Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. Free legal advice is available from a Citizen's Advice Bureau, and the Law Society can supply a list of local solicitors.

Is anyone experienced in atos medical a / claiming esa ?? If so I could really use your help

(20 Posts)
Kormachameleon Sat 20-Jul-13 21:25:17

Message withdrawn at poster's request.

ParsingFancy Sat 20-Jul-13 18:03:41

Yes, IIUC DLA has no influence on ESA but it is hugely encouraging that you got it. You were obviously able to produce convincing evidence for that claim, so the chances of you being able to do so for ESA are high.

Sorry, don't know anything about Section 29. But sounds useful to at least keep in the back of your mind, so your answers are aimed at demonstrating that being found fit for work would endanger your health.

I seem to remember the B&W guide recommending repeating yourself as you work through the Qs: I can't do X because it causes Y; I am in pain if I attempt Z because it causes Y; because of Y, doing ABC would damage my health, so I no longer attempt them.

It shouldn't be like this. The form should be a straightforward means to collect relevant info, by an assessor who genuinely wants to understand your level of health. Instead they seem to play buzzword bingo. If you put the right phrases in, you win. If not, not.

Kormachameleon Sat 20-Jul-13 17:44:19

Message withdrawn at poster's request.

ParsingFancy Sat 20-Jul-13 16:58:21

sad Aqua.

Aquamildred Sat 20-Jul-13 16:55:30

Message withdrawn at poster's request.

ParsingFancy Sat 20-Jul-13 16:49:06

You can also require that ATOS record the WCA interview: you get a copy and they get a copy.

You can make this demand in the "additional info" box at the back of the questionnaire. But in my experience you then have to remind them a few weeks before the WCA.

I asked in my WCA whether they had a medical report from my GP, so it went onto the tape that they hadn't (interviewer blamed my GP but rumours + my experience suggest ATOS simply no longer seeks these reports, despite GP contract covering them).

I do everything in writing and refuse to take calls from the DWP or ATOS ("I'm sorry, I don't deal with you by phone. Please write to me with whatever you need to say" <click>). This was originally because of my own memory and cognitive problems, but it's actually really useful because they're so untrustworthy.

ParsingFancy Sat 20-Jul-13 16:35:51

Oh, and photocopy everything before you send it in.

ParsingFancy Sat 20-Jul-13 16:35:32

Aqua, please appeal. They may phone and try to put you off, but do so anyway.

About 40% of appeals are won. And I've had two decisions overturned without having to go through the full process. Basically they tried it on, then backed down when they realised I wasn't going to. I didn't even need to submit more medical evidence.

Aquamildred Sat 20-Jul-13 16:10:28

Message withdrawn at poster's request.

Kormachameleon Sat 20-Jul-13 15:38:09

Message withdrawn at poster's request.

ParsingFancy Sat 20-Jul-13 15:22:17

In fact, if you can do something but with difficulties or consequences, tick "no" then explain in more detail in the write-in box. You haven't deceived anyone, but you haven't given them the excuse to pretend you have zero difficulties.

The other tip I've seen recently is that, if you write about "good days" and "bad days" they may assume "good days" = normal like other people, rather than "good for you but still not normal". So say "better days" rather than "good days" if this is appropriate.

ParsingFancy Sat 20-Jul-13 15:13:47

Benefits and Work have excellent guides, although they do charge membership. But I'd really recommend joining, especially if this is your first time through the process.

And you're right, the questions are frequently crap.

Answer like a politician: use the questions and "additional info" spaces to say WHAT YOU WANT TO SAY, even if that's not what the question asks.

The question rarely means what it says anyway. Eg there used to be (can't remember if still is) one that said, "Can you walk 50m?" What it meant was "Can you walk 50m with reasonable repeatability, without severe pain, discomfort or increased medical problems at the time or afterwards." Which really isn't the same thing.

Catmint Sat 20-Jul-13 14:45:08

Make sure you are honest about what you cannot do.

I don't know the rules for this benefit, but you do need to think realistically about what it actually means to be able to 'do' something. If you can do it, but only with great effort, in pain and only once, I think it is reasonable to say you can't do it. Because you can't do it with any consistency, IYSWIM.

Also, if you can do it a few times but you have to rest afterwards, I think you need to think very carefully.

Being able to complete an activity should not be divorced from the physical consequences of doing it.

Whether ATOS agree is another matter.

JuliaScurr Sat 20-Jul-13 14:40:46

https://www.facebook.com/groups/DPAC2011/
hope they can help

RoooneyMara Sat 20-Jul-13 14:40:29

Also it may be months before you get a decision. Up to 6 months of waiting is the worst I have heard.

RoooneyMara Sat 20-Jul-13 14:39:06

Fill it in in great detail (if you can stand it - go into the 'zone' for an hour or so, get it over with) Is it a physical or a MH issue?

They will put you in the work related activity group which entails having to go and have interviews with an advisor, stuff like that, writing a CV and so on. Unless you're pretty much dead in which case you go into the support group. but that's almost no one.

You may get an eejit, or you may get someone sympathetic on the day - it isn't that person who makes the decision though it does make a difference I think.

hoarseoldfrog Sat 20-Jul-13 14:34:03

There are set indicators that they use to decide on your entitlement. Eg physical health you would get a certain amount of points if you cannot mobilise.More than 200m etc. I'm not sure if they're on google- try searching for wca descriptors. It is really useful to include as many specific examples as possible. This is particularly useful for mental health. When I did training they gave the example of someone with anger management having been banned from job centre etc.
It's a bit tricky to advise without knowing what health issues you have but feel free to pm me. One of my clienets has just managed to pass the wca first time which was a bit of a surprise but its a lot easier if you know what answers they're looking for. Best of luck

Kormachameleon Sat 20-Jul-13 14:20:45

Message withdrawn at poster's request.

Kormachameleon Sat 20-Jul-13 14:01:30

Message withdrawn at poster's request.

Kormachameleon Sat 20-Jul-13 13:39:59

Message withdrawn at poster's request.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now