Having ESA appeal turned down,what next?
chrisii2011
Posts: 2,694 Forum Member
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My mum has just lost the appeal for ESA,what can she do next?shes very ill and cant walk well but they have found her fit for work when she isn't?what can she do as shes too ill to work?
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Edit: Just re-read and realised you said she'd lost the appeal. I got mixed up and thought you meant the medical assessment. Sorry I don't know what happens next.
She has several physical conditions aswell as mental conditions where she can hardly walk and is in great pain.
but really do get to the CAB at your earliest opportunity
Might also be worth your mother requesting SOR (statement of reason) from the dwp as well
Who was the medical with?
I respect its the sort of thing you don't need to hear but above all else try and remain calm, your not the first to go through this process and certainly will not be the last
Something worth bearing in mind in almost all cases the medicals are conducted based on the claiments condition on that day, they'll pretty much discredit all "history" in regards to the condition of that individual..
Good luck
If it was a reconsideration then you should still be able to appeal to the first tier tribunal (within 1 month).
If the "appeal" was turned down by the first tier tribunal, then you may be able to appeal to the upper tribunal, but that has to be because you believe that the first tier tribunal made an error in law when considering the documents and testimony in that appeal.
This may be useful, but you really need to consult your local welfare rights or CAB:
http://www.dls.org.uk/advice/factsheet/welfare_benefits/employment%20support%20allowance/Employment%20Support%20Allowance%20Appeal%20%20Decisions.pdf
Good luck!
If by lost appeal you mean she has already been through the tribunal stage then I do not believe there is anything that can be done. But you might be able to seek advice and find otherwise.
Yes i believe it was this initial ask us to re-assess
Don't worry nearly everyone fails the Atos medical and the reconsideration stage is rubbish too, the decision maker just rubber stamps the Atos report.
If you are at the reconsideration stage then You can ask to appeal. Phone the Benefits office and and tell them you want to appeal the Atos decision and that your mum wants to be paid Esa at the Assesment rate. Whatever you do and whatever they say Do not start a claim for Jsa.
Secondly get a appointment with your local welfare rights person or Cab, they can help you with the appeal and also may get someone to represent you in the Appeal.
Appeals can take a year to get seen, You'll have to send in sick notes (Fit notes) every so often whilst appealing.
I want my money to go to deserving people, not to long term malingerers and serial fraudsters.
Whilst there are "long term malingerers and serial fraudsters" out there, unless you know the OPs mum and the circumstances and process behind this may I suggest you go stick your head in a pig.
My mum is in a similar situation to yours OP, but we are a bit behind in the process. She is talking to the CAB. Will watch this thread with interest.
ATOS independant experts are you haveing a laugh?
Now now, no need to be rude, the OP's mother failed the initial test and then failed the appeal [ presumably by another independant assessor ] , even to a dim person does that not indicate something ?
Can two assesments be wrong ?
If I read correct the 2nd 'assement' was a DWP person just looking over the file.When it goes to a full appeal (with doctors on the panel and a face to face meeting) yet again ATOS will be proven what they are a total bunch of muppets.
the amount of appeals being won is proof enough ATOS simpy not fit for purpose.
Perhaps read the thread throughly?
The OP said they asked for a reassessment, which upheld the original decision. This happens probably 90-95% of the time.
The fact is the DWP, and by association ATOS, are under pressure to reduce benefits. They don't care who is hurt along the way.
OP, request a formal appeal, and do it quickly. It will probably take months but your Mum will at least be on the assessment rate, and if she wins will get the balance back dated.
Good luck. I've been there, but with the right support and documentation things should work out in the long run.
ATOS do not have a clue. I have had the unfortunate experience of dealing with them in the last year. You are supposed to be assessed within 13 weeks. On my first assessment, they rang just as I was being picked up to go and cancelled, with 40 minutes notice.
At the next appointment I arrived in good time and was told they might not be able to see me.I waited for an hour, then was told the assessment wasn't possible. The receptionist could tell I was ill and in distress. At this point I was due in for major surgery within the next 10 days, so she copied my hospital letter and said I could get a home visit.
Cut to the day before my surgery: I was going to be in hospital for some time, the post came and there was another ATOS letter saying I had to come in within the next two weeks. I rang them to discuss the home visit, but they could not be any less helpful or sympathetic. I had to contact my GP, write him a letter of authority, and get him to contact ATOS all within two hours.
Whilst I was in hospital, my wife received a call from ATOS saying I wouldn't need to come in.
A few weeks later, the DWP rang me to say I was in the Work Related group, and I received a back payment. Two weeks later, I received another assessment form from ATOS!
I was only due to receive the ESA until November anyway.
I then get another letter telling me I had been put into the Support Group. I really don't know what is going on behind the scenes, but it must be costing as more than what is actually paid out in benefit.
Even though my ESA was hard won, I decided to try and work anyway. I found a job that I will hopefully be able to manage. I can't afford to help support my family on £105 per week.
Yes they can because the DWP only look at the file, they never see the person.And the DWP cannot be independant assessor.The only time independant assessors are used is at the proper appeal stage
My mum is no frauster that i can assure you
Yes. It happens every day. Read the wikipedia entry esp the 'contravery' section. There have been several documentaries- check 4od before you make nasty and ill informed comments to someone who is upset.
If you cant be nice while someone us distressed then keep it to yourself. Its hurtful to them, so unnecessary for you to speak out- it contributes nothing helpful.
Many, many doctors, surgeons, specialists etc are opposed to atos. There are doctors on here who dispise it. There are constantly letters in the lancet etc deriding it. No charity representing any health condition supports it.
The atos specialists are nothing of the kind- how can a chiropodist make decisions about a complex medical condition in a 15 minute interview??
A girl of 22 with the mental age of a child was recently found fit for work- i think the only question she correctly answered was her name. Her age, the day of the week etc she answered wrongly. The interviewer passed her fit fir work, despite her needing constant care.
People with letters from specialists saying they are terminally ill, unable to care for themselves etc have been passed fit- died before their appeals have been heard.
Please read up on it. I have a health condition- one of my online friends with it was passed forlt for work, and scored 0 points by atos. He appealed twice, and was eventually awarded 38 ponits. The minimum threshold is 15, so he is well over it. I nolonger go on the forums for this condition as i am so cut up by the posts from people who are very ill but being wrongly passed fit by nurses who are under trained. Many mps are apolpletic about it, having heard first hand the problems constitutients face. Its not about health, its about cutting money. Its smoke and mirrors, and divide and rule.
If the gmc is so critical of it- as experts and specialists- they are the ones whose opinions we should heed. They know healthcare better than some dodgy french company hired to bully people into dispair- there are already documentated caes of suicide due to atos. Its rotten to the core.
Ugh!!! None of these people caused the recession yet the tabloids and people like you continue to round on them. I assume youve protested against and boycotted all the multi nats who avoid uk tax?? And all the banks that caused it?? Because they are not hurting, despite causing it.
OP i really hope your mum gets help. With support from the CAB etc 70% of claims are reinstated
It will take a while but youre pretty certain to get through ok. The CaB are amazing. Im so sorry you have this stress. Hope things improve and you get good help xx
1. Don't panic or get upset because this can be dealt with;
2. Get the advice of your local Citizens Advice Bureau http://www.citizensadvice.org.uk/index/getadvice.htm, community legal aid centre or claimants' union to help with the appeal because that doubles the appeal success rate;
3. Get up to date supporting statements about the condition from the GP/consultant to send in as part of the appeal;
4. Compile the appeal using the relevent guides from here: http://www.benefitsandwork.co.uk/buy-guides
5. See what the appeal process will be like here: http://www.youtube.com/watch?v=tbWXG6Ho4i8
6. Read through this thread here for more advice: http://forums.digitalspy.co.uk/showthread.php?t=1293271
Good luck to you and your mum, chrisii2011.
His mum has failed the appeal.
As the OP believes the appeal decision is wrong, then he should contact not only CAB but DASCAS. Most importantly, contact his MP.