Atos Medical and Employment Support Allowance

matt2222

My Niece has recently lost her Income Support Disability Premium after a ATOS medical.Can anyone tell me if she applies for Employment Support Allowance will this medical be used for this even though they didn't look at her disabilities whatsover or will she be entitiled to another medical

She had already lost her care component of DLA of £18.95 although what she put on her application was exactly the same as her last 3 applications in 9 years when she was approved for it
She lives in a very small cheap studio flat which was £27 less than her LHA entitlement so she could keep the excess £15 LHA to help pay for care.This I believe ends in April as well has LHA being reduced from 50 percentile of median rents to 30% although it isn't a straight 20% cut as LHA Direct explains

She is looking at nearly a 50% drop in income from £127.40 to £65.45 plus whatever she loses in LHA and having to sign on although she is unable to get
to a Jobcentre

She seems to understand that cuts need to be made but sees people earning £44000 plus moaning about losing Child Benefit which is comparatively a small drop in income

This "we are all in this together" seems to be stretched somewhat when the poor and disabled are being hit like this.

dmg24

Why did she lose her premium, did she have her DLA award reduced/ removed? Has she appealed?

matt2222

She lost her disability premium because ATOS said she was fit for work and she was turned down for DLA after she sent an application for a new award

matt2222

She also hasn't appealed yet because of complex physical and mental health problems the idea of an appeal really fills her with fear and worry

NASA_2

If she was disallowed IB and is now putting in a claim to ESA it will be treated as a fresh claim within six months and subject to further evidence requirements than a 'straightforward' claim.

matt2222

Thanks Nasa thats really helpful
You don't know if she can be represented at any appeals without having to attend herself

NASA_2

matt2222 wrote: »

Thanks Nasa thats really helpful
You don't know if she can be represented at any appeals without having to attend herself

As far as I am aware she can state on the appeal that she wants someone to represent her rather than dealing with it herself. On the GL24 (http://www.dwp.gov.uk/docs/gl24dwp.pdf) appeal form it explicitly asks this but if the appeal is on a letter then it should be included somewhere.

dave030445

NASA wrote: »

As far as I am aware she can state on the appeal that she wants someone to represent her rather than dealing with it herself. On the GL24 (http://www.dwp.gov.uk/docs/gl24dwp.pdf) appeal form it explicitly asks this but if the appeal is on a letter then it should be included somewhere.

For ESA you dont have to go yourself you can appeal in writing. They will look at it and make there desision. But the figures stat that you are more likely to win if you turn up in person.It really is not as bad as you think. Its really a easy thing to do.

FTW

Your niece should begin to obtain as much evidence as possible from her doctors and specialists - if it gets to the tribunal stage, then the tribunal will need to see all this well in advance.