My appeal journey.: I've had my ATOS... - Fibromyalgia Acti...

Fibromyalgia Action UK

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My appeal journey.

flowerfairy profile image
5 Replies

I've had my ATOS meeting and got a letter stating that I've been placed in the work related activity group. I'll get paid benefit for one year then have to be re-assessed. Being placed in the support group is supposed to cover doing some amount of permitted work, which I am trying to do at 4-6 hours per week as and when I can, no fixed times, I am able to be as flexible as I like. I just got in touch with the benefit centre to ask why if this is the case I've been put into the work related group.

The reply was that the supported group is available for about 10% of people who are severly disabled or mentally impaired, the work related group is covering around 90%.

I'm getting in touch with the CAB and I've asked for a copy of my medical report. At the moment I'm waiting for someone to phone me back from jobcentre plus to discuss reviewing this descision. Hard work and worrying, but I'm determined to try everything.

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flowerfairy profile image
flowerfairy
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5 Replies
Lioslaith profile image
Lioslaith

At lot of ESA claimants, myself included, believe the DWP is automatically dumping those with enough points directly into WRAG even if they qualify for the SG. I guess they hope those who qualify will be so relieved not to be found 'fit for work' that they won't want to 'rock the boat' by appealing and possibly loosing altogether.

I appealed, mainly due to the fact I got a 2 year ESA award according to the JCP but as I'm in the CB group my money stopped immediately after 12 months despite getting the 2 year before next review decision from the DWP.

The part I got most points on was mobility and as I got the top points on mobility it is also the criteria for the SG on mobility. So I thought *sod it* I'm going to appeal. DM at the DWP stood by decision for WRAG despite my quoting the criteria I fit for the SG but before it goes to independent appeal the DWP assess it again at a higher level. When that happened they changed the decision 'in my favour' as they termed it and closed by appeal.

That was in early January, I'm still in the WRAG group as the DWP hasn't moved me over yet despite me winning my appeal in January. They are that backlogged on appeals I think. Either that or they are hoping that my CB ESA will end before they get around to migrating me to the SG and I will have to apply for means tested ESA and wait again for a decision from ATOS/DWP.

This benefit has been a complete disaster from day 1 when they tested it out originally and has only got worse. It seems a waste of tax payers money to do all these ESA assessments/migrations when they are phasing out ESA when they bring in Universal Credit. Then we will probably have to all be reassessed yet again!!

Oh Joys!!

They never make anything easy, I think they hope you'll scare off in fear of loosing what little benefit they do award you, I'm stubborn enough not to scare off too easily. Funnily enough every statement, and scrounger claim in the news just makes me want to dig my heels in further.

flowerfairy profile image
flowerfairy

Thanks for that, so far no phone call!!! It makes me cross too with all these news stories, do they honestly think we are worse than people who choose their fate such as criminals and drug users....they get looked after pretty well don't they!!! Maybe if I mugged a granny I'd get a nice warm cell, sky tv, classes and qualifications etc. Trouble is A, the pensioner would probably be fitter than me, and B, I couldn't run away LOL.

Lima6MCT profile image
Lima6MCT

You have to get a minimum of 15 points to get any form of ESA, however getting more than 15 points doesn't relate to which Group you are placed in but how you score those points does.

It would appear, for the most part that if you score 15, for a single criteria you are most likely to be in the Support Group but if you accumulate the 15 points over two or more criteria you are more likely to go into the WRAG.

eirwen profile image
eirwen

i lost my appeal at the tribunal, yet i have 2 sets of neighbours who have never worked, but work on the fiddle.. when their medical comes around they feign illness & get admitted 2 hospital for tests.. they then tell the doctor they are undergoing tests & drink a lot of alcohol because they can not cope with life!!!

i lost 3 points because i said i drive a car & can order shopping on line.. i think the only ones left on benefit is the very few genuine ill people ,, the rest will be liars & addicts.. sorry 2 sound so pessimisstict but thats how it seems around my way..

flowerfairy profile image
flowerfairy

Today I got the copy of the report from my ATOS medical which I requested. Reading through it, it actually sounded quite sympathetic towards my condition (I was surprised) The comments seemed reasonably fair to be honest. I'm wondering now if it's worthwhile appealing as I don't see how I could get anything more then my work related status from the report I've now seen. Thanks for the feedback guys. x

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