Failed incapacity medical, wont pay esa

bobo09

I was sent for an ATOS medical as claiming incapacity benefit (long term). Heard nothing for 7 weeks so i phoned DWP. They couldn't tell me anything then 5 days later i get a letter saying i had failed the medical and my benefit was being stopped from the date i had telephoned.

I've been to CAB and sent the gl24 form off but they wont change decision so its now going to appeal-been told unlikely to be heard before 17/12/10.
I applied for ESA and sent off the esa50 form yesterday. I've sent 2 doctors certificates (one for month then one for 2 months) so far.
Today i received a letter saying i would not get paid ESA from the date Incapacity benefit stopped.

I telephoned DWP, first person didnt have a clue so said the Processing Team would call me.
I received a call and was told that you cant go straight onto ESA and receive money when you fail your Incapacity medical. I would have to pass the ESA medical first.
I was then told if i wanted money i had to go for Jobseekers Allowance, but did ask how can i claim benefit saying i am actively seeking work and at the same time be sending of doctors certificates saying i am unfit to work?? I was told thats the only way even though i voiced my opinion surely thats fraud-i cant work. I dont want to claim JSA in the event it will be used against me at a later stage.

He said it only changed recently, has anyone else been told this??

bethepoet

Are you claiming ESA because of physical or mental problems? I only ask because my boyfriend went for an assessment on his mental health issues about two months ago, and he failed that, but the two may be different. They said they were going to stop ESA, but we found out that from the date he sent his appeal off, until it's reviewed, they have to pay it in the meantime. The appeal was sent off three or four weeks ago and we have been paid twice since then, and in the full amount. They really do have to pay it, so I don't understand what's happened with your situation.

Incidentally, what gets me is that whilst sitting in the waiting room while my boyfriend was being seen, I read a poster stating that none of the assessors are medically trained, and don't make the decision, simply a recommendation. I have absolutely no idea how this can be considered reliable or accurate.

bobo09

Physical. I was told today that its because i was on incapacity benefit and failed i cant go straight onto ESA without having a medical first.
I wasn't told this when i spoke to them over the last few weeks

dmg24

bethepoet wrote: »

Incidentally, what gets me is that whilst sitting in the waiting room while my boyfriend was being seen, I read a poster stating that none of the assessors are medically trained, and don't make the decision, simply a recommendation. I have absolutely no idea how this can be considered reliable or accurate.

Utter rubbish! The ATOS assessors are medically trained. The person that makes the final decision is not medically trained.

kaya

dmg24 wrote: »

Utter rubbish! The ATOS assessors are medically trained. The person that makes the final decision is not medically trained.

yep, my wife is medically trained also, or so says her first aid certificate!

dmg24

kaya wrote: »

yep, my wife is medically trained also, or so says her first aid certificate!

ATOS Assessors are medical professionals, not first aiders.

Ineedaname

I believe that you can claim ESA and be receiving the basic amount whilst awaiting a medical.

I also believe that the Labour ruling of IB claimaints migrating over will not lose out, i.e. have a drop in benefit because ESA is less, still stands at this time.

On that basis surely you could get the CAB to argue on your behalf that you should continue to receive IB amounts whilst awaiting ESA medical. Obviously you need to get your ESA claim in sharpish because if they won't do the former you would then at least be entitled to ESA money whilst awaiting the medical.

alex_g_2

I believe whilst you are appealing their decision you can apply for IS.
When i applied for IB several years ago i put in a claim for IS whilst i waited to see their decision.
I got IS because i was on my own.
If you are with someone then depending on their income you mat not qualify.

dave030445

Ive been claiming the basic rate of ESA since July 2009 and in October 2009 I was told I would have to go on one of these ATOS medical which I failed because one of reasons wait for it I itched my head twice with both hands I mean come on. I asked for this to be looked at again but was told the decisions remains the same. And that the ATOS Assessors are GENERAL medical professionals and she had not even heard of my condition. So I had to appeal and to cut a long story short I won the appeal but as soon as you fill in the gl24 form they have to continue paying you (at the basic rate) so if you fail the medical go and appeal its not as scary as it seems. Get your DR to write a letter to say you cant work, goes a long way. And after winning the appeal in April this year I have last week go a letter saying I have to go for another ATOS medical What a complete waste of time and everyone money.

cit_k

dmg24 wrote: »

Utter rubbish! The ATOS assessors are medically trained. The person that makes the final decision is not medically trained.

Up to occupational therapist or nurse level in many cases.
They could be a doctor, but they could be a retired doctor, or even a doctor that has had their approval revoked (struck off by any other name?).

Mental health cases do not have to be seen by a doctor.

The assessments are not designed to 'diagnose' and no real medical equipment is used (ie no scanners/x-rays/ultrasound, nothing like that).

They hardly ever even check your medical records (they only did it in 13 percent of IB cases).

They have to follow a online script where the questions and answers are pre-determined by software.

cit_k

dmg24 wrote: »

ATOS Assessors are medical professionals, not first aiders.

Many would disagree with the professional part.