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?