Just received ATOs medical questionnaire. What happens next?

2

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  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102
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    No, the legislation does not allow for an extension.

    Unless you have it in writing from the DWP, not ATOS, the period cannot be extended, you can return it late, but you risk your claim being closed, this is appealable, but it can take months to resolve, and there's no guarantee you would win.
  • blackcloud wrote: »
    Thanks everyone, a couple more questions if you dont mind,

    1) is it possible to extend the time you have for submitting the ESA50? Just in case I can not get the evidence in time?

    2) OK so they can not Legally find me fit for work without me having a medical?

    3) If I did fail the medical I could go back onto ESA at the basic rate while waiting for the appeal, would I still be on the contribution based ESA as I am on now and as I was on for the first few months of my initial claim of ESA before being put into the support group?
    Fill in the form as fully as you can and if you cannot get your "evidence in time" make a note on the form that it will follow on. The most important part it to get that form into them on time. Take a copy of the form for your records too.
  • Muttleythefrog
    Muttleythefrog Posts: 19,727
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    1. No... but there's nothing to stop you submitting the evidence in due course... at medical if asked to attend one or to DWP thereafter.. or later if you end up challenging the decision in appeal or reconsideration.

    2.Yes

    3. Yes I believe so.

    Try not to think too much about all the what ifs. Focus on the descriptors, completing the form and getting into play any supporting medical evidence if you can. There's a decent chance you'll be returned to the Support Group and a decent chance you won't have to face a medical... although from reading the above someone might conclude you desperately want one..lol
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • blackcloud
    blackcloud Posts: 377 Forumite
    Mutley,

    2) OK so they can not Legally find me fit for work without me having a medical?

    Your answer is "correct" yes?

    Ohh no I dont want one, just like to know exactly everything. _pale_
  • Muttleythefrog
    Muttleythefrog Posts: 19,727
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    edited 15 July 2012 at 2:17AM
    blackcloud wrote: »
    Mutley,

    2) OK so they can not Legally find me fit for work without me having a medical?

    Your answer is "correct" yes?

    Ohh no I dont want one, just like to know exactly everything. _pale_

    Yes... the process is set up so that they try to identify if LCW or LCWRA can be identified ASAP... for those with terminal illness it should be able to be done fairly quickly for example... medical will be ordered when evidence available isn't sufficient to conclude opinion LCW or LCWRA applies. That's how I'd look at things. So the advice is to get as much information in up front to reduce their scope for opinion and error.... and of course reduce chances of requirement for medical.

    If you've got access to a printer you might prefer to take a copy of the pdf version of the ESA50 form and print that out when completed. Completion on computer obviously means correcting errors is easy but it also might save you efforts in the future when reassessed. http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@money/documents/digitalasset/dg_195544.pdf

    Did you get your board money sorted with your mother? I knew your name rang a bell from somewhere...lol... you were in dispute with mother weren't you?
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • grummps
    grummps Posts: 192 Forumite
    , i have appealed a decising to place me in LCW WRAG, after sending off the letter, it has taken them three months to tell me they have recieved my letter and will review My case for reconsidderation before it goes on to the tribunal services they will let me know in due course whether the decision can be overturned.

    Isn't it the case that in order to stop appeals that have little or no chance of success (made because it is a far easier life on ESA than JSA), the assessment rate will now not be paid for all appeals pending a reconsideration?

    Thus making the point that failing the ESA assessment should automatically mean a JSA claim instead whilst waiting for the appeal to be heard.
  • Muttleythefrog
    Muttleythefrog Posts: 19,727
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    edited 15 July 2012 at 1:15PM
    grummps wrote: »
    Isn't it the case that in order to stop appeals that have little or no chance of success (made because it is a far easier life on ESA than JSA), the assessment rate will now not be paid for all appeals pending a reconsideration?

    Thus making the point that failing the ESA assessment should automatically mean a JSA claim instead whilst waiting for the appeal to be heard.

    Not sure what the position is regarding this.. don't think the legislation has been passed into law or if it even got that far. The idea was that they'd draw a distinction between automatic reconsideration and the rest of the 'appeal process'... forcing the claimant to wait indefinitely for a mandatory reconsideration and then if unsuccessful they'd have to appeal directly the the tribunals service. ESA payments would only be paid while appealing in relation to tribunals service. i.e. the reconsideration element would no longer be regarded as part of the appeals process during which claimants would continue to be eligible to get ESA payments.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    Not sure what the position is regarding this.. don't think the legislation has been passed into law or if it even got that far.

    As I understand it - the primary legislation - the welfare reform bill - was passed some time ago.
    This contains powers to allow mandatory reconsideration.
    Recently the courts and tribunals service has had a consultation into this.
    As far as I'm aware, this has not yet had any conclusions drawn from this consultation.
    I assume (from notes in the consultation request) that the government are holding off putting through the secondary legislation until this consultation is finished.
  • grummps
    grummps Posts: 192 Forumite
    rogerblack wrote: »
    As I understand it - the primary legislation - the welfare reform bill - was passed some time ago.
    This contains powers to allow mandatory reconsideration.
    Recently the courts and tribunals service has had a consultation into this.
    As far as I'm aware, this has not yet had any conclusions drawn from this consultation.
    I assume (from notes in the consultation request) that the government are holding off putting through the secondary legislation until this consultation is finished.

    It's a shame that it is taking so long to implement.

    It would stop all of the 'chancers' making spurious appeals to avoid having to claim JSA.

    Those that have nothing to worry about would then be prepared to wait for the reconsideration process to be completed as they know that their appeal has merit.

    Mind you, I would be very interested to find out how many cases would actually be reversed at the reconsideration stage. It would be an indicator that maybe poor initial decision making is taking place. There should be very few cases that are overturned on reconsideration if enough care and time is taken to get the right decision in the first place.
  • HB58
    HB58 Posts: 1,787 Forumite
    "Those that have nothing to worry about would then be prepared to wait for the reconsideration process to be completed as they know that their appeal has merit."

    What would they be living on meanwhile? As I understand it, the intention is to not pay even assessment rate ESA until the recon has been done and the claim passed to the Tribunal Service.
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