Esa Medical Failed.. should i ask review or appeal directly ?? Advice PLEASE !

owen1_2

Heard this morning I failed ESA medical, im not surprised I think theres a 90% failure rate in my area and from the impression I got at the ATOS medical i knew I would fail.

I now have to appeal and have one month to do so but need to lodge it quickly to reinstate the ESA money.

I have a choice do I ask the DWP to "review the decison again" or ask for an appeal. I have heard its best to go straight to appeal BUT ive also heard the appeal process could take up to six months.

Anyone give me an indication as to what I should do next ??

Appeal or review.

Christ I hate this f**ckin ESA

healy

You can ask for a review but the chance of success is low, about 10%.

If you decide to go to appeal your case will be reviewed before the appeal so a review will still take place.

Most advisers say you should go straight to appeal but if you have strong evidence you could be successful at the review stage.

Uncertain

I waited for most of the 28 days before filing an appeal. Based on what I had heard / read I did not expect it to be upheld so this was really just to stretch out the assessment phase payment for another few weeks. I sent in letters from my specialists and, rather to my surprise, I heard back within a few days to say that my case had been reviewed in my favour and therefore the appeal would not be needed.

Having investigated further I think you need to come up with expert opinion that the ATOS doctor is wrong. It is no good just saying you don't agree with it. Ideally if you have two such medical opinions this "outvotes" ATOS which is what I think happened in my case.

NASA_2

You should, IMO, ask for an appeal rather than a reconsideration as it means the reconsideration takes place anyway and you still have your appeal in.

Just an opinion.

owen1_2

thanks both of you usefull advice

jennie09

I am sorry to hear this, i had my medical last week and was placed in the support group, i was dreading it as i had heard so many horror stories about them, the man i saw was very straight and direct, but i was in a bout 15 mins and have been placed in the support group, i was told that the a lot of people actually appeal and win the case so i hope you get it sorted out!

Newly_retired

What does your decision letter say? Did they have medical reports from a specialist or your GP? If they did and did not take account of them, then you ought to get ESA after a review. If you didn't have any but could get them they would provide very good support in an appeal situation.
Good advice from Uncertain and NASA. Best wishes.

owen1_2

Thanks for replies and useful advice.
Am lodging appeal tommo have gathred letters from my consultant GP and housing support officer and have been onto citzens advice today who have issued me with a welfare support officer - phew crazy busy last two days.
Am hoping that i wont need to go to tribunal and have to wait 3 - 6 months but i think ive done all i can. Fingers crossed !
Side note was queing from 7.30 am to get a gateway interview at CAdvice office over 50 ppl in queue most not seen, couldnt help but think this were the recession is hitting hardest ... also saw young girl w small baby she couldnt have been more than 17 she looked like she had been beaten up the poor thing it put my problems w health and ESA in perspective.

Again thanks for your advice v useful and calmed me on a stressful day.

vicx

Hello owen1,

I failed my medical (for Incapacity) around 2 month ago. On the letter it said if I don't agree with the decision that I could ask them to look at the decision again or appeal.
I phoned DWP 4 weeks ago and requested an appeal form (which still has not arrived) so I had to collect one from my nearest Job Centre. I sent the appeal form in straight away and within 2 days I received a letter to say they had received my appeal and that they are going to look at the decision again. They tell you that you can appeal straight away but you cant appeal until they have looked at the decision again, then you appeal if you still think it is wrong.

This is the letter I received:

We will look at the decision that you have appealed against and, if appropriate, we will revise the decision in your favour. In this case your appeal will lapse and will not be sent to the Tribunals Service. You can appeal against the new/revised decision if you think it is still wrong.
If we cannot revise the decision in your favour we will send your appeal letter and papers, giving our reasons and evidence for the decision, to the Tribunals Service. The Tribunals Service will tell you when and where your appeal will be heard.

I'm not sure how long it takes for them to look at the decision again but it's been 3 weeks now and I've heard nothing. If I have to appeal against it then it could take up to 6 months, as you know. So it's just a waiting game now.

cit_k

I would say ask for an appeal.

As was previously stated in the thread they are supposed to look at the evidence and reconsider it anyway before sending it to appeal, so asking for a reconsideration is pointless as it should be done as a matter of course.

However, I have found that going the appeal route never results in a proper reconsideration,and always for me results in appeal.

I tried once going the reconsideration route, and won that, but it was a waste of time, as no sooner as they backdated the money and sorted everything out, they called me in for a fresh medical and the whole thing started again!

If I had went the appeal route, they would not have been able to do that, as the tribunal would have recommended a date for the next reconsideration for medical.

So it can be harmful in my opinion to ask for a reconsideration.

NASA_2

vicx wrote: »

They tell you that you can appeal straight away but you cant appeal until they have looked at the decision again, then you appeal if you still think it is wrong.

This is the letter I received:

We will look at the decision that you have appealed against and, if appropriate, we will revise the decision in your favour. In this case your appeal will lapse and will not be sent to the Tribunals Service. You can appeal against the new/revised decision if you think it is still wrong.
If we cannot revise the decision in your favour we will send your appeal letter and papers, giving our reasons and evidence for the decision, to the Tribunals Service. The Tribunals Service will tell you when and where your appeal will be heard.

If you send in a GL24 then you are appealing the decision. The DWP consider a revision of the decision first before sending the form onto the Appeals Service if they dont revise the decision.

You do not have to ask for a revision and wait for a decision before appealing.