure you know the drill!)

Now, this is were im getting worried about it all, the DWP told me that they HAVENT Contacted anyone from my Doctors/Pain Managment Clinic e.t.c coz (and i quote) "They dont have too!"

Can people advise me on what to do next, the cost of the relevant paperwork from my doctors is now mounting upto £60+ for everything and to be quite honest, i feel scared and quite frankly Bullied over it all..

Im already in reciept of High Rate Care & Mobility DLA to which they have ALSO ignored on my medical form From atos, i dont know were to turn!!...

Any help will be greatly appriciated, Im sorry if ive been a bit vague on the problem, my heart is racing just typing this up thinking about it all!..

Please help me....
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby tonydin » Tue Feb 14, 2012 8:31 pm

hi first of all im glad im not in your position and im still working , i was talking to some one in dwp the other day and what they said made me look at this from a differant angle , this gov crack down on benifits is not just to weed out fradulant claiments , its about changeing the point were some one is fit for work , so to claim any benifit you have to be worse than you were to get ib or dla befor

they want all but the completly disabled back to work , so you will no longer get esa or dla if your able to actually do any thing for your self , were it used to be avalibiale for less severly affected individuals who were not juged fit for the work place but could still look after them selves

so you will now be be considered fit for work under the new guiedlines problem is who is going to provied all these jobs that you all are going to do????

its a mess im afriad but now its started theres no going back also it will be harder to get dla know so you need to be aware that will also be reviewed

best of luck whichever way it goes
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby FluppyPuffy » Tue Feb 14, 2012 9:25 pm

Usually we would suggest getting in touch with an organisation such as Citizens Advice, or other similar people in your area for help and advice with your appeal, but with you saying that you've been advised that your file will be sent on to the tribunal bods within the next week, it could well be a bit tight on time for them to help you in depth, altho if you did speak to them, they may be able to give you some general advice and pointers on what you could expect with the tribunal, ways to deal with what they may ask you etc.

Presumably, you have been sent a copy of the fairy tale that was written and passed off as your assessment report. If so, an you've got copies of all the other info you've sent them, you could go thru the report and pull out the factors that have been missed out, written incorrectly etc, and cross reference them to the parts of your other inclusions where they are stated as being a factor.

Not sure what else to suggest as it has been a long time since I had to go thru to the tribunal stage, and when I did, my OH did all the paper pushing on my behalf.
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby denys » Tue Feb 14, 2012 9:27 pm

Firstly, they dont have to I'm afraid its up to you to produce any extra evidence have you tried to get help from CAB, DIAL, Social Services etc. Secondly look at the report and highlight everything that they have wrong, ask your doc for a letter supporting your application and send this as extra information. Dont panic and keep your chin up, things are getting harder but arent impossible :fingerscrosseed:
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby garytees » Tue Feb 14, 2012 9:59 pm

Evening denys" so sorry to hear how you hab been treated over this dwp woes ! nothing really i can add apart frm just trying to keep your chin up ! from another fm suffer who knows polesworth well " take care frm spiky gaz :yikes:
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby Woodentop » Tue Feb 14, 2012 10:20 pm

When I got my medical report from the assessment I went through it and picked out all the mistakes they made before I sent it in to appeal. This amounted to no less than 6 pages! I actually wondered if they had got the right person as so much of it didn't apply to me. I attached this to the appeal form and as yet have heard nothing. The person who did my assessment obviously had no knowledge of fibro and I pointed this out on several pages against the mistakes. They are supposed to have a knowledge of the condition that the person being assessed has. I know you can't do that now, but if you have a copy of your report ( and if you don't you can ask for one ) go through it and pick out everything that in your opinion is wrong and write it down. This can then go in as extra evidence. If you have reports from your gp, consultants etc that can also go as evidence.
Welfare Rights are brilliant so it's worth giving them a call because they will actually attend a tribunal with you, but you need to talk to them now as they are overwhelmed at the moment with so many people like us failing assessments. It will be several months before the tribunal happens so if you start doing these things now, you'll be well prepared when the time comes.
:goodluck2: :fingerscrossed:
PS Don't forget to keep copies of everything you send in
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby MCT » Wed Feb 15, 2012 12:32 am

Now, this is were im getting worried about it all, the DWP told me that they HAVENT Contacted anyone from my Doctors/Pain Managment Clinic e.t.c coz (and i quote) "They dont have too!"


The same thing has happened to my hubby, they have made no effort to contact his GP or Consultant. ATOS will tell you that they class themselves as having trained Disability Analysts who are more capable of assessing disability than any GP or Consultant.

If you take paperwork relating to your medical condition and hand it to the analyst at the time of your medical they have to take account of that information (or at least they are supposed to!).

Im already in reciept of High Rate Care & Mobility DLA to which they have ALSO ignored on my medical form From atos, i dont know were to turn!!...


You have to bear in mind that DLA is classed as an "in work" benefit which means you could, in theory, have HRM/HRC and still be able to work.

As others have said, you need to start on your appeal, please contact your local CAB and get the ball rolling. You also need to get yourself a note from your GP signing you as being unfit for work from the date you received the decision letter as you will be able to claim the assessment rate of ESA while your appeal is in progress.

When you have your assessment report go through it carefully and first of all see if there is anything really obvious wrong with what has been written on it - once you find a few crackers you begin to realise just how inaccurate they are. Here are just a few examples from hubby's:

    They got his age wrong - they have him 5 years younger than he actually is,

    They had him taking off and putting on a non-existent jacket "without assistance",

    The report states that the assessment lasted 55 minutes. They have reported him as sitting for 48 minutes followed by 6 minutes of standing unassisted which by my calculations, left them a whole minute to carry out all the necessary clinical examinations on the couch.

You can then go on to read further and see how many big holes there are to pick in the rest of the nonsense they've come up with.

We had assistance from CAB in completing the ESA form so DWP sent them copies of the paperwork we received. They phoned us to say they had found a few "anomalies" in their copy and asked us to make an appointment to see them about it - they, as yet, don't know of the ones we've found regarding the medical itself.
Last edited by MCT on Wed Feb 15, 2012 2:17 am, edited 1 time in total.
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby Payney » Wed Feb 15, 2012 12:40 am

Woah!...Information Overload... who are Welfare Rights ??? Never heard of them....

When they told me my case was off to tribunal they also said it could take a MINIMUM of 3-9months before my case is heard fully, Ive spoken to a friend whos quite up on the legal side of this kinda stuff and he reckons that the DWP are actually being predijist towards me as there taking their micky mouse Doctors word over Anything that the NHS have to say....Im so confused...


So....Im going to get my paper work sorted, firstly with the appeal letter i sent back to them explaining everything....then this mickeymouse report from ATOS, i will highlight this on what he's missed out, and do i then Contact the Welfare Rights People and talk to them ????
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby Payney » Wed Feb 15, 2012 12:44 am

MCT wrote:

If you take paperwork relating to your medical condition and hand it to the assessor at the time of your medical they have to take account of that information (or at least they are supposed to!).

By paperwork do you mean Reports off people Like physcologists,Physio,Doctors,e.t.c ??? Ive never got anything official on paperwork before....

You have to bear in mind that DLA is classed as an "in work" benefit which means you could, in theory, have HRM/HRC and still be able to work.



Can you Explain this a bit more please????? HRM / HRC?? eh ???
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby MCT » Wed Feb 15, 2012 1:48 am

Payney wrote:Ive spoken to a friend whos quite up on the legal side of this kinda stuff and he reckons that the DWP are actually being predijist towards me as there taking their micky mouse Doctors word over Anything that the NHS have to say....Im so confused...


The ATOS "mickey mouse Doctor" is just as likely to be a Nurse or a Physiotherapist (aka Health Care Professional) that they have sent on a course that only lasts a few days to turn them into a "Disability Analyst".
http://www.atoshealthcare.com/index.php ... &Itemid=89

DWP/ATOS maintain that their "Disability Analysts" are better qualified as to decide who is or isn't disabled over any other medical professional!!! Of those people they've examined, 39% will appeal against the decisions made and 70% of those appeals are successful.

http://diaryofabenefitscrounger.blogspo ... ility.html

Can you Explain this a bit more please????? HRM / HRC?? eh ???



Disability Living Allowance (DLA) comes in 2 components Mobility and Care. Mobility has two rates Low (LRM) and High (HRM) whilst care has 3 rates, Low (LRC), Middle (MRC) and High (HRC). Hope that helps.
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby FluppyPuffy » Wed Feb 15, 2012 1:53 am

Welfare Rights are a similar type of organisation to the Citizens Advice Bureau, they can provide help and advise, and sometimes representation, on a wide range of subjects, including the benefits system. There are also similar local organisations in various areas who provide very similar help and advice.

HRM and HRC are abbreviations often used for components of DLA, HRM is High Rate Mobility and HRC is High Rate Care. We have a thread which we add various abbreviations to when we come across new ones http://www.ukfibromyalgia.com/forums/viewtopic.php?f=12&t=11255 Here's the linky to it if there are others you may have come across and were wondering about.

When reading a post, it's very easy to misinterpret what is being said, as I did with the time scales you've been advised about. If you had mentioned how long it could take for your appeal to the tribunal panel, we could have tried to give you some more suitable answers that might not have overloaded you quite as much as they have.

If you contact someone like Welfare Rights or whoever is in your area about your appeal, they will hopefully be able to help you with preparing things, and may possibly be able to represent you when you get to the tribunal itself.

If you already have a copy of your assessment, then going thru it and highlighting all the inaccuracies, things that have been missed off and so on is a good place to start. If you haven't got a copy of the report, then you need to contact DWP and ask for a copy to be sent to you so you can start preparing things.

If you have any letters/reports from your GP/consultant/specialist or other people that are involved in your care and treatment that you think will help support your case, these should be included as well.

Hopefully, when you've gone thru all this, you will have the best chance possible of the decision being changed in your favour. If there's anything you come across that you're unsure of, if you post on here, we might be able to help you with it, either that or we'll overload you again and send you completely :crazy: :crazy: :crazy: :crazy: :crazy:
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Re: MY DWP WOES!....ANY ADVICE WILL BE APPRICIATED!

Postby MCT » Wed Feb 15, 2012 2:06 am

This comes from the Revised WCA (Work Capability Assessment) Handbook for ESA ( http://www.dwp.gov.uk/docs/wca-handbook.pdf )

1.7 The role of the Atos Healthcare HCP

All Health Care Professionals who give advice relating to Employment and Support Allowance must be approved by the Secretary of State for Work and Pensions. Approval involves specific training; successful completion of various stages of the approval process, and ongoing demonstration that the work being carried out meets a satisfactory standard. The ESA approved HCP is required to provide advice to the DWP Decision Maker in accordance with the current guidance issued by the Department for Work and Pensions.
Approved HCPs may be either employed or contracted to work on a sessional basis.

The role of the HCP is to help Decision Makers reach fair and proper decisions on benefit entitlement, by providing advice which is:

 Legible and concise

 Fair and impartial

 Medically correct

 Consistent and complete

 In accordance with the relevant legislation.

In carrying out this function, ESA approved HCPs act as specialist disability analysts. The role of the disability analyst is different from the more familiar clinical role of reaching a diagnosis and arranging treatment. For the disability analyst, a precise diagnosis is of secondary importance. The primary function is to make an assessment of how a person's day to day life is affected by disability, and to relate this to the legislative requirements.

For ESA, the advisory role of the approved HCP falls into four main areas:

 Advice to the Department for Work and Pensions Decision Maker to confirm that a claimant satisfies any one of the Support Group criteria or any of the criteria for treating the claimant as having limited capability for work.

 Further advice or clarification requested by the Decision Maker.

 Application of the ESA LCW/LCWRA medical assessment, providing an objective and impartial assessment of the claimant's functional ability for the Decision Maker.

 In reassessment cases, where the claimant has previously been subject to the ESA LCW/LCWRA Medical Assessment (i.e. a full ESA 85 has been completed) the HCP will scrutinise the available medical evidence, in order to advise whether a further LCW/LCWRA medical assessment is required.
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