benefits change

[Potstubsdustbins]

Jax, do your ranting on here you will always get a sympathetic ear. Just don't rant at the idiots dealing with your case they are used to that and would use it to give them an edge. What they have trouble dealing with is someone who stays calm but determined.

All the best Colin

[snohare]

You have my complete sympathy, Jax. I'm just waiting for this same thing to hit me. The stress just eats at you. As there are no jobs available to me by virtue of my location anyway, it is kind of irrelevant, but I know from past experience that the review and appeals process itself is traumatic and harmful.
As previously mentioned, try getting big guns like your MP and local newspapers on board. Atos, who are the company that the DWP's assessment and support resources were sold to, have lots of form for failing to stick to the rules. Their parent company Unum is now banned in most States in the USA, has lots of convictions for dodgy business practices, and thus it is vital to them that this new process does not get too much political flak that may derail their plans to repeat past US operations over here.
My MP was very supportive and knowledgeable when I was doing my last medical review, as this is a common problem for MPs to be dealing with. Blatant failure of Atos to observe the rules is still seen by the benefits tribunals as pretty unforgiveable, so while you may lose initially with Atos, there is still a voice of reason who is likely to find in your favour; the problem is living on the reduced income while waiting to see the tribunal. (I simply took to bed for six months, didn't heat or eat much.)
There are key words and phrases to use in the forms which (supposedly) trigger specific responses and findings by the reviewers; the CAB will have a good idea of what these are, and whether case law needs to be quoted (some of what the forms tell you may be - perhaps purposely - misleading) although of course this relies on accurate, legal interpretation of the answers.
Some of the Atos staff are good people, and very helpful - or it used to be so, in my experience - while others are the sort who would say black is white. Don't be afraid to insist on an advocate, and to record the assessment interview when it finally happens. (They may insist this is illegal, or insist on "properly qualified camera crew" as a requirement; it is not, particularly in your own home. Don't be intimidated, just don't mention it until they arrive.) If you get a doctor you may have struck lucky; most staff recruited nowadays are specifically not medically trained, they are clerical staff working towards quotas of failed applicants.
Both with MPs and Atos, I found it useful to be able to give out friends' and work acquaintances'/neighbours' contact details, so that they could be contacted for further information and the story as they see it day to day. Obviously this is something you have to ask their permission for first, but generally people who know your problems are very sympathetic and willing to help. Atos may or may not pay attention, but it certainly establishes your bona fides with the MP and any other campaigners/media you may contact.
It's a hard time, but remember there are people out there who are willing and able to help you - you have powerful friends, even if you have never met them ! And even if incompetent and uncaring officialdom does badly by you, it is by the same token likely to forget you in the future, and most particularly not even bother to argue its case at the appeals tribunal. I'd say that if your hubby is found to fail to qualify due to not going to this assessment interview, it is so blatantly nonsensical that is the seed of your eventual success at appeal.
So chin up, it's a horrible but rare experience which will one day be just a bad memory. Think of it like a colonoscopy !

[Jax]

Aww thankyou guys, especially Snohare. It means the world that you have gone to all the effort to write all of that. So here we are as it stands now. The job centre was useless but lovely. So I spoke to Atos as it seems I am to beg and plead with these people. The girl who I spoke to was helpful and postponed the appointment whilst I gather evidence/ammunition. We have spoken to hubbys ex therapist and she is sending a detailed letter as we were now told that its due to lack of evidence that we were turned down. Before I started my calls I wrote all of my questions and points down so that I was clear and concise. Now we have to wait. One of the things I am concerned about, and I will be discussing it with them, is that these people are not qualified to be dealing with mental health issues (or as far as I understand any medical issues) and that they will without realising open him up and then leave him which is categorically dangerous. You should never open somebody with past trauma up and leave them especially if you are not qualified enough to know what your doing. I will be telling them that they are not to delve into his past and why he is agoraphobic. It has no relevance to him working now and therefore they do not need to know. I have had to deal with someone from the job centre accidentally opening him up, screwing with his mind, and then leaving him and that is not an experience I want again. Hopefully this will all be over soon as the stress is really affecting him.

You guys have been my rock so thankyou all xx

[Jax]

Hi guys, just thought I would update you all as I know alot of you are going through the same. We managed to get a letter from his ex therapist. Blimey that was hard. When she said if we ever need her just call her and they will put us straight through, SHE LIED. Anyway after battling the stupid secretary that was incredibly rude she wrote a letter and Atos received it. They then backed down and agreed a home visit. After ages we got an appointment. We finally had the appointment today and she was a lovely lady. She went through the questionarre and hubby was quite visually distressed by what was happening. She has said she will recomend for him to be in the "support group". We have to wait for confirmation and to find out what the rates are etc but it seems the majority of this is over and done with now. Thankyou all for your support xx

[Florence Fennel]

I bet that is something of a relief Jax, hope it all works out well for you both.

[rustylady]

Thanks for the update Jax. It must have been awful waiting for the interview, but hopefully everything is sorted now.

[Potstubsdustbins]

Hopefully thats a result.

Colin

[perkin]

Glad to hear that you might be through the worst of the grilling Jax. Hope you and your hubby are doing okay through all of this.

[Glutton4...]

((Hugs)) to you both - at least it sounds positive!

[snohare]

If only I knew which website to get them from, I'd have a row of hula skirt waving, cheering dancer emoticons to show my happiness. So chuffed to hear things have gone well !
Here's hoping that's an end to it, ill health is suffering enough by itself.

[Jax]

Thankyou Im counting on it being the last of it. Hubby was lovely last night in way of an apology for being such a grumpy bum. So feeling very positive.

[Jax]

Snohare, I feel the hula skirt waving, cheering dancer emoticons in spirit

[cardiffsteve]

Hello Jax

I wish I had seen this thread before and could have offered some advice as I have been through a similar thing.
I suffer from depression and anxiety and have done for 4 years but nowhere near as bad as your OH. I've been out of work for a year.

When i first had atos assessment they found me fit for work and i had to appeal. The decision was overturned at tribunal.
I got a lot of help from MIND and community mental health team.
Atos are useless and lots of decisions get overturned at appeal.

Anyhoo...

Directgov website says that support group get �99.85 per week, paid fortnightly.

Employment and Support Allowance - rates : Directgov - Money, tax and benefits

If OH wants to do some works try contacting the Disability Employment Advisor at your local JobCentre Plus. Ask if they do home visits as OH doesn't go out. They may put you in touch with the local Work Choice partner who will be able to advise if there is any work OH can do from home.

If not already done so ask GP to put you in touch with the community mental health team as they have employment advisers as well. They very good.

Glad that ordeal is over for your OH.

Keep smiling

Steve

ps Was very hard for me to give out personal info.

[Two_Sheds]

i had to appeal. The decision was overturned at tribunal ...lots of decisions get overturned at appeal.

Good for you. The "test" is pathetic ... squeeze my fingers, touch your toes. Yep, you're fit for work chum.

40% of decisions are overturned at appeal, but what the DWP are doing is making you take another test in 6 months time. In the hope you will just give up and die, I think

[Jax]

Thanks Steve, it means alot that you share your experience. Atos are bloody useless, however, the woman that came out was helpful. She told us what to do to escape being put through demands of travelling thirty miles. Hubby couldnt even enter the same room as her. He stood in the kitchen whilst she was in the dining room. She has promised me our case notes and that he wont be expected to work. However it still has to go to the decision makers but that it is just a formality. I dont know as of yet how much I trust these statements. Our mental health team will no longer talk to us as we arent under there care. We have tried but they deny any contact whether through us or the doctor. The doctor wont see us as he has no time to come out! Rediculous. Anyhoo, that is another matter! Im just so glad I have so many wise grapes that are willing to share there knowledge and advice. I am pretty sure �99.85 is lower than what we currently get which is a worry. If our benefits go down we will loose our home. We are currently topping up our benefits with OH's DLA but only just as when we moved here we were starting to attempt to start a family but what with stress and hubby falling ill it wasnt possible. We have been clinging on to the possibility of completing this dream. I dont know, we will just have to wait and see. I will definitely contact the Disability Employment Advisor at your local JobCentre Plus. I would love for us to work even if its from home.