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Thread: What to do when the ATOS DR lies?

  1. #1
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    What to do when the ATOS DR lies?

    I am so stuck, upset, frustrated and above all scared.

    I was in receipt of IB for several years due to a combination of health complaints. I received the letter and questionnaire for migration to ESA, filled this in (actually someone did it for me with me sitting there) then i duly went for a medical.

    I was very unhappy at the ATOS Dr's conduct - he sat back in his chair laughing at me while i told him about my chronic bowel problems (i showed him the small bag i carry with wet wipes and a change of clothes which he thought was hillarious), he laughed when i started crying when he asked me if i'd ever wanted to commit suicide (a bit close to the bone for me) he hardly typed anything, but i pressed on and told him everything - ALL the truth. I have absolutely nothing to hide - i've always worked a decent days work right up until my conditions became too much.

    I received a phone call from a decision maker telling me i was not eligible for ESA and kept trying to push me through to the Jobseekers team to start claiming jobseekers - i cant go to work, i suffer from Rotational Vertigo and am constantly dizzy, coupled with the IBS (and other conditions) i can barely function and the fact i can sit here and type this to the forum is an achievement in itself, but i've had to try and pull myself up to try and fight this. I asked the decision maker what she based her decision on and she said it was because i told the ATOS Dr i could use a microwave and cook a ready meal and because occasionally, when i was able to, a neighbour drove me to the supermarket. I asked her how this equated to a full days work and she said she didnt know, but informed me i wasnt able to get ESA as i wasnt disabled enough. So i asked her if she'd ever had an ear infection, as the dizziness suffered with that is what i constantly have to deal with. She didnt answer but tried to get me to agree to go through to the Jobseekers team. I refused again, asked her to send the relevant information through and i would then decide whether to ask them to look at their decision again or to initiate a full on appeal.

    Yesterday i received the letter from JCP detailing why i had been refused ESA. I had been awarded 0 points. But, what the ATOS Dr had written was completely untrue. He had written i suffered from a disorder, BUT i told him at the medical the specialist had told me i didnt have this (as in the name of it, not cured of it) but i was i having tests to see if it was another related condition. There was no mention of this, NOR about a microwave and being taken shopping by a neighbour. I am currently seeing a specialist and my GP but the ATOS Dr had written i see no specialists and have minimal care. The ATOS Dr told me that i didnt need to get a letter from my GP as he would request it - my GP has had no such request.

    They have completely disregarded the filled in 'Questionnaire' as well which detailed the specialists name, medications on, the daily struggle i have, the aids and adaptations in my home .etc the ATOS DR said i wasn't on any medications.



    I am just not sure what to do. There is so much conflicting information out there. I have read of people who completely picked apart the ATOS Drs statement and backed it up with GP letters and got the decision overturned, just on asking the JCP to look at the decision again. But then i've read of people who ended up going to tribunal and losing still based on what the ATOS dr said - even when backed up by GP and Specialists.

    Please can someone help?
    Last edited by SecretHoboSpices; 03-07-2012 at 11:40 AM.

  2. #2
    Senior Member Lighttouch's Avatar
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    Try looking at this website to see where you were going wrong before putting in an appeal.

    http://www.benefitsandwork.co.uk/emp...ce/esa-appeals

  3. #3
    Senior Member mikeydt1's Avatar
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    i have just been reading your message with interest as i have just had the same thing done to me where they have disregarded everything and it is not nice when you know they are full of lies.

    seriously you need to appeal to the decision. i would then go further than this and file a complaint to ATOS about the doctors conduct and if this doctor is GMC (general medical council) registered then think about seriously making a formal complaint, this latter would have more clout.

    mike

  4. #4
    Senior Member beau's Avatar
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    I know this link is about the military but it shows how low ATOS and their staff will stoop.
    It will take hours to read but is very enlightening.
    http://www.whywaitforever.com/dwpatosveterans.html

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    You say you have chronic bowel problems, but are you "bowel incontinence", as there is a big differences between the two, if you are bowel incontinence that should have scored you 15 points at least and put you in the support group.
    Whatever happens good luck

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    Thank you all for the help.

    Quote Originally Posted by Richard View Post
    You say you have chronic bowel problems, but are you "bowel incontinence", as there is a big differences between the two, if you are bowel incontinence that should have scored you 15 points at least and put you in the support group.
    Whatever happens good luck
    Yes, i am bowel incontinent, more often than not i will have the runs. Prior to my medical, i had an 'accident' 3 days before and told the ATOS Dr this. I literally get a 2 second warning i need the bathroom and regularly don't make it. The rotational vertigo/off balance/dizziness further impair my getting to the bathroom quicker.

    The ATOS Dr was made aware of ALL of this, leakage. etc i explained fully how my other conditions also affect this, showed him the small bag with the change of clothes in, but the ATOS Dr wrote that i did not report significant voiding. Which is untrue.

    As i said this was all incredibly funny to him. Not to me, I'm 29 years old.
    Last edited by SecretHoboSpices; 03-07-2012 at 01:30 PM.

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    That is absolutely shocking!

    how can they say someone who is dizzy is fit for work, with or without IBS problems.

    There must be some human rights law this contravenes. How can they expect someone who is dizzy and off balance all the time to go and get a job?

    *Shakes Head*

    Then

    Falls Over.

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    I found the IBS and PCOS no problem.

    The specialist thinks i have superior canal dehiscence and am going through tests at the moment to diagnose this. I am unable to find this on the list.

  9. #9
    Senior Member Stepheninleeds's Avatar
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    It seems there is a failure to use doctors with humanity in them at ATOS. It also seems, no, it is a fact, that fewer conditions are seen as disabilities. I have severe virtigo due to an inner ear problem, & also have Ménière's Disease. My GP has put it down as dizziness, which everyone sees & accepts. I have to constantly battle to explain all the time it is more than just getting dizzy. The problem I have found with some doctors is they are still so arrogant, & will not accept anything they do not think of first. Once they assume that is that. I can also have trouble making ot to the toilet, because of my combined disabilities. Ido not see it as water or bowel incontinence, but I see it has a serious problem, especially when out. It has been dismissed by my GP as, well, one word does not cover it. I am suppose to try harder to make it to the toilet in time, or notice sooner when I need the loo. If I could do this I would not wet or defecate myself. The implication is that I choose to allow it to happen.

    Yes, I feel this doctor should be reported because no matter what the medical problem is a person should be treated with respect. I have battled with doctors all my life, some have the character of the evil, some are arrogant, some are indifferent, & some have been nice & helpful. The problem is that even when you get a good doctor others can ignore what they say, this is especially true of those who do not have medical qualifications such as decision makers at the Benefits Agency.
    ~ ~ ~ ~ ~ ~
    Stephen

  10. #10
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    Thanks Stepheninleeds.

    Could someone tell me if i can get something from my GP now confirming everything and send it in (as the ATOS Dr didnt request it) whether it would make any difference?

    Should i now be appealing or asking for it to be looked at again by JCP because of the ATOS Dr?

    Could i word a letter to JCP as such that I am inviting the them to send me for another medical due to the conduct of the ATOS Dr?

    Thanks
    Last edited by SecretHoboSpices; 03-07-2012 at 08:51 PM.

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