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Thread: incapacity benefit!

  1. #1
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    Unhappy incapacity benefit!

    Hi
    I am new to this site and having recently had my atos medical and gaining O points, wrote a letter of appeal and now i hear i am having a tribunal!
    must just fill you in that i have multiple sclerosis and am unable to work an 8 hour day! i do work lunchtimes at a local primary school playground supervising and first aid! but only 4 days as 5 is too much! my GP has written a fit for work note mentioning that that is all i can do! would that be why he wants me back at work in 3 months full time? are these atos doctors stupid ?
    when i had my medical i see that the doctor who was running late and was hard to understand is saying that i said that today was a bad day for me! i didnt as i managed to drive 1/2 hour to the assessment! he also missed a fair bit out. i was nervous and not concentrating as much as i should have been but to give me 0 points!! in my assessment i mention all the problems i encounter but they were all ignored!
    i can manage to walk but only 200 metres with out resting and i am unable to sit for 1 hour without discomfort, the atos dr times the meeting as being 29 minutes so why did i still get 0 points!

    has any one got any advice on the tribunal i will be having?,

    please help!!

  2. #2
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    Being declared fit to work doesn't automatically mean they're saying you're fit to work a 40 hour week. Means you're fit to do some work hours which is in fact what you're already doing. What does supervising involve, any work with children suggests a certain amount of mobility and capability which may have gone agaisnt you in the big picture.

    However not being able to walk more than 200 yeards should have got you 6 points. And not being able to either sit or stand for more than hour another 6 points making at least 12 points which isn't far off the 15 required for WRAG.

    Go through the asessors report and pick out the relevant parts which are incorrect relevant to the descriptors you think you meet. Irrelevant inccorect points don't really count for much and can just muddy the waters for a Tribuanl , unless you are going to try to prove the enitre asessment was flawed.

    I always suggest people take a look at the WCA Assessors ESA handbook which you can find on the DWP governement site. Gives and insight into the logi behind questiosn asked and descriptors. Any medical supporting evidence you can get will help as long as it's relevant to the descriptors.

  3. #3
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    Quote Originally Posted by seriouslyfedup View Post
    However not being able to walk more than 200 yeards should have got you 6 points.
    I thought that was 0 points by way of the virual wheelchair scenario?

  4. #4
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    Quote Originally Posted by JPR View Post
    I thought that was 0 points by way of the virual wheelchair scenario?
    It is.

    It doesn't matter if you can only put one foot in front of another and walk two paces - you will still be classed as being able to mobilise, receiving 0 points along the way, if the assessor believes that you could use a manual wheelchair instead of walking.

    That is where the argument lies - proving that you cannot use a 'pretend' wheelchair!

  5. #5
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    Quote Originally Posted by seriouslyfedup View Post
    Being declared fit to work doesn't automatically mean they're saying you're fit to work a 40 hour week. Means you're fit to do some work hours which is in fact what you're already doing.
    Failing the ESA assessment as you quite rightly point out does not mean that you are capable of working 40 hours a week. It does however mean that you are capable of working at least 16 hours a week!!

    Otherwise if you can't, you would have been awarded ESA - hence why JSA takes over using the 16 hour rule.

  6. #6
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    Quote Originally Posted by doberg View Post
    It is.

    It doesn't matter if you can only put one foot in front of another and walk two paces - you will still be classed as being able to mobilise, receiving 0 points along the way, if the assessor believes that you could use a manual wheelchair instead of walking.

    That is where the argument lies - proving that you cannot use a 'pretend' wheelchair!
    I think the proving should be done by them by assessment instead of guessing.Not knowing but is a wheelchair via GP/NHS available at the drop of a hat for someone who they think can mobilise using the virtual wheelchair scenario?

  7. #7
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    Quote Originally Posted by JPR View Post
    I think the proving should be done by them by assessment instead of guessing.Not knowing but is a wheelchair via GP/NHS available at the drop of a hat for someone who they think can mobilise using the virtual wheelchair scenario?
    Maybe - but as it stands at the moment the onus is on the claimant to prove that he/she can't walk AND cannot use a wheelchair.

    There doesn't have to be a wheelchair available, nor do you have to have ever used one. If ATOS think you could - then it is up to you to prove otherwise.

  8. #8
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    I agree, it's up to the claimant to prove they can't use a wheelchair to mobilise.

    The so-called Atos Doctor awarded me 0 points for Mobilising and she wrote i should be in a Wheelchair. I went into great detail on my appeal form and explained why i couldn't use a wheelchair to mobilise and i also reminded them of their rules of being able to do tasks reliably & repeatedly and after a reconsideration i have been placed in support group for 2 years because i proved i couldn't mobilise more than 50 metres.

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