Appealing DWP decision after Atos medical

Please can anyone help with how to appeal against DWP decision. I only have a few days left now to get my appeal in and I am panicking. If anyone has been through it and can give me some advice I would REALLY appreciate it. I have with loads of help from a friend typed up why I disagree with HCP's report as it contains a lot of lies, and I need help with showing how the fibro and M.E. I have fits in with those descriptors. Too much 'brain fog' at the moment!!

Also don't know how much info to send- don't want to write too much or send too many hospital appointment letters (proof of investigations etc) in case DWP just dismiss it straight away as there is too much to read.

Any help would be greatly appreciated

Thanks

molly44

30 Replies

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  • Hello molly44, as no one has replied to your question, CAB have some advice on their web site so you could try there! Hope that helps let me know how you get on. Good luck, Aisha x

  • Hi Aisha

    Thanks I have been to CAB who gave me a couple of documents containing info and some advice but due to lack of resources that is as far as they could help.

    Thanks for your advice

    Molly44

  • Hi Molly, I am going through the process for the second time, and have just appealed against my second medical, I sent loads of paperwork the 1st time but it didn't help. I am now seeing a physio at the chronic fatigue clinic so whether that will help I don't know. But atos lied regarding my medical too so understand how you feel. I have been told by people on here not to give up (which I felt like doing). I wish you luck and 'stick to your guns' xx

  • Thanks JaneBG so sorry you are having to go through it all again, don't think I could!

    I have nothing for the last few weeks but live, eat and breathe appeal forms and letters! Good luck with your 2nd appeal and also hope the physio at the chronic fatigue clinic helps - wish I had one never even heard of such a place. I ususally just go to physio dept at local hospital.

    molly44

  • Hello molly44, Have you been to the Pain Clinic? If not you should ask your GP to refer you, they are better than my Gp for giving me advice about my Fibro and I'm under them for my medication. All the best, Aisha x

  • You don't need to worry about descriptors at this stage, they come into play if you are sent to tribunal. Send a GL24 or a letter to the address on the decision letter you got stating you want to appeal against the decision because it is wrong, then add, "further details to follow.

    The important thing is to tell them you want to appeal within a month of the decision. You have plenty of time after that to send them more details.

    gov.uk/government/publicati...

  • Thanks esagestapo (love the name!)

    The CAB sent me details of the descriptors and told me to apply them to my situation and write about them. I thought that if I can get them done now and send it all together then the DWP might just reconsider without it going to tribunal. My dear friend has practically lived here for the last few weeks to do all the typing for me and since she came to the medical with me she knows exactly what was said! This is good because my memory and concentration is practically non existent.

    molly44

  • You are cutting it fine as it is with only a few days to go, the most important thing is to notify them of your intention to appeal first, this gives you plenty of time to prepare your evidence, also get proof of posting and keep copies of everything you send them. The DWP will ring you to ask if you have further evidence anyway before they make a decision to send you to tribunal.

  • If you haven't already you can email Emma at

    fibroaction.org and ask for the benefits and work sheets if you just add in the email what you are appealing ... Dla or ESA then She can send you the relevent sheets

    VG x

  • Thanks Very-Grumpy

    I will do this straight away!!

    molly 44

  • send everything you have got even if you feel its to much its not.Just make sure yiu get your stuff back within the one month.Send everything by registered post so they cannot say "that it is lost".Good luck

  • thanks mub40 I really appreciate your message. I think for now I will send what I have written about the HCP report which I have gone through section by section pointing out the mistakes, and also I have done a letter about where I made errors on the ESA50 questionnaire and where I did not give enough info (I filled it in quickly and due to poor concentration and inability to process information I made mistakes).health Also I have written a typical day pointing out all my problems on good and bad days. My dad, sister and friend have written letters about the help they give me with things.

    So I will just send all the above before the month deadline and then do the descriptors, stating how each one affects me and how many points I think I should have achieved and tell them that I will forward it on in a week or so because I don't think I can take any more of it at the moment- I am exhausted, in too much pain and my brain has given up!!

    hopefully this is not too much but as you say it probably isn't!!

    Thanks again

    molly44

  • Hi Molly44

    Hope it goes well got my fingers and everything else crossed for you.

    I know exactly how you feel,I was stressed and totally exhausted.

    I really felt just like giving up,but that's what they hope you will do

  • hi there go to directgov website and also fibromyalgiauk website for useful info on this subject.

    hope its useful to you as its helped me a lot.

    good luck

  • Thanks zeb73 for the advice, yes I have got some useful advice from these websites

    molly44

  • hi I complained to atos and received an opology from them,,but dwp still used this report as there decision!!! I had a fantastic man help me and I said I would pass his link to anyone who needed help..if you message me I will explain and give you the link...he takes all the stress away and even represents you at tribunal..he saved me I can tell you! xxx

  • Can u please send the afore mentioned info to me, as I'm currently suffering a bad relapse & have had a call from the decision maker to tell me they are stopping my income support in19 days!

  • Hi Molly, me again, It is a physio I see at hospital but it is a clinic for cfs, my dr referred me eventually as I was not improving and I have been started on gradual exercise training. It may be worth asking your gp about xx

  • Please private message me and i will help where possible

    Liam Carter

    Senior Case Manager

    My Benefit Claim

  • Thank you everyone for all your invaluable help. Sorry for delay in thanking you all but my Mum was rushed into Kings Hospital in the early hours of wed morning with suspected heart attack so I have completely gone to pieces both physically and definitely mentally!!

    I am just going to send what I have done for now by special delivery to make sure it all gets there with a note telling DWP that other documents to follow. If I send it Saturday morning hopefully it should get there definitely and be signed for on Monday. I have just realised that the last day is wed 3rd July because the DWP decision letter is dated 3rd June 2013

    Thanks again everyone for all the useful info I will keep you all updated

    molly44

  • Please can someone help me, regarding an Atos medical appeal. I'm so stressed out.

  • Hi

    ATOS lied about my condition and part used some of the previous year's form, I sent a 4 page letter to appeal, plus the copy a the report they did, I requested that the person who did my report was sacked for gross misconduct and that next time I would expect my form to be dealt with by a properly trained rheumological professional, and I would not expect anything else. I got put into the support group straight away.

  • that's fantastic news lcm27 that you got into the support group where you should be.

    Did you do a document going through each point HCP wrote and how it is incorrect because that is what I am doing??

    Did you complain to Atos as well?

    I think I might add to my appeal documents the following sentance:

    "HCP missed out details on her report and also wrote incorrect (lies,lies,lies!!- no won't put this bit in!!) details - the opposite to what i said. This is a bit like me when I get my 'brain fog' and fill in forms!!" - what do you think!!!!

  • Hi, Lynn again,

    for extenuating circumstances they will extend the appeal time, yours should qualify for extended time.

  • Hopefully - if they don't get my GL24 form at least by wed 3rd july (deadline).

    I sent a GL24 on thursday 27th june by recorded delivery stating that I wish to appeal DWP decision etc and that I will forward on all supporting evidence to reach them by 3rd july. I thought at least if they just got that for now then I would be ok.

    I then rang DWP Glasgow (appeal office) and said I had sent GL24 yesterday by recorded delivery and that I would send supporting documents on sat 29th june by special delivery which is guaranteed to get there by 1pm on monday 1st july.

    She said even if you did that there is no guarantee it will get to relevant dept before wed 3rd july. She said it may arrive at DWP Glasgow on monday but it can take up to 5 days to get to relevant department and if it does not get to that department by 3rd july then appeal will be closed!!!!!!!!!!

    WHAT?? where does it state that 'you have 1 month to appeal which must be recieved by us 5 days before this month deadline' Can't find that anywhere on DWP correspondence !!

    Anyone else been told this??

  • Hi everyone .

    I was having a really bad day what with my mum being so ill and DWP going on about allowing 5 days for appeal to reach their offices !!(see above post)

    I just received a phone call from Liam who messaged me earlier asking for a contact no. Anway he rang me and it was like a breath of fresh air - he took a lot of time explaining the process and put my mind at great ease.

    i am truly thankful to him as I was finding everything so hard at the monent.

    Anyway I can HIGHLY RECOMMEND him so if anyone else is worried about anything just contact him and he will do his best to help.

    Good luck everyone!

    molly44

  • Hi Molly,

    If it's any help to you, I had a very bad experience with esa about 3years ago. I was practically called a liar, so I appealed and put in a complaint, it didn't even go to tribunal. I was put into work group, so when I had to renew it last year a friend introduced me to the benefits and work website. Well I went through it with a fine tooth comb, and filled out my forms, I was put into the support group for 2 years. It is a brilliant website, I highly recommend it. Since then I have filled out several peoples forms, all were put straight into the support group. I have discovered it is not what is wrong with you, it's only certain words that describe your health, is the significant factor that is what they look for. It's an absolute disgrace how people are made to suffer. Just for them to drag you through hell... I hope you get good news and if I can help at all let me know.

  • Thanks Angelherb - so sorry you had to go through esa hell too but glad you got the right result in the end. Did you complain to Atos or just DWP? How long were you in the work group for and what exactly did it entail? I don't think i can face work group if it involves a lot of sitting in offices etc as I can't sit for more than 15 minutes in a chair wihtout being in so much pain. I have got to do descriptors and how they meet my symptoms and i will probably struggle with it all. Also going to go through ESA85 medical report stating where it is incorrect or assumed!!

    Thanks again

    molly44

  • Hi Molly44, I just put in a letter of complaint with the appeal form, presumably it was the GL24 form. I just went on about the unfair treatment of the medical and I was still under going a lot of treatment, I also at the time had 3 consultants that I had to put off treatment from them, to attend the stupid medical!! They told me they were writing to my GP, who then added her own opinion, I think that helped. Unfortunately I was put into the work group for 2 years, I was too ill to appeal, I had to attend 6 work focus interviews at my local job centre, even though I was a part time student!! They even asked me if I wanted to do the essential skills.. im doing a degree, so don't listen to them, they only want to look like they are pushing into complying with their crap!! I then had to RAI (radiation that led to me being isolated for 2 weeks) since then I had flare up after flare up. I was on steroids etc, eventually the girl at the job centre, said just sign your name to prove you have been and she told me to apply for the DLA. I did and was so shocked when I got it 1st time with no doctors visit!! high rate mobility and mid rate care! With the help of a good GP and that website Benefits and work, I got the benefits im entitled to. Im now in the support group, again no medicals etc, I just wrote the words they wanted to hear and photocopied medical evidence. Which is still ongoing lol...

  • OMG I am so sorry you have been through Hell! It is so much easier when you have a good GP who understands what you are going through.

    You should never have been put in the WRAG group in the first place.

    I am so pleased you got the DLA too you deserve it x

    thanks again

    molly44

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