ATOS doctors are not qualified to say if you can or can't work because of mental health, they are not psychiatrists, psychologists or mental health professionals.
ATOS are not supposed to have face-to-face interviews with those claiming ESA for mental health issues.
But they do.
That is why so few people get awarded ESA, because ATOS have no idea what they are doing assessing them.
It's under the government guidelines that ATOS DO NOT interview those unable to work due to mental health. I understand those with mental health issues struggle to fight their corners but this is one you should try.
Honestly, refuse to see ATOS and cite everything you can thats been in the news about ATOS not knowing what they're doing.
My mum works for part of the DWP so she gave me the information that I cited in the letter i sent with my sicknote from the gp and a letter from my psychiatrist saying I would not be attending any ATOS interview unless it was with a registered psychiatrist.
Two weeks later I had a letter saying I had been awarded ESA as long as I had sick notes from the gp.
ATOS are not supposed to have face-to-face interviews with those claiming ESA for mental health issues.
Quote:
Originally Posted by property
It's under the government guidelines that ATOS DO NOT interview those unable to work due to mental health. I understand those with mental health issues struggle to fight their corners but this is one you should try.
Can you provide a link to that? Would be interesting to read, because it's the first I have heard of it. I know there was a ruling against the DWP/ATOS which said it was "unfair", but nothing about ATOS not doing the assessments.
If you can afford to have no income because your ESA application gets rejected, then perhaps try it, but it's a risky move.
Mum works for a different DWP office than the one that dealt with my claim, so doubtful, considering how many claims they get.
Claire, I'll get mum to email through some of the documents, I don't remember much of it as I was in hospital at the time (which helped my claim no doubt). Also, I previously worked for 10 years paying tax and N.I. Now I know these things shouldn't be taken into account but they may have been when looking at my N.I number.
I wouldn't say my ESA is a lot to live off though, then again I'm coming off it by choice and hopefully going into work again soon.
As the op wants to work and feels they can going through esa may by a long undue process, as i said ask to see the disability advisor in the jobcenter and ask for your claim to change the rules regarding hours due to health.
"Its not how long a star shines, what is remembered is the brightness of the light"
As the op wants to work and feels they can going through esa may by a long undue process, as i said ask to see the disability advisor in the jobcenter and ask for your claim to change the rules regarding hours due to health.
ESA is for those who want to work too, but who may need some support to do so, or who cannot fully comply with the conditions of JSA.
I've spent the last few hours crying just how she spoke to me made me feel so dirty and disgusted...
Wrote a few things down for the Doctor's how i'm not coping etc.. Going to ask if i can have a letter to show the jobcentre i'm not making it up, and to say i can do part time work just not 40 hours a week.. i'll ask about ESA but leave it at that, and see if i can get any help or anything... I just hope they do listen, i'm falling apart...
Can you remember who you were, before the world told you who you should be? — Charles Bukowski
We all wear masks everyone everyday. Sometimes we wear them so much we forget who we really are - Nikita
I've spent the last few hours crying just how she spoke to me made me feel so dirty and disgusted...
Wrote a few things down for the Doctor's how i'm not coping etc.. Going to ask if i can have a letter to show the jobcentre i'm not making it up, and to say i can do part time work just not 40 hours a week.. i'll ask about ESA but leave it at that, and see if i can get any help or anything... I just hope they do listen, i'm falling apart...
As i say ask to see the disability advisor in the job centre and to be put under their caseload and not anyone else, they are the ones they are there to help people like yourself and they are much better than the normal advisors because they take into account your issues and help work around that. I already have said this but you have not replied to it or taken notice. If you speak to them and explain everything they can amend your job search agreement to what suits you and what will help. Taking a letter to the job centre is going to do nought unless you can speak to the relevant person which would be the disability advisor.
And as i asked before have you been applying/looking for jobs and how much time do you spend doing so? Because you need to spend a set amount of time doing that each day, a few hours at least each day. Im just trying to find out why they made that comment and if its to do with not looking enought.
"Its not how long a star shines, what is remembered is the brightness of the light"
I'm under the jobcentre and when I signed up I had to agree to work 37 hours a week, travel up to 90 minutes for a job and to carry out 5 job searches a week. I even said I couldn't work wednesdays because of therapy which they accepted, and I said I couldn't work high pressured jobs due to my depression which they also accepted.
Isn’t it funny how day by day nothing changes but when you look back, everything is different…
you once called your brain a hard drive, well say hello to the virus.
Every job center will have a disability advisor but if you get told about them or not it down to the people working there but you have a right to ask as you qualify under the disability act, it may be better if you cant phone to give someone permission and tell them you want to be put under their caseload or pop in their and ask to see them rather than the normal advisors.
I have to say your list sounds rather unreasonable as the requirement at the moment is 20 something hours a week to look for a job (unless your in an area trailing the new universal thing).
In the meantime i think you should pop in and ask about being under the disability advisors caseload then speak to CAB for advice because if my agreement said that i would be doing the same, but please do both the things i suggested.
"Its not how long a star shines, what is remembered is the brightness of the light"
Mum works for a different DWP office than the one that dealt with my claim, so doubtful, considering how many claims they get.
Claire, I'll get mum to email through some of the documents, I don't remember much of it as I was in hospital at the time (which helped my claim no doubt). Also, I previously worked for 10 years paying tax and N.I. Now I know these things shouldn't be taken into account but they may have been when looking at my N.I number.
I wouldn't say my ESA is a lot to live off though, then again I'm coming off it by choice and hopefully going into work again soon.
ATOS do cover mental health issues, refusing will probably mean your benefit is stopped.
The reason you didn't have to go was because you were in hospital, you will automatically get it if you are in there.
Paying previous tax and national insurance will only determine which ESA you get (contribution based or income based), it doesn't have any say in whether or not you get it.
i am on esa and there is two groups for it one is the work based activity group and the other is the support group. from what i have been made to believe if you are in the work based activity group you can do up to 16 hours of paid or voluntary work or college a week without it affecting your claim. i know you can work in the support group part of it but i think it reduces the amount of money or they put you into the work based group.
as i say this is just from my knowledge of being on it i do know that you have to make sure you send off your sick notes about 5 days before your other one runs out otherwise if they dont recieve it before the other one ends i8t can be a pain.
hope this is helpful
Just when the caterpillar thought she was dying she turned into a beautiful butterfly
Just been to the doctors explained everything how i feel and how the jobcentre is treating and reacting to me.
She gave me some anti depressants and filled in a form called "Statement of fitness for work, for social security or statutory sick page" and ticked the box saying "i advice that, you are not fit for work".. for 28 days (she told me i need to come back after and i will)
Read on the back that i will need to tell the jobcentre (going down after lunch) and that if i want to make a new claim for social security benefit i will need to ring up the number on the piece of paper. Going to see what the jobcentre says and what to do next.
Can you remember who you were, before the world told you who you should be? — Charles Bukowski
We all wear masks everyone everyday. Sometimes we wear them so much we forget who we really are - Nikita
i am on esa and there is two groups for it one is the work based activity group and the other is the support group. from what i have been made to believe if you are in the work based activity group you can do up to 16 hours of paid or voluntary work or college a week without it affecting your claim. i know you can work in the support group part of it but i think it reduces the amount of money or they put you into the work based group.
as i say this is just from my knowledge of being on it i do know that you have to make sure you send off your sick notes about 5 days before your other one runs out otherwise if they dont recieve it before the other one ends i8t can be a pain.
hope this is helpful
Not quite. In the support group, they pretty much accept that you cannot work, but the criteria for this is strict. If you are in the WRAG category you will be expected to attend occasional work-focussed interviews and other things, as you are expected to be able to return to work, but with support to do so.
