Join the club, failed ATOS medical again!

[esagestapo]

Yes, I got the denial letter dated 19th April, these people really are jokers. Just how many times must I go to Tribunal to get ESA, 3 or 4 times so far, and won each time. The pattern is, get seen by a nurse, fail the medical. Get seen by a doctor, pass the medical.

I still have over 2 grand in the bank from the last win so I won't be short of cash, on the plus side, I can stop paying council tax. I have just installed MS Word on my PC, so let battle commence.

I must supply medical certs during the appeal. I am sure my GP thinks she is claiming ESA herself with the amount of letters and certs she has written for me in the past.

I notice a couple of changes to the options since I last appealed,

1) I can ask for an explanation.

2) Ask for a written statement of reasons.

3) Ask them to look at the decision again.

4) Appeal against the decision.

Now I am no genius but even I can see the first 2 options are totally and utterly useless, Asking them to explain themselves? I already know they are dirt bags. Statement of reasons? we know there is no rhyme or reason for these decisions, other than to put people off claiming ESA.

That leaves 3 and 4, so I will ask them to reconsider, if not, send me to Tribunal again, and I will include my copies of the previous legal rulings made in my favour.

My health has not improved so they must go by the previous rulings by law, at least I think that's how the law works.

Have a nice day everyone, don't feel bad if this happens to you, send off a GL24 to the address on the letter they sent you, or you can use a plain sheet of paper. that's nice isn't it, trying to save a tree or two now.

Remember to keep fighting, never give in, unless of course if you happen to die, then your claim is void. The headstone may read, Applied for ESA, still waiting for appeal date, see headstone for proof of illness.

[Lima6MCT]

It should be that the first two items (an explanation & statement of reasons) are provided to claimants as a matter of course along with the letter informing them that they have been unsuccessful.

The Benefits & Work site has information re appeals & I thought you might be interested in what they say with regard to asking for a reconsideration:

"Beware the Explanation Team

In addition, if you ask for a revision you may be put through to, or telephoned at home by, the Explanation Team who will explain to you how the decision was reached. They may then

attempt to persuade you to withdraw your challenge by saying, for example, that your condition is not severe enough for an award, or a better award, to be made.

Protecting yourself from the Explanation Team

If you make a telephone request for a revision, you may wish to state clearly that you do not

require an explanation. If you are put straight through to someone who attempts to explain the decision you may want to explain politely that you are unable to deal with such a complex

matter over the telephone and that you simply wish to have the decision looked at again.

If you make a written request for a revision, you may wish to state in writing that you do not want to be telephoned with an explanation.

For example:

"I wish to have the decision that I do not have limited capability for work [or for work-related

activity] looked at again.

If you wish to contact me about this please do so in writing. I do not wish to receive any

telephone calls as I consider welfare benefits too complex to be discussed over the telephone. Please also note that under no circumstances will I withdraw my request verbally. If my request is ignored and I am contacted by telephone any apparent verbal request to withdraw my challenge will be based on a misunderstanding on your part." ..."

[esagestapo in reply to Lima6MCT]

Thanks, good advice there Lima, so that's the reasoning behind the first 2 options, I knew 1 and 2 made no sense, and can only lead to more time wasting for hapless claimants. I will add a note to that effect to my appeal, just in case they get confused between the words, reconsider and appeal.

Basically they are giving themselves the option to persuade people to drop their claims. Or worse still, if you speak with them on the phone, they could say you agreed to drop your claim, and you would have no proof of what was said, unless you recorded the call. I have a gadget for that, I can digitally record all calls, for training purposes..... naturally.

I think I have it covered anyway, I have asked for 2 things, for them to reconsider the decision, failing that, to forward my appeal on to the Tribunal service, I think that's simple enough for them to understand.

[Lima6MCT in reply to esagestapo]

It's getting worse as changes to the appeals system in October will mean you can't appeal until there's been a mandatory reconsideration.

Whilst the reconsideration is in progress you lose your right to be paid at the assessment rate & you are expected to either apply for JSA or go without any money. The problem with applying for JSA whilst still putting in sick notes may be that the Job Centre might say you're not well enough to look for work. This could end up with a Catch 22 situation being classed too fit for ESA whilst being classed as too sick for JSA.

There's not been any time limit set as to how long the DWP can take to make that reconsideration but if the appeal proceeds you can then claim the assessment rate ESA.

How does that song go again? Oh yes, I remember now "There may be trouble ahead . . . "

[esagestapo in reply to Lima6MCT]

That might not be a bad thing IMO. It looks to me like the government is putting pressure on the DWP to reconsider more claims rather than passing them on to the Tribunal service to sort out. As long as the right to appeal remains, that is what matters. We will cross that bridge when we come to it as they say.

[Devonlady]

It is good that you can still joke about it but disgusting that this keeps happening.

Hope it works out for you. You don't need the stress.

Hugs xx

[Hidden]

Lol trying to teach esagestapo how to appeal is like teaching your granny to suck eggs he is the master of appeals...

Go esagestapo

With will wish you luck but I know there is no need you will win

VG x

[esagestapo in reply to Hidden]

I hope the law comes to my aid before luck enters the equation They have made it really awkward for people to get help with appeals, luckily I have some experience of this and can muddle through myself.

The main thing is to send of the GL24 fairly quickly with a covering letter giving a few reasons why you want them to reconsider, and if not state you want to go to the appeal stage, this gives you all the time in the world to see your GP, get some up to date medical evidence, meanwhile they should send you their paperwork. Then you put it all together, giving more details why you think the decision is incorrect, send it back to the DWP and forward the same on to the Tribunal, job done.

[ladymoth]

Yeah, go for it Esagestapo - if anyone can sort these blinketty blankards it's you! Keeping everything crossed - don't you give up!

Moffy x

[Lima6MCT]

My husband's first WCA going from IB to ESA was with a nurse & it took just under an hour - he was turned down & it went to appeal, which he won.

Two months later, almost to the day, he got another ESA50 and a couple of months after that was sent for another WCA this time with a Doctor & I requested that the assessment be recorded. On that occasion, the assessment lasted less than 20 minutes and he scored enough to stay in the WRAG.

Just waiting for the next ESA50 to drop through the letterbox - almost a year since the last one so it must be due!

[esagestapo in reply to Lima6MCT]

That's it, you are assessed every 12 months in WRAG so the ESA/50 is probably in the post as we speak. It is always a good idea to photocopy your completed ESA/50 before sending it back, it is very useful for future reference.

[tessintrouble]

I failed the medical on points but I DID ask for the statement of reasons and I am glad I did as it gave me more ammo for the appeal. I have rheumatoid arthritis and I am very happy to say that my nurse has found the cure because she said I WILL be fit for work within 3 months!!!!!

[esagestapo in reply to tessintrouble]

Hi Tess, a Statement of reasons, how does that differ from the ESA65 letter they send you, About your assessment for ESA. which shows the Decision Makers reasons for the decision to refuse ESA and what you got points for, less than 15 in my case.

[esagestapo]

Found the answer on google, the Statement of reasons ESA85 is the medical report made by the ATOS HCP, the ESA65 is the DM's report based on what the ATOS nurse wrote about you.

They will send me an ESA85 if my request for reconsideration fails, as I will need it for Tribunal.

[bellablot]

im on my 2nd tribunal lost the first as was not prepared, this time i am, in 2 years i have sent off esa50 form and twice a nurse has assessed my claim and kept me in the wrag without seeing me and giving me a examination medical? their reasons for decision are so funny and out of date as they are going off a year old esa50 form and not the recent one, i just get put longer and longer in wrag last time was 12 months this time 18 now, i havnt had any money off them as my money ran out last april? waiting for my tribunal date now see what happensm im not giving up far from it not letting them get away with it

xxx

[esagestapo in reply to bellablot]

Hi Bella, The only way I can see them leaving you without money to live on, is if you are living at home or someone you live with is earning. If you have no income at all, they should pay you at the assessment rate, up until your case goes to tribunal.