After a successful appeal and being placed into the Support group of ESA, I have just received a letter stating that I have to go for a medical with ATOS. Is this right? When I questioned it, I was told by Atos, that yes, i need to attend. Help please!!!
oh and to clarify things a little. Its a time difference of around 2 months between being put into the support group and having to attend a medical this month.
I'm afraid this is not unusual, I know of other people who win an appeal only to have to undergo the medical again, it's like they the DWP or government believe that your fit to work, and what ever the appeals panel says they the DWP know better.
You can always write to your MP, but right now you must attend the medical, but keep the letters, and appeal if you lose again, and if you win the appeal and you get another letter to go to a medical, then write to your MP and seek legal advice from a solicitor.
Might be worth checking this out . . .Originally Posted by scottbpool
http://www.benefitsandwork.co.uk/emp...e/esa-medicals
But of course lots of people are going through the medical no problems at all, as it has always been you have good doctors good nurses and shit doctors and shit nurses.
My first doctor did not speak a single word of English, he sent in the forms to the DWP, who at once sent out another doctor, she say me checked me and stated what was the scar on your back, I said it was them repairing my spine and removing three disc, she asked me about my bladder and bowel, which have stooped working. and she was gone I never had another medical although they sent me the forms a few times.
But I suspect if the doctor now thinks your able to look for work and the tribunal says no, then I've no doubt they would ask you back for another medical
My advice to everyone who is (being obliged, compelled ..) invited to undergo a 'medical examination' is to be assertive. For example, if that chair is to short, too hard, too difficult to sit down upon/rise from, don't lose your dignity struggling to accomodate them, demand another chair, and/or actively elicit their assistance both getting you seated and helping you to arise from it.
If the 'examining medical officer' does not speak English as their native language, insist on being provided with someone who does! Or, if you get fobbed off, insist that a note is made of both your request (to avoid misunderstandings /mistakes being made by the examiner) and of your objection (s) .. before the interview takes place!
If the examining Officer (s) refuse to help/assist, and you know that you are being intimidated under threat/compulsion (via withdrawal of benefits) to comply, threaten to terminate the medical whilst registering the strongest objections to the manner in which it was being carried out. Better still, be pre-emptive, expect the worse and prepare for that. This might just bring a more sympathetic attitude to the fore, and help to cast a more favourable light upon your case.
My advice is not obligatory!
Use your own discretion at all times, for only you know what is best for you!
That is often true. What many do not appear to realise is, that many of these departments act independently of each other. Like 'in-house' warfare.That could be advantageous, as well disadvantageous. What the Medical Tribunal determine from their examination of you, might not necessarily be agreeable to the think-panel within one of the myriad offices at one of the many Departments of Works & Pensions, dotted around the country.
I think that what you may have to consider, is that the benefits people recieve are not given willingly with oodles of sympathy, but begrudgingly by a self protecting state who would rather spend your cash on 'better causes'. Look at what they intend to do with your Disability Living Allowance (S) by the target year dates of 2013/2014.
The Care & Mobility component ctriteria are being rewritten. Those who are eligible now, might not be so in two years time!
Added to that scary thought, is the review of the description 'severe disability'. Considering what kind of a Government would attack the most vulnerable people in their society (those considered to be non contributing members, but definitely a drain on resources?) by revising their meagre benefits to the point where many will no longer be considered eligible (and only the Lord knows how they are going to look after themselves?) and the word 'disability' which, under the Flagship of the new Personal Independent Payment (Plan) looks like it will disappear entirely from both the political agenda as well as , political vernacular/vocabulary altogether.
Without 'that' on the statute books, the last debacle in The House Of Lords scandal. is going to look like a MaD Hatters Tea Party on Largactil!
I would say to your idea of being assertive, to have somebody with you who could be the one that demands your helped up or down or what ever. Being assertive when you have say a mental health issue would be seen as you being able to be in control and not as serious as you make out.
Hi, thank you all for your help so far. Just to let you know, that I received a letter this morning from ATOS stating that my appointment has been cancelled and that I did not need to attend. How long it will be until the send me for another medical is anyones guess, but at least it keeps the wolf from the door for now!!
Then it should be another three years.
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