What to do when the ATOS DR lies?

[Stig]

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

If you are going to make a complaint never make it to an in house customer services department . Stig's philosophy is if you aregoing to go for it go for the place you will make the greatest impact and GO FOR THE THROAT and make your complaint to the highest level you can . However i have to ask are you sure he was a doctor and not some sort of therapist given 2 mins training on how to click a mouse and indepth training on how to belittle or ignore the needy .

If he is a registered GP make an additional complaint to the royal college General practitioners .

Personally i would use the blunderbuss tactic and complain about him to ever organisation i could.

He should be/is bound by a code of practice and i doubt very much that sitting back and laughing at a patient will be found in that code of practice

[Duncan]

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

Get any medical reports you can and send with a completed appeal form GL24. The benefit office will review the decison and the medical reports may lead to the decision being changed in your favour. If the decision is not changed then you appeal will be sent to the Tribunal Service for and Independent Tribunal hearing.

You can still get paid ESA at the basic rate as long as you put in sick notes while waiting for the appeal hearing.

This is the Independent Tribunal Swervice site and you can see info about making appeals.

http://www.justice.gov.uk/tribunals/sscs/appeals

This is a leaflet about appealing.

http://www.justice.gov.uk/downloads/...ooklet_web.pdf

[SecretHoboSpices]

Thank you all, I have printed off the entire thread so someone can sit and look through it with me, so sorry if you've made a valid and true point but i've missed replying to it. I will get there!

I have emailed (early yesterday) my local law centre and asked for help, explaining the situation.

The difficulty i have is that the ENT Consultant wouldnt write me a letter detailing i had tests done, he said if that was the JCPs decision it wasnt up to him to intervene, if they said i was fit for work, then i was *rolls eyes* I have now finished with him as he does not have the expertise to deal with my condition (his words) so am waiting for another appointment to come through with another ENT Consultant who knew about more specific disorders related to the dizziness/vertigo .etc

So all this basically hinges on my GP. If he could confirm i had tests done and what i had wrong with me would this be enough? If i am being honest not making it to the toilet isn't half as debilitating as the loss of balance and rotational vertigo.

Could i use the fact the ATOS assessor decided not to write i advised him i didnt have menieres but possibly SCDS as a change of circumstances to have my claim reassessed? I have absolutely no problem going back for another medical. In fact i'd insist.

I also have a letter from the DVLA revoking my driving license due to the dizziness experienced while driving, a letter from my Landlord saying i had to be rehoused to a property with a wetroom because of my health condition but they were all dated last year, would these make any difference? I originally got them for my DLA tribunal, but was refused DLA because a GP from the last practice wrote there was nothing wrong with me and i was fit and healthy (I am so unlucky with Doctors) The judge advised me to reclaim DLA but get something directly from a Consultant who was treating me - which i havent been able to do.

Thanks all

[PhilH]

hello Secret

Do what i did and get the last two years of your hospital notes. I got all my scans and notes for the DWP to look at and all the notes from my specialist nurse. Useful to have as a back up for the appeal or the medical.. as the HCP has to make a note of and read any medical evidence you bring to the medical. there rules, which is in bold on page 42 of the WCA handbook. I got all my notes for free because I only asked for the last two years. same with your doctor. Just put in a request.. you can also ask for any paperwork That the DWP hold on you that contains your national insurance number.It belongs to you. and under the data protection act. you can get them to correct any mistakes.
I only found this out with a freedom of information request to the DWP.

You can find all of what I have posted on the government web sites. Its all in law,and your right.
You need to get all kinds of paperwork ready when you get the ESA claim form. Don't what to get a knock back from the DWP before you do all this.
Your not a doctor,so without the paperwork to back-up your claim at the first stage. Your seen as a faker and setting yourself up for a them to make your life hell.

Phil

[PhilH]

Could i use the fact the ATOS assessor decided not to write i advised him i didnt have menieres but possibly SCDS as a change of circumstances to have my claim reassessed? I have absolutely no problem going back for another medical. In fact i'd insist.

Are you a doctor?
have you any paper work to back it up ?
if no. then tuff
they will not listen to you.
Sorry but that's what's in there rule book.

Phil

use your pc/laptop at this very bad time for the disabled, for more than playing games on facebook.
I will post a link for you,so you can see what you are up against Secret.
sorry to be such a B******D but we need to get this right from the start. So the government can see its all going wrong. And how much the changes to IB are just wrong.

http://www.disabilityalliance.org/wcanew.htm

scroll down the page to the bottom. click the link for revised ESA handbook. its in pdf file format. so you will need adobe reader.
Its a long read and at the end of it, you will be fuming

[Stepheninleeds]

The Lords have defeated all three Bills on Legal Aid. We may yet win on that one.

[PhilH]

The Lords have defeated all three Bills on Legal Aid. We may yet win on that one.

there could be a force through yet, if 90% of mp's agree they can force it. Just like they did with the last bill.
Its an old parliament law the the standing government of the day can use.....will find the link to the pages I read about this very old law.

Sorry Stephen, for kicking you in the nuts on this one

[Jen66]

The difficulty i have is that the ENT Consultant wouldnt write me a letter detailing i had tests done,

Have you had caloric reflex tests done ? These are the de facto tests for Vertigo / Meniere's disease.

If i am being honest not making it to the toilet isn't half as debilitating as the loss of balance and rotational vertigo.

Have you been diagnosed with rotational vertigo ?

I also have a letter from the DVLA revoking my driving license due to the dizziness experienced while driving, .

Two things concern me about this. Your GP or Consultant has to ask you to revoke your driving licence on a voluntary basis first. Did they do that or did they take steps to revoke your licence ?

Secondly, this is a STRONG piece of evidence for an appeal panel. The thing they tend to ask a lot of disabled people is do you drive. If you say no because you have had your licence revoked then it means either your GP or Consultant views your medical condition seriously. Seriously enough to support an ESA / DLA claim.

[PhilH]

The Lords have defeated all three Bills on Legal Aid. We may yet win on that one.

makes for a good read Stephen.
http://www.guardian.co.uk/law/2012/m...s-peers-defeat

[Stepheninleeds]

YOur GP will have all medical records, Secret. You are entitled to copies of this. I would speak to them for anything you wish to help your claim. Again, I always advise independent help from a support agency.

Yes, the Commons can overturn it, but this one is a lot harder than the Welfare Bill. There is more support for Legal Aid, even for disabled people to get it.