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At a complete loss. Atos awarded me 0.

  • bottleofbest
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10 years 11 months ago - 10 years 11 months ago #121914 by bottleofbest
At a complete loss. Atos awarded me 0. was created by bottleofbest
I had a call from a lady at the DWP today who has advised me that Atos have awarded me 0 points throughout my assessment!!:mad: I can not comprehend how they reached this decision. I expected they would write a false report which is why I asked for it recorded to protect myself.

The lady from the DWP has disagreed with Atos and has put me in WRAG, as she says I automatically should have 15 points from one section and that is because I pass out at least once a week.

I explained to her that whilst I appreciate that she overridden Atos, I am still not happy with not being placed within the support group as I have evidence to support my claim that I fit several descriptors

These are the ones I fit..

Chewing or swallowing food or drink.
(a) Cannot chew or swallow food or drink;
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular prompting given by another person in the physical presence of the claimant.



Daily, I have issues taking nutrition and medication because of the spasm's. Food regularly gets stuck in my Oesophagus or is sometimes rejected entirely causing my choke or be sick.
During a severe attack, Lisa has to administer my GTN spray for me as I am unable to do it myself.
I regularly fail to finish a meal due after it gets stuck because I am too scared to do continue!

Dr Muhammad has results from my motility study which shows that I have a highly abnormal motility of my Oesophagus. This is FACT that I have this issue yet I received 0 points?

Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.
Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.


This is exactly why BT let me go in the first place. They said when I collapse I scare people as it looks to people that I am having a heart attack due to me collapsing clutching my chest and sometimes screaming because of the pain.
During the time of such collapses I am completely disinhibited, I have no control over what I am doing and sometimes I pass out with the pain at least weekly.
I am unable to use public transport because of the behaviour I exhibit.

Who is going to employ me when I suffer with chest pain. BT called me an ambulance 3 times and said I couldn't return to work whilst experiencing chest pain.

Awareness of everyday hazards (such as boiling water or sharp objects).
(a) Reduced awareness of everyday hazards leads to a significant risk of:
(i) injury to self or others; or
(ii) damage to property or possessions,
such that they require supervision for the majority of the time to maintain safety.


I have regular collapses where I have fell into a cooker, in the road, hit my head etc.

Lisa has to be with me at ALL times to supervise me, no matter where I go and because of the constant present danger, I am mainly house bound where I am safest.

Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
Cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion.


I have medical supportive evidence regarding breathlessness due a constant tight chest and stabbing pains I suffer due to my condition.
Lisa has to often hold me up to help me mobilise.

Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.
At least once a week experiences
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or
(ii) substantial leakage of the contents of a collecting device;
sufficient to require cleaning and a change in clothing.

With my collapses coupled with my IBS I miss the toilet. This can be due to me collapsing when needing to go to the toilet. Or because sometimes I am unable to even get out of bed because I suffer all day.
This happens 1-2 times a week where I lose control of my bowel. My IBS results in me needing to go to the toilet several times a day. I am ashamed to say that Lisa has to often help me clean myself. Who would be willing to do this in a work place? I wouldn't want the embarrassment of some stranger having to do this either!

As you can see I fit several of the descriptors several of which should automatically put me in the support group.

The thing is, I had all this medical evidence, a diary, a letter written by my wife regarding the descriptors I fit and the assessor at Atos refused to take them. She said she was too busy and would only photocopy my diagnosis and read it after. Even though in the ATOS handbook they are required to read all evidence before going ahead.

She did inappropriate things not relevant to my condition during the examination such as check my hearing, sight and dexterity.

I'm at a loss as what to do next. How the hell did they reach this decision!!!! :(

How do I go about getting a manual reconsideration? I understand I have to wait until I have received the decision letter.

I appreciate the fact that the DWP has overridden ATOS but they haven't taken into consideration my actual condition and the evidence I have, otherwise they wouldn't have just put my in the support group.

If you're still with me, thanks for reading xx

Any advice would be appreciated.
Last edit: 10 years 11 months ago by Gordon.

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10 years 11 months ago #121921 by Gordon
Replied by Gordon on topic At a complete loss. Atos awarded me 0.
BoB

You can appeal the Decision, a first stage to this is requesting a Mandatory Reconsideration, you should do this within one month of the date on the Decision Letter.

You should also request the documents used in the making of the Decision

ESA medical – what forms to ask for?

Have a look at our ESA MR and Appeal guide for more information on the process

www.benefitsandwork.co.uk/help-for-claimants/esa

this link also has templates for requesting an MR and writing submissions.

One of the things you should do is have a look at the ESA Claim guides and the WCA Handbook (ATOS assessment guide) in regard to the Descriptors you meet, it will help you understand the requirements for each Descriptor better.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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