As some of you may know i was recently told that i wasn't entitled to any form of financial support following my spinal surgery thanks to the nice woman at ATOS scoring me a zero at an assessment interview, and stating that i was fit for work from 23rd August...i had my op on the 17th august and was discharged several days later to live with my parent. As such, this has generated a bill for council tax of almost £600 payable in the next 6 weeks, and ive been informed by the council that the ESA will probably want any payments (over payments in their view) returned from august. This is totally unjustified, particularly as i furnished the nice ATOS woman with letters from my surgeon, gp sick notes, occupational health letters, my appointment card and even showed her a photo of me in HDU wearing my neck collar and wired up to an ECG monitor with a drain poking out of my throat and canulars in my hands...yet apparently, in her expert opinion, i was well enough to return to work. Does anyone have any advice on how i might appeal this decision, thereby cancelling the demand for so called over payments and future demands? Also is there a case where i can pursue her personally for some type of professional negligence issue, or issue her with a letter of my intention to sue? This is giving me yet more stress to deal with after my year from hell. Having it just before christmas is a nice touch too... Any help, advice etc would be gratefully received.
I really wish I could help you out Si, you know that. The only advise I could suggest, but one that you would have probably already looked into would be to get some proper legal advice. If you cant afford a lawyer, which it doesn't sound like you can, have a word with Citizens Advice. Hopefully they'll point you in the right direction. Hopefully somebody on the forum will come to you aid thou. Good luck dude
I know a lot of Politicians have bad reputations-but would your local MP be worth contacting?Very sorry to hear about your problems.
+1 with Matt on this, get onto your local CAB who will probably put you on to a reputable solicitor who deals with specialist subjects like yours. Good luck mate!
Are you any of the following...English/Christian/Paid your taxes/never sponged/white? If so Im sorry but your aplication has been rejected, please dont appeal.
If you can get a letter from your GP/Consultant to substantiate your claim it may overule the ATOS decision, there are many who have had this type of hassle as a result of unqualified people deciding on whether your sick or not. I think there is a web site that could offer better advice I will see if I can find it and post it hear. Have a look at Benefit Claimants Fightback
very likely...maybe i should have walked in drinking effluent from a tin cup instead of just taking your shit.
Remember Funky, we plebs are just not worthy. There are other people with cases that are considered much higher prorities for money from the state:
Rudolph, you're as legendary as ever...btw, ive noticed a remarkable similarity between the old bags mug and your avatar...
I would formally ask whoever rejected your claim for information on their appeals process. They must have one and they would be obliged to provide you with that information. It also lets them know that you mean business. Document everything.
Striking the resemblance is, yes hmmm... Is that Jabba the Hutt on the 2nd row wobbling behind Gideon the idiot?
The First Tier Tribunal (Social Security and Child Support Tribunal) hears appeals against ESA decisions Social security and Child Support Tribunal guidance and Forms and how to appeal guidance for Social security and Child Support Tribunal Their how to appeal leaflet: http://www.justice.gov.uk/downloads...s-and-how-to-appeal/HTA_English_Final_rev.pdf Worth going to your local CAB as previous posters have suggested - Citizens Advice has some info on its website about ESA and appeals, including the fact you must appeal within a month of the decision appealed against Citizens Advice - Employment and Support Allowance Also worth a look - the Disability Law Service - http://www.dls.org.uk/Advice/Factsh...yment Support Allowance Appeal Decisions.pdf
Funky - I have detailed knowledge and personal experience of dealing with these types of cases. Feel free to PM if you want some detailed advice - free of charge but without warranty. Pete
ATOS just said my paralysed friend who is wheelchair bound and other things is fit to work!!!!!!!! Yet if you play your cards right as many do ( god knows how !) your a good actor your get signed off work ! If a joke.
Hi there my sister asked me if I could help... Have a look at this: ATOS Checklist « Dwp examination Loads of useful information and in future always make sure you protect your position in advance......it is not paranoid to think they are out to get you cos they usually are
Many people are still "fit to work." Just depends on the type of work. Certainly being a scaffolding fitter is out of the question, but working at McDonalds is somewhat different, as might be a telephonist job. Who defines what your "work" is anyway?
Most are fit to work somehow, its employers that are often unwilling to take a risk on someone who isn't 100% if the govt solved that, and actively helped those less-able in some way, maybe we'd all be paying less tax. Oh no, hold on, wasn't that what Remploy do so well until the govt withdraw funding...
