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Thread: I'm In The ZERO-POINTS Club :( ATOS phoned today :(

  1. #1

    Unhappy I'm In The ZERO-POINTS Club :( ATOS phoned today :(

    HELP!!!

    I got told I get zero-points today :( (having been on ESA since ESA started) and despite the ATOS 'Nurse' saying I was TOO SICK for the assessment (she would not do the physical exam - as I could hardly breathe and wore a plaster-cast) - (Just THIS week I have been diagnosed now with chronic asthma and on more inhalers/spacer/nebuliser + 6 steroids a day - on TOP of all my other medication)

    I have been told I cannot claim JCA because I am not fit to actively seek work or take a job. They are paying me my money on Monday - then my benefit stops. My only other income is £20 a week - low rate DLA :( to live on.

    I stay with my parents as I am not fit to live on my own, but both they are pensioners. If anything was to come over them (Dad has early Parkinson's Disease) would I be forced to live on the streets? What savings I have (about £2000) is going to my parents to help with my keep. Mum says, we'll manage, but the phone call has made me physically ill, as the ATOS woman was nasty who called.

    I am going to call Welfare Rights on Monday - but further than that - I have no clue how to begin to appeal :( I doubt my health would stand a tribunal hearing (waiting at least another two major surgeries atm). My GP is VERY supportive, I must say. He'd give me a six months (or a year sick note) - (is a sick note for this long allowed?).

    Is there ANY other benefits I can claim, if my health won't permit a tribunal hearing (if appeal fails). I know I have a month to appeal (that's ALL I know). Will I be FORCED to work for benefit when appealing? Or would my money be stopped if I am too sick to attend Work Programme stuff?

    So depressed right now. Don't know where to turn or who to turn to :( What if CAB/Welfare Rights can't help me?

    Sorry to have so many questions, guys/gals :(

  2. #2
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    sorry to here how bad you have been treated you should appeal as ive read 40% or 70% win and while that is going on if you cant get esa or jsa they will have to top up the 20 dla a week you get with income support or somthing but i would think it would only be to the amount jsa would pay untill you win the appeal then they should back date what you are owed

    i would add depression caused by atos and the gov on appeal for more points! it really is sick what the gov is doing just to move public welfare money into private companys and banks why do us brits just sit back watching while the nhs sick disabled ect are sold off and killed? my wifes mother died of motor neurone disease she never got dla only a bit esa towards the end of her life aged 50 they never even got her a stair lift she had to ask a charity so when i read about what was going on with atos a4e nhs and bedroom tax i thought everyone would be on the streets shouting to remove these killers
    Last edited by warbeast; 02-03-13 at 20:53.

  3. #3
    Senior Member RaeUK's Avatar
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    If you are medically unfit to work then, I'm afraid, ESA is the only thing to go for. Please do appeal. I know it's messy and unpleasant but try to stay determined.
    You seem to have a good and supportive GP, that really makes a difference. At least you will still get the assessment rate of £71pw.
    In my case, which is an extreme example, it took me just over 4 years with 3 applications, 2 failed 'medicals' and 2 failed Tribunals. I got the phone call from the DWP on Friday telling me this time I was put straight into the Support Group and no 'medical' required. So determination will get you there eventually.
    I have severe stage chronic bronchitis. One of the problems, I think, with lung disease is that supporting evidence can be few and far between. The modern thinking is that all the care should be delivered by your GP and you won't see the hospital or consultant until the final stage. However, again my view, the plus side of having to go round and round in circles has been that my supporting evidence has built up year on year.
    Now, just to throw another option at you, you may want to consider the possibility of putting in a fresh claim for ESA as your health has got worse (diagnosed with chronic asthma). I say this because, if you appeal, then this latest diagnosis cannot be considered by the tribunal, they can only consider your health at the time you were examined. That said, others far more knowledgeable than I may be able to chip in with their thoughts ...

  4. #4
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    KaterynH
    It looks like you started another thread earlier about the same problems, there were posts from your inital post left maybe you did'nt see them saying about starting an appeal asap.

  5. #5
    davewhit
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    Quote Originally Posted by KatherynH View Post
    HELP!!!

    I got told I get zero-points today (having been on ESA since ESA started) and despite the ATOS 'Nurse' saying I was TOO SICK for the assessment (she would not do the physical exam - as I could hardly breathe and wore a plaster-cast) - (Just THIS week I have been diagnosed now with chronic asthma and on more inhalers/spacer/nebuliser + 6 steroids a day - on TOP of all my other medication)

    I have been told I cannot claim JCA because I am not fit to actively seek work or take a job. They are paying me my money on Monday - then my benefit stops. My only other income is £20 a week - low rate DLA to live on.

    I stay with my parents as I am not fit to live on my own, but both they are pensioners. If anything was to come over them (Dad has early Parkinson's Disease) would I be forced to live on the streets? What savings I have (about £2000) is going to my parents to help with my keep. Mum says, we'll manage, but the phone call has made me physically ill, as the ATOS woman was nasty who called.

    I am going to call Welfare Rights on Monday - but further than that - I have no clue how to begin to appeal I doubt my health would stand a tribunal hearing (waiting at least another two major surgeries atm My GP is VERY supportive, I must say. He'd give me a six months (or a year sick note) - (is a sick note for this long allowed?).

    Is there ANY other benefits I can claim, if my health won't permit a tribunal hearing (if appeal fails). I know I have a month to appeal (that's ALL I know). Will I be FORCED to work for benefit when appealing? Or would my money be stopped if I am too sick to attend Work Programme stuff?

    So depressed right now. Don't know where to turn or who to turn to What if CAB/Welfare Rights can't help me?

    Sorry to have so many questions, guys/gals
    if you appeal you fill in gl24 and supply new sick note there is a max length they will take

    plaster cast wont have got you any points as you see people working with them on,also asthma too with medication even bad if they think controled and you walked into medical room would not have scored many points

    did she atos write on report what she said to you about being too sick for assessement ?

    what are your other health problems they might be where you need to focus ..........seek expert advice too if your main health problem has a forum or charity web site ask them for advice

  6. #6
    What the 'Max' Time for a sick note? Any ideas? This sanction is unfair

    My main problems are internal (stomach) and damaged nerves (arm). Had about over 20 major stomach ops - intensive care - (still more 2 come and a nerve one). Bowel removal has been suggested at one point. Surgeon can't operate again on stomach yet (back in July) as I'm too swollen (as in clothes don't fit - looks like a space balloon from the outside - keeps growing. Told not to bend/stretch). Due to this have bladder and bowel incontinence. This was brought up at medical. Also she knew I had ATOS (paid taxi there and back). GP advised no public transport which was accepted by ATOS.

    My low rate DLA (£20 a week for life) is NOT connected to my ESA claim - it's for arthritic hands (which will deteriorate).

    I only got the phone call (zero points) today, so I have not seen the report. (also did not give her name... just she was a nurse. Took blood pressure and peak flow) When I eventually waddled it to the room - I was unable to breathe/speak to her for the longest time till my inhalers kicked in. I will scan the report for LIES for my appeal.

    Thank for all the support here x
    Last edited by KatherynH; 02-03-13 at 22:05. Reason: Typo

  7. #7
    Senior Member RaeUK's Avatar
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    Sounds like you have plenty of things to gather evidence about. Remember, supporting evidence can even include things like a copy of your latest prescription. I also downloaded the manufacturers chart for the peak flow meter and highlighted where my result was - it didn't even register.
    As for sick notes, mine were always for three months at a time.

  8. #8
    vikstar
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    With regards to the length of the period covered by your Med 3 (sick note) obtained from your G.P.

    For the first 6 months, you can only provide Med 3's to the DWP, for no longer than 3 months cover, after that they can be for 6 months or longer. So it would be 3 months, 3 months then the G.P. can issue 6 months or longer.

    "12. The period specified shall begin on the date of the assessment on which the
    doctor’s statement is based and shall not exceed 3 months unless the patient has, on
    the advice of a doctor, refrained from work for at least 6 months immediately preceding
    that date.

    13. Where–

    (a) the patient has been advised by a doctor that they are not fit for work and, in
    consequence, has refrained from work for at least 6 months immediately
    preceding the date of the assessment on which the doctor’s statement is based;
    and
    (b) in the doctor’s opinion, the patient will not be fit for work for the foreseeable
    future, "


    From, Paragraphs 12 & 13 of Schedule 1 of the Social Security (Medical Evidence) Regulations 1976.

    So if your first and second sick notes are for more than 3 months each, the DWP can refuse to accept them.

    You need your first Med 3 to cover to from the date that your benefits payments stopped, so that there will be continuity of payment of assessment rate ESA. (i.e no gaps)
    Last edited by vikstar; 03-03-13 at 16:47.

  9. #9
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    Right first off I'm really sorry to hear what you're going through, but take heart many many people are winning their appeals and you are not alone.

    You can download the form necessary to start your appeal here
    Form GL24 from here;
    http://www.dwp.gov.uk/docs/gl24dwp.pdf

    1. You have four weeks to get your appeal in. A reconsideration of your ESA claim will be made automatically before being submitted so don't bother asking for a reconsideration, this will happen automatically.So just lodge your Appeal. You also need to contact them and ask for a copy of the ESA85,if it hasn't been sent with your decision letter. Always ask for a name whenever dealing with them about your claim and ask where possible to have correspondence in the form of a letter as you find it too difficult to take verything in on the phone.

    2. You should also tell them, you will be submitting an appeal and wish to remain on the assessment rate.This is very important. Again ask for the person's name and make a note of the date and time of the call.


    3. On the Appeal form GL24 there's not much room to right everything you need, so attach pages where necessary ensuring these have your name address and N.I.number on them. If you don't have easily accessible medical evidence then make sure you lodge your Appeal anyway within the time frame,explaining that you intend sending the evidence in due course, again identify yourself and your details on all paperwork you send in after the GL24.

    I have other help but would take too long to copy here so PM me if you need to.
    Finally when you get the ESA85 go through it with a fine tooth comb and start your appeal by noting anything you disagree with backing this up with evidence where possible. On an additional sheet describe exactly how your illness affects a typical day. It's not enough to say I have asthma, they need to hear about how it stops you doing abc, they won't know if you don't tell them. Tell them what you can and can't do and what is true for the majority of the time, si if for 2 days you're able to dress,bathe and cook and feed yourself but for the reamining 5 days you can't then you must say so.

    Also see here as this may apply if your G.P feels that your health would be severely affected by being placed in WRAG group or being classed as fit for work. They are clauses 29 and 35 and you can find example letters that your G.P may be happy to fill in for you; look towards the bottom of the page if you're able take this with you or have it to hand when you speak to your welfare rights person.

    http://blacktrianglecampaign.org/201...triangle-dpac/

    Others will have more advice so as said please don't despair, I know it seems like a huge and mammoth effort but hopefully it will be worthwhile. I always say that you aren't just doing this for you but everyone has been judged unfairly, this isn't to add more pressure but the more Appeals that get turned over the better it is for everyone.
    Good Luck.

  10. #10
    Thank you SOOO much everyone - your great help and advice have spurred me on to appeal I AM going to FIGHT after all I have STILL not received my letter telling me I got zero points (Just a phone call from ATOS - a nasty one - telling me this). So am I right to lodge appeal WHEN I have got this letter through the post? I have already lined up a GP appointment for a 3 months sick note next week (to give time for the letter to arrive). I am nervous and dreading it, but my GP is a star I'll keep everyone updated!

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