IB/ATOS Medical coming up... again!

So, there we are, another sleepless night...

My background: having been sacked in 2004, I sued the employer for Disability Discrimination. At the time my GP had referred me to a cardiologist to investigate my frequent blackouts and the employer was aware of that. After a battery of tests, the cardiologist diagnosed me with vasovagal syncope, a fainting disorder. During the employment tribunal case, the judge declared that my condition fitted the description of a disability and subsequently I won my case against the employer. Hurrah and boo, as I've been on IB since then as I became heavily depressed with the whole ordeal although I tried going back to work in 2007. I lasted 2 months and was let go. So back on IB once again and I had an ATOS medical in 2008. I was awarded 3 points! Needless to say I appealed the decision and it took 9 months (!!!) to get that sorted. Within 15 minutes the judge and medical adviser reverted the decision, stating I was in no state to work because of the lack of predictability of my condition. I faint mostly around menstruation as I suffer with very very bad pains, when I'm emotional, stressed, have my blood sampled, hurt myself (pain is a big trigger for a fainting episode), I also faint in my sleep. It takes me up to three days to recover. On top of that and the depression I also suffer hemiplegic migraines which are so debilitating that I had some MRIs done back in 1999. My speech goes out the window, half of my body from head to toe, tongue included goes numb and I must lie down and sleep it off for up to two days. My GP has compared those episodes to mini-strokes.

I am extremely worried about this medical, less than 2 years after the last one, and I've asked for a friend to accompany me. My concerns are whether I can ask to be seen by a different doctor than the one who disgracefully declared me fit for work or whether that's going to make any difference at all, and more importantly if this medical should yield the same results do I have any legal action I could commence for repeated malpractice?

I'm so anxious about Thursday I can't even start to put it into words. The fact that my best friend who is usually present is away on holiday (arranged before the appointment letter arrived with no way for her to change her plans) and I'm finding myself alone and desperatly vulnerable isn't helping.

I don't know that I can go through the struggle of getting a fair treatment again.

I would suggest that it's unlikely (although not impossible) that you will be seen by the same "Healthcare Professional" as you saw 2 years ago. It may be advisable to acquaint yourself with the IB guides in the members Section in particular the one that suggest 60 questions that you could be asked. Also if there is anyone you can take with you to the assessment like a friend or relative to offer some degree of support this would be a help. Have you contacted your local CAB to see if there's anything they can do or your local Welfare Rights Officer at your council?

Thanks for your reply Gareth. I already had a look at some of the IB guides, especially the one about the possible questions during the exam. I am also going with a friend, just not the one that knows me the best. My best friend lives with me so she is the most knowledgeable about my daily life and the best person to vouch for me which is why I am so anxious about her not being there with me.

As for the CAB, they were really helpful throughout the appeal, I am not sure they can help any further. I didn't even know there was a Welfare Rights Officer in my local council. I am finding out so many things as I'm going along, it's truly exhausting.

Hi,

Is your medical examination at a Medical Examination Centre or at home ?

If it's the former, you could tell Medical Services you don't feel well enough to attend ( you certainly don't sound as if you are to me) and ask for it to be postponed until you feel better, (and your friend is back from holiday), although don't include this if you ask for a postponement.

Hope this helps.

Jim

Jima1, the medical is in 3 days, it's probably too late to postpone now. Trying to reach them on the phone is such a pain too as they don't answer their calls on the 0800 lines, when I addressed this with their customer service, I was told they are receiving around 50,000 calls a day at the moment. I also managed to obtain the local number for the local ATOS centre and when I enquired about requesting a taxi to attend the exam, the lady was more than unhelpful, stating I hadn't stated it in the IB50 and I should get my GP to send a form through fax to them. It turns out this is accompanied by a fee, that I can't afford obviously. My mistake entirely, I forgot to mention it in the IB50, my GP surgery has mentioned though that even if I had stated it, ATOS tends to ignore it as the charge would then fall onto them to contact my GP for a certificate and they are renowed for their unwillingness to pay for taxis. Isn't that against the DDA though?

I'm sorry, I'm so sketchy at the moment, I tend to ramble a lot.

Hi CelineL,

Just wanted to wish you luck for your medical on Thursday. I too think it's very unlikely that you will be seen by the same doctor again. Since being on IB, I have had 4 medicals in total and I never seen the same doc again.

If it's any consolation to you, the last 2 I attended, one with a male Dr and the previous a female, both of those doctors fully appreciated and understood how someone suffereing from a variable and fluctuating condition would be rendered unable to commit to regular employment.

Try your best not to let the opinion of the Dr at your previous medical play on your mind too much. Like you have said, within 10 minutes the tribunal members awarded you the appropriate points needed and fully supported that your condition was variable. So try and think positive, all these Dr's are'nt the same.

All the best

Kathy x