ATOS judgment because I'm a mother PIP claim turned down

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ATOS judgment because I'm a mother PIP claim turned down

Postby emma23 » Tue May 13, 2014 11:26 pm

I was diagnosed with FM & CFS in Feb 14 which was after the birth of my 3rd child.

I made a claim for PIP in Oct 2013. I had my ATOS assessment at the end of March which I didn't get a home visit as requested as I was told it would take longer so I took a cancelation. The assessment was no longer then 20 mins and I wasn't asked a lot of questions and was asked what my range of movement was. As any with FM knows this can change on a daily bases and if you do have good days you usually pay for it for a good few days after.

I spoke with DWP yesterday who advised me that I was turned down. The case manager was lovely and sent me the ATOS report which I got today and I'm now really angry and upsetting.

The report goes though my daily routine which includes how I care for my 3 children aged 9, 7 and 11 months. In the report the nurse has stated because I'm a mother of 3 one being 11 months I live an Independant life. She did not note the pain I have and that I told her I feel guilty as I can not care for my children in the way I want due to FM. All she noted was the tiredness and that I can care for my 11 month old.

To me this seems very unfair. As any parent will know whether we a disability or not we will always put our children's care first before our own. My husband works in the Navy and does all the housework, makes everyone's meals and as soon as he walks in from walk he takes over care of the children as I'm knackered and by this point in a great deal of pain. We told the nurse all this information but this has not been noted.

I felt I've been judge unfairly and discriminated against for being a mother.

Does anyone know if this is discrimination and whether the report can be solely based on me being a parent? Any help or advised would be helpful as this has brought my to tears as I struggle every day to care for my children which my 9 year old has to help me a lot of the time which is unfair as he's a child and to be told that I'm pretty much ok and can do basic care for my children I'm therefore not entitled to any help is a slap in the face.
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Re: ATOS judgment because I'm a mother PIP claim turned down

Postby denys » Wed May 14, 2014 10:24 am

You can ask for a reconsideration and then go to appeal, but you will need extra information such as a letter from your doc, reports from any specialists/consultants that you have seen (get them from your doc) and include all of this with your supporting evidence. You might want to go to CAB/DIAL or as your husband is in the Navy your family liason officer (cant think of the right name, the people who help with any problems the families of Service Personnel may have)

I dont know if its discrimination or not but thats what you need specialist help to figure out good luck

Welfare Officer is who I mean :facepalm: :facepalm: :facepalm:
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Re: ATOS judgment because I'm a mother PIP claim turned down

Postby *Lisa* » Wed May 14, 2014 10:55 am

Sorry to hear you were turned down :(

You must appeal.

emma23 wrote:
My husband works in the Navy and does all the housework, makes everyone's meals and as soon as he walks in from walk he takes over care of the children as I'm knackered and by this point in a great deal of pain. We told the nurse all this information but this has not been noted.


Maybe a little help by what you say for an appeal.

P.I.P is for your care and mobility needs. The PIP do not include housework or look at everyone else's needs only yours. I understand fully how exhausted and in pain your in when your husband comes in from work as i myself used to do the exact same thing.

Again the PIP goes on your needs so for them to reconsider this point above it could go like this:

As soon as my husband arrives home he takes over the family tasks and prepares me a cooked meal. After this i am so exhausted my husband helps me up the stairs and into bed as i am in severe pain. I am unable to get back out of bed for the rest of the evening because of such pain and exhaustion. When i need the toilet or a wash before bed, my husband helps me out of bed and helps me to wash....etc

This above is a rough guide to what they want to hear.

I maybe wrong but when the atos stated you live an independant life what they may have ment is that through the day you do not recieve any care or mobility help? Im just trying to work out why so you know how to adjust this for an appeal.

If anyone come into you through the day to help you by cooking for you, washing you, dressing you or to help you mobilse around the home or outdoors then you must put this down.

:goodluck2:
As a Public Moderator & Admin of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia...Lisa
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Re: ATOS judgment because I'm a mother PIP claim turned down

Postby Leannellie » Sat May 17, 2014 7:23 pm

emma23 wrote:I was diagnosed with FM & CFS in Feb 14 which was after the birth of my 3rd child.

I made a claim for PIP in Oct 2013. I had my ATOS assessment at the end of March which I didn't get a home visit as requested as I was told it would take longer so I took a cancelation. The assessment was no longer then 20 mins and I wasn't asked a lot of questions and was asked what my range of movement was. As any with FM knows this can change on a daily bases and if you do have good days you usually pay for it for a good few days after.

I spoke with DWP yesterday who advised me that I was turned down. The case manager was lovely and sent me the ATOS report which I got today and I'm now really angry and upsetting.

The report goes though my daily routine which includes how I care for my 3 children aged 9, 7 and 11 months. In the report the nurse has stated because I'm a mother of 3 one being 11 months I live an Independant life. She did not note the pain I have and that I told her I feel guilty as I can not care for my children in the way I want due to FM. All she noted was the tiredness and that I can care for my 11 month old.

To me this seems very unfair. As any parent will know whether we a disability or not we will always put our children's care first before our own. My husband works in the Navy and does all the housework, makes everyone's meals and as soon as he walks in from walk he takes over care of the children as I'm knackered and by this point in a great deal of pain. We told the nurse all this information but this has not been noted.

I felt I've been judge unfairly and discriminated against for being a mother.

Does anyone know if this is discrimination and whether the report can be solely based on me being a parent? Any help or advised would be helpful as this has brought my to tears as I struggle every day to care for my children which my 9 year old has to help me a lot of the time which is unfair as he's a child and to be told that I'm pretty much ok and can do basic care for my children I'm therefore not entitled to any help is a slap in the face.

Jeez!! That's terrible. What do they expect you to do fgs??!! Leave your children to their own devices?? Of course you have/need to care for them. They are obviously clueless. Definitely appeal. I feel for you. This condition is bad enough without having this to deal with. Xx
Comfort in sound it's all around, ease back the strain, come heal your pain.
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Re: ATOS judgment because I'm a mother PIP claim turned down

Postby Charmed » Sat May 17, 2014 10:19 pm

My Atos report was fool of lies, couldn't believe it when the DWP sent me a copy. I was so enraged I appealed and won my case, but that was for DLA. As Denys said, with PIP you need to ask for a reconsideration. If that fails, you can then take it to appeal. Expert advice is needed. Have you considered asking your GP or Social Services for help? If you could be assessed by an OT and they wrote a report depicting your difficulties, that would certainly help your case. Try to get as much evidence as possible to build up your case.
Also start writing a daily diary to show how you are (or not) coping.

It's a hard fight, but we have the right to live independent lives. Whatever you do, don't give up. There is light at the end of the tunnel.
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