ESA (again!!!)

ESA (again!!!)

Does anyone know what happens if you are given no points at medical and submit an appeal what happens if the DWP don't get round to dealing with the appeal. I had my ATOS medical in September, was awarded zero points (surprise, surprise) and benefit removed. I appealed. Benefit reinstated pending outcome of appeal. I moved house. ESA stopped. Mega drama of never ending round of phone calls reinstated. Still no word of tribunal date. My contributions based 1 year ends 7th January and according to DWP they are running behind and haven't got round to sending paperwork to tribunal serice.

I assume this means from 7th January I am left potless?

Also, IF tribunal does ever go ahead, do you get back pay of higher rate back to week 14 of claim?

I know I am probably clutching at straws but am at wits end-AGAIN!!!

Thanks

Carole

9 Replies

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  • hi carole its a nightnare isnt it, i was awarded no points at a medical recently and had incapacity benefit suspended as i had appealled, but i also complained to atos about my unfair treatment at my medical, i received an apology from atos and they agreed that my medical didnot go into my fibro properly and the effect it had on my mental health , the next few days i got a letter from dss saying incapacity had been reinstated and after a lot of phone calls i finally received my back dated money but get benefit advice from cab good luck helen

  • I too had to retake a athos reassment recently, and was informed by phone call on my mobile that i had failed to gain the required 15 points , when i phoned Belfast and explained about my flawed medical, they agreed to send me a form , so that i could appeal.

    In 1999 i had a ATOS medical that too was flawed, and was succcesful in being awarded the extra points need.

    This last reassessment consisted of a quick chat folllewd by me being asked to hold my hands out and to push my palms together, that was it , an hours travelling , for a 10 mins interview..

    Until ATHOS is removed from this flawed reassements programe this is going to keep happening.

    i have a mitral valve defect which creates palpitations when i bend forward, dispite two letters submitted to ATOS from a profesor stating that i cannot work this ATOS clerk (i refuse to call them medically trained interviwers)thinks im fit for work, at almost 61 years old with a heart defect and an elderly mother to keep an eye on, who is going to employ me.!

  • my assesment by atos was also in belfast the person doing this was more interested in my nails and nail polish, which my daughter gets manicured for me once a month or so, didnt say that my partner had accompanied me to medical and even had to help get my jacket off and on its a bloody disgrace i sent a letter of complaint to their head office and received an apology but the girl stood by her opinion that i scored zero points but her bosses over ruled her and my incapacity benefit was reinstated i will be sent for another medical but i will know what to expect next time its a bloody disgrace.

  • It is just shocking! Do they take into account the affect stress has on fibro sufferers? I have been in regular contact with my MPs office and they are inundated with complaints. As they haven't managed to get round to looking at my appeal it hasn't managed to get to the tribunals service, so there is no chance of me getting it heard before my entitlement runs out. I thought you were supposed to get a medical within the first 13 weeks? My claim started in January and my medical was in September. I am soooo flippin' angry!!!

    Rant over.

    Have a nice (and warm) day

    Carole

  • Hello Carole, so sorry to hear about all of this.

    If you email us on info@fibroaction.org we can send you for free the Benefits and Work info sheets on ESA and DLA which hopefully will give you some information on your situation that you may find helpful.

    Take care, I hope things work out for you really soon.

    (((hug))) xxx

    Libs

  • Thanks Libs, will do that.

    x

  • My pleasure, hope it sorts out soon for you! xxx

  • Just received my assesment letter, stating why i got No points its a joke one of the tests stated that i could sit for more than 24 minutes without getting up and moving around !

    my whole test took 8 mins.

    Needless to say ive appealed ,with a 2 sided A4 sheet correcting their fabrications, will keep you informed

    Steve

  • Good luck Steve. Honestly-they couldn't run a bath!!! The whole thing seems to be grinding to a halt.

    Carole

    x

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