atos medical

Hiya
won tribunal august 2010 got to start all over again,at the last medical my son who has desease affecting both hands for which there is no cure was told to move an object by using the sides of the palm of his hands this he did but it caused pain as anything touching his hands does can he refuse to do this? only got 9 points last time when asked if he could pick up an object from floor (he cant) was told he would if it was a pound coin.the tribunal judge told him he should apply for dla he was awarded middle rate indefinately I would be grateful if anyone has any advice thanks

Has he had the decision from the DWP yet? I'm reading into your post that he has, but you don't actually say so.

If so, get a copy of the report from the DWP, which will show you how many points he scored for what.

Then take a look at our guide to appeals in the Help for Claimants section.

As to your specific question, I can't see that he could be expected to do something that would cause him pain. It is also worth mentioning that he doesn't have to be able to do something once, he has to be able to do it repeatedly, and if he is in pain from doing it once, this may affect his ability to do it again.

Hi this was last august got 9 points for not being able to move 1 litre had to go to tribunal won was put in support group now being reassesed .got no points for not being able to hold pen and as I said dr said he could pick an object up with no problem if it was money he just did not want to

Which can be excused as the ATOS doctors are being asked to provide their opinion, which is personal to them. They could be lying their heads off just to keep in the testing programme and so keep earning the money, that's always a possibility too. But they have to be allowed to give their opinion, however worthless you might feel it is.

BB

well this is very concerning, only one side use of body and left side limited hand movement, due to shoulder operation, due to a car ruiing me done, now redone this part at weekend due to accdent at home. now no advocte, to hlep appeal incorrect desccion by a nhs soical worker, whom i had to report, over her abuse to me, mentally and incorrect comoments on emails about me to third parites without my consent, now, cause of this her head of her team, of nhs trust discharge me when cpa care paln still waiting to complte, so now today esa50 medical form sent under old name, to fill in , where or how to i get advote to help, as local one closed done due to cuts, and one finger , usering of only hand that works, exemly worrying, is thier baw, donwnloadable in fo, to print of step by sept guild how to fill this from in?

To find out if there is anybody in your area to help you with your ESA claim, you can refer to Community Legal Advice.

There are two guides to help you fill in the new ESA50 entitled "Employment and Support Allowance claims on physical health grounds: a guide to the work capability assessment" and "Employment and Support Allowance claims for Mental Health and Learning Difficulties: a guide to the limited capability for work assessment" depending on the nature of your illness/disability. These can be found amongst other useful ESA publications in the ESA resources.