Inconsistencies in My Atos Report and a 6 Month Min Wait!...

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Inconsistencies in My Atos Report and a 6 Month Min Wait!...

Postby Payney » Wed Feb 22, 2012 10:51 pm

Just found out today that My Appeal will NOT be heard before 3/9/2012 due to "heavy work loads" at the BHAM Tribunal Office!, Also with a note saying "if you have not heard of us 2 weeks before this date, please call us as there may be a extra delay if you havent heard from us by this time!....The Whole system Makes me Laugh!!!!
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Re: Inconsistencies in My Atos Report and a 6 Month Min Wait!...

Postby MCT » Wed Feb 22, 2012 11:06 pm

My husband just got his ESA appeal hearing notification this morning. It's a lot sooner than we were expecting as it's being held next month, 29th March, in a local Church Hall of all places. Seems an odd place to have it, I was expecting it to be in Edinburgh like his War Pension one was. It will work out at less than 6 months from decision to appeal.

I've got him an appointment with his GP on Monday to go over some of the "Medical Examination Findings" to ask if he'll check them as well in case of errors - he may not do it for us but if we don't ask we won't know!
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Re: Inconsistencies in My Atos Report and a 6 Month Min Wait!...

Postby Woodentop » Thu Feb 23, 2012 3:47 pm

Are you prepared to share what some of the inconsistencies were in you report? I understand if you don't want to but I am in the process of appealing ( mine is the BHAM office as well so not much hope!!! ) and i sent them 6 pages of things that were wrong with the assessment attached to the appeal form. I wondered if there is a pattern to comments made on the reports as they appear to ignore so much about our condition. :-?
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Re: Inconsistencies in My Atos Report and a 6 Month Min Wait!...

Postby MCT » Fri Feb 24, 2012 6:45 am

Whilst he doesn't have FM my husband has RA and his ESA report has a lot of glaring inconsistencies/inaccuracies. The report wasn't completed until 45 minutes or so after we'd left and we have no recollection of any written notes being taken.

These are some of the observations which the HCP (a nurse) got wrong and to my mind give cause for concern about the accuracy of his reporting:

  • His stated age is wrong by 6 years.
  • During a 55 minute assessment the HCP has him sitting for 48 minutes and standing for 6 minutes which, according to the last two figures, left 1 minute to carry out all the couch based medical assessments (I reckon took around 20 minutes).
  • On the section for the medical assessment which gives information about limb movement etc there are a number of things that are also mentioned, one of them is scarring. On my husbands report it states that he has no scarring on his legs which is wrong as he has quite obvious ones due to surgical procedures including one where he had pins put into his leg after a bad break skiing during arctic training, another when he was playing football and another from damage to his ankle where he was hit by a brick during his time in Northern Ireland

There are some other things which will be seen as our word against that of the HCP:

  • The non-existent jacket I supposedly helped him take off/put on.
  • The opening of a door that was already open.
  • The carrying of papers in either hand which was actually a folder carried under his arm.
  • No mention of the difficulty my husband had turning onto his side on the couch that the HCP even commented on.
  • No mention of my having to help him get his toe splints in place as well as putting his socks and shoes on for him.
  • It's stated that he could bend from sitting to pick object up from floor and yet there was no object to pick up.

There are more bits and pieces like that as well as a heck of a lot of assumptions being made by the HCP that I've found - you'll get the gist of the sorts of things I mean from what I've already said.

Once you have the report you need to go through it with a fine tooth comb. I found some information online about the things to do if you need to appeal and started a thread about it - it's now been made a "sticky" at the top this forum.
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Re: Inconsistencies in My Atos Report and a 6 Month Min Wait!...

Postby animalhouse » Fri Mar 02, 2012 9:24 am

wilst at my esa assessment she was filling things in on the computer all the way along, as it is all ocmputerised now, then i think they can just elaborate at the end on any notes they make.

my tribunal was through birmingham and wiated over a year for both esa and dla. if you had a letter saying about may for example that is just approximately. mine was original noted for then and had in august so 4 months later. i kept ringing up every week or so before then after and was then finally told i was in the queue then, the quue then waiting for day not the pile sittting ready to go in the quuee but all in date order.

when i finallly got my date to be heard at local court in chesterfield had a week/or 2 notice but rang that morning and said i did not need to attend esa as had passed.. was given another 6 points. however this medical has haunted my dla ever since.

was given points for not sitting, not standing 6pts each then wsa given 6 for next on list. however all info later than that such as walking distance was questioned and used by dla even though was not given chance to appeal that at court due to the non attendance. think they had just ticked general walks about 200m so obivously this was used against mee but was not able to question it as no tribunal hearing took place.

they go through some ifrst thing to decide which they can avoid doing to shorten their day i guess and get off early and was rang that morning and told did not need to attend as awarded necessary points to pass.
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Re: Inconsistencies in My Atos Report and a 6 Month Min Wait!...

Postby MCT » Fri Mar 02, 2012 10:02 am

animalhouse wrote:. . . however this medical has haunted my dla ever since.

was given points for not sitting, not standing 6pts each then wsa given 6 for next on list. however all info later than that such as walking distance was questioned and used by dla even though was not given chance to appeal that at court due to the non attendance. think they had just ticked general walks about 200m so obivously this was used against mee but was not able to question it as no tribunal hearing took place.


Are you saying that the findings of your ESA medical have been used as evidence in respect of your DLA application? I'm not sure if they can do that but I will try and find out.
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Re: Inconsistencies in My Atos Report and a 6 Month Min Wait!...

Postby pixiecat » Fri Mar 02, 2012 3:57 pm

I have not long filled in my esa claim form and somewhere on the notes it says

If you are on DLA and you inadvertently put conflicting information on
your ESA50 questionnaire, particularly about walking distance; this may
affect your DLA."

crafty arnt they
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Re: Inconsistencies in My Atos Report and a 6 Month Min Wait!...

Postby animalhouse » Sat Mar 03, 2012 10:09 am

yes it has been used as on the esa there are alot of areas you get tested on, and when you get the report back i was given 12 points for things that were near the beginning.

when it wwent to appeal which i did not need to attaend i was awarded another 6 which was basically the next sectio on the report. that was all i needed so was then put through as passed. they got admin person to ring that morning tellling me i no longer needed to attend.

but as i did not attend an appeal was not given opportunity to appeal that did not get any points for antyhing else thereafter - for example i might have got 20, 30, 40 but other issues were never looked at, as not needed, including walking distance as i think that is later on, cant remember.

so i just assumed the 200m thing was just tick box, but anyway all the stuff i didn;t get points for on original assessment could then be used against me at dla decision makers and tribunal as when tribunal pack comes to you, i had copies of esa report as well.

one of the items was the walking whihc has backfaired on me ever since as i have been unable to obtain any mobility due to conflicting evidence between taht and my dr letter stating i am unable to walk more than 50m without extremem pain and discomfort. so i ahd a letter from my gp but was never awarded any mobility at all. ever low rate for mental health or hrm for walking.


this is even though i have 3 medical reports from rheumatologists, physio, osteo and gp letters confimring my walking and have asked decisions makers to look at again, gone to triubunla and am now applying to upper tier, for 2 years no mobility only lrc.

:dunno: :dunno:
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Re: Inconsistencies in My Atos Report and a 6 Month Min Wait!...

Postby MCT » Sat Mar 03, 2012 3:51 pm

pixiecat wrote:I have not long filled in my esa claim form and somewhere on the notes it says

If you are on DLA and you inadvertently put conflicting information on
your ESA50 questionnaire, particularly about walking distance; this may
affect your DLA."

crafty arnt they


They certainly are!

To anyone who is going to appeal DLA/ESA it's been proven that there's a much higher chance of being successful by attending the appeal tribunal in person rather than it all being carried out as a paper exercise. Chances of success are further increased by having the involvement of CAB or similar organisation. Even if they say you don't need to attend it's worthwhile going.
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Re: Inconsistencies in My Atos Report and a 6 Month Min Wait!...

Postby denys » Sat Mar 03, 2012 8:54 pm

as ATOS carry out both medicals for ESA and DLA they can use reports done from either one for the other benefit :yikes: :yikes: :yikes: :yikes: :yikes:
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