Laying down at an esa cross examination

pata1 wrote:

The medical professional may well argue that if you can travel in a taxi seated for 12 miles across London, then you are capable of sitting whilst the interview/medical is carried out.

Pat. This highlights the point I was trying to make. ASSUMPTIONS will be made - that anything you do was easy for you, caused no pain or fatigue or other consequences (such as exacerbation of symptoms), could be repeated endlessly ... and so on.

That's why it's so important to say very clearly when things hurt, will cause exhaustion the next day, etc. In particular, the question of repeatability can be crucial. Perhaps I could sit in a taxi for 20 mins, but would then need to lie down for an hour to recover rather than sit for a further 40-60 minutes in an unsupportive chair.

It's hard to believe that the HCPs employed by ATOS can be ignorant of these obvious points. I can only assume(!) that they have been instructed NOT to enquire about such things, but rather to assume the best interpretation of the patient's abilities in every case. They must either toe the line or leave. Shameful. Degrading for them and for the patients.

Hi Andy,

I totally agree with all you say.

However, Atos Health Care Professionals have clear guidelines given to them on carrying out medicals.

Quote from their handbook, page 43 :

Pain must be avoided during the MSO examination. The claimant should be advised to inform the HCP if any movement
is uncomfortable and further attempts to move that limb/spine are then avoided. The MSO should never be slavishly followed-always be prepared to curtail the sequence of actions if a claimant indicates they are uncomfortable.

If your actions were ever queried, you should be able to justify anything that you have asked the claimant to do, with regard to undressing and their participation in the examination process. Similarly you should be able to justify any omissions that you have deliberately made in these areas, particularly if these might be considered to deviate from usual disability assessment practice.

The full ESA Handbook is HERE

Pat

Last night I had a conversation with my mother (her short term memory is getting worse) and told her again of my medical on the 21st. I told her that I have proudly paid support taxes for the NHS and so one for many many years. I informed her that a private organisation, Atos, has been brought in to deal with benefits and the award of benefits for people who are ill/disabled. My mother lives in America and is not familiar with socialised medicine. I then explained that very ill people, who like myself have submitted all required specialist notes, fit notes, and filled in tome-like application forms, were required to travel distances for a medical by a "trained professional". I mentioned of course this website and the wealth of information here, especially about what to expect at the medical. I told her that Atos was brought in to cut benefits and not for the cheats (fair enough) but for those who are ill as well. I gave her other examples of people of ill people going to medicals, like Andy and a man who was 65 years of age with Parkinsons. My grandfather, her father in law died of complications related to Parkinsons. We know first hand what Parkisons does to people. She said that this ordeal was "despicable". I said yes Mum, it is.

bit of subject really - but i think is only us genuine cases that do actually go for the medicals - my parnter is on esa (altho physically ok for work he was signed off by gp as stress and depression of looking after me - laid up with fibromyalgia, 4 years old twins,running house and also working got too much) anyway receptionist from ATOS rang him other day to book medical and he said yes thats fine and she sighed relief as it was her last phone call that day and he was the only one available for interview!!! makes you wonder doesnt it.....
shrimp

shrimp wrote:

bit of subject really - but i think is only us genuine cases that do actually go for the medicals - my parnter is on esa (altho physically ok for work he was signed off by gp as stress and depression of looking after me - laid up with fibromyalgia, 4 years old twins,running house and also working got too much) anyway receptionist from ATOS rang him other day to book medical and he said yes thats fine and she sighed relief as it was her last phone call that day and he was the only one available for interview!!! makes you wonder doesnt it.....
shrimp

shrimp you seem to asume so much in another post you say everyone gets turned down for DLA first time ( they dont) and here you say

"only us genuine cases that do actually go for the medicals " thats rubbish I have never had a medical for dla or IB as have not many other genuine cases you really should pick your words better IMO your slurring many ill people who just happen to have very good records .... that even atos and the dwp can see are too sick to work

where as Fibromyalgia continues to be a disputed diagnosis. Many members of the medical community do not consider fibromyalgia a disease because of a lack of abnormalities on physical examination, and the absence of objective diagnostic test "touché

Hi Shrimp,

Can you please word your posts factually in a way that do not cause offence to other members which has led to complaints about how they're worded.

It is not true that everyone who makes a new claim for DLA gets turned down, around 50% receive it at first claim. Nor is it true that all DLA claimants have to face a medical before they receive DLA.

This is based on my past experience as a Welfare Rights Officer for nearly 30 years, and 10 years as a DLA Tribunal Member.

Also, all members please note, this thread is about ESA, not DLA, so please keep on topic.

Many thanks for your cooperation.

Regards.

Jim