Just been told I am fit for work!

Only found this wonderful website a few days ago - too late to help me with my claim form and med assessment.

I have already requested an appeal - but I am also putting in a new claim as my condition had worsened between completing my med form and the date of my assessment (nearly couldn't attend through a bad attack of my condition which lasted 6 weeks) - a point I did strongly bring up with the assessor - she seemed v. sympathetic, but the decision maker obviously wasn't! I am now also on meds for a new condition, so although I am appealing about the original decision, I am putting in a new claim. Jobcentre+ initially told me if I put in a new claim my appeal would be cancelled - took 3 phone calls to get them to agree to send me a new claim form, as my decision letter clearly states that you can claim again within the 6 months of your decision letter if your condition worsens or you start to suffer from a new medical condition, without it affecting your appeal! Got you there Jobcentre+, I have it in writing.

The claim form hasn't arrived yet, of course, if it doesn't arrive shortly I will apply on-line like I did the first time. If I'd found this website earlier I would have known how the system works and could have been much more aware of how answers are interpreted. I was naive and honest, so when I saw the med questions on the form I thought they didn't really cover my condition and I just thought that I could write a sheet explaining what my condition does to me and it would get covered in more detail in my med assessment - how wrong I was!

Just before my med assessment date a social worker acquaintance told me I should answer the questions on the form and in the assessment as how I am on my worst day - too late, as I'd already completed the form and my assessment was 2 days away. On my med claim form I had generalised, which I now realise was wrong.

My assessor was very nice and actually at the end of the assessment she said that she would be recommending me for the WRAG because of my heart condition, chronic and severe lung disease and arthritic joints! She even said that I may be able to claim DLA. Thought she was being very helpful, and even if she was, the decision maker totally ignored everything that she said she was going to report on! My decision took 7 weeks to come through - when I called JC+ to query the delay they said my file had been sent back to ATOS, which I was told was very unusual - I then began to have my suspicions about how the decision would come out.

I am 62 and have been self-employed for 20 years with no benefit claims in my life (apart from when I had my 2 heart attacks and by-pass graft - claiming incapacity benefit for 6 weeks and 8 weeks respectively.) I cannot leave the house for days, sometimes a couple of weeks at a time, and they tell me I am fit to work. Thank you ATOS/DWP I am so pleased that I am now cured!

Oh gosh, so sorry to hear your news. At least you've found this website to help you now!

Glad to see you've got a sense of humour, you'll need it in dealing with ATOS/DWP!

Good luck for your appeal and do read up on here about DLA as every bit helps.
Best wishes
Penny

Hi Pilotman,
I was flung onto the scrapheap last November, and have spent the last three months reading the Bens&Work docs and others. It's like a full time job. From what I can gather, the decision to fail a claimant at the LCWA has already been made before the ATOS health professional even sees you, about six weeks into the claim, although ATOS is involved in the process. That's called the pre-board check. I believe, and this is my opinion, not Bens&Work, that the ATOS medical is just to rubber stamp the decision that's already been made. I'm also going to Tribunal. I wish I'd thought of submitting another claim. Good luck any way.

You can still submit a new claim even if you've lodged an appeal.

Hi Penny - thanks for the advice - I think I have a lot more reading to do!

Hi, sorry to hear you are having a rough time of it as well. I feel that what you say is correct - just a rubber stamp procedure. When I had my heart attacks/by-pass I could have given up work, but I wanted to stay active and went back to my self-employed job. Then I had the mis-fortune of getting an incurable lung condition (on top of my asthma) which I have struggled with for 6 years, but still kept working as much as I could. Finally in Sept 2009 I was worn out and found I was cancelling work because I was too ill, so I went to my GP and asked for a sick note - he gave me a sick note for a year and said he didn't know how I'd kept going for so long! Then a faceless civil servant who has probably never heard of my lung condition (in addition to everything else I suffer from) ignores my GP's opinion (I shouldn't think that many docs give out a sick note for 12 mths lightly) without even requesting a report from him, and also without requesting a report from my specialist (a Professor working for the National Centre for Lung Disease - all in my med form). Oh well, just have to carry on fighting - I am glad I have my wife to help me with all this, as I don't think I could do it on my own. It's good to rant every now and then! Best of luck with your tribunal and thanks for your support.