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ESA Rejected
Comments
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foxylady2009 wrote: »Well that was less stressful than we expected. Revised decision received! :j
Thanks to all those who posted helpful comments
As apparently they could not find his doctors report, sent recorded delivery. They only based the new decision on the points my husband had raised and the original evidence, which was the assessment, the previous decision has now been over turned by a new decision maker who obviously realised the severity of my husbands case.
Dont be suprised if they pull you in for another medical, and do exactly the same again, in a few months.[greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
[/greenhighlight][redtitle]
The impact of this is to stigmatise people on benefits,
and we should be deeply worried about that[/redtitle](house of lords debate, talking about Cameron)0 -
I'm really happy the OP decided to appeal and was successful.
The latest figures show that 40% of all ESA appeals are successful, and the success rate is even higher if you attend with a welfare representative
This proves that the DWP decision makers / Atos are getting it wrong in a massive way, as so many of their decisions are, quite rightly, being reversed.
If you believe you are not well enough to work ALWAYS appeal, you've got nothing to lose and everything to gain.0 -
DWP/ATOS arent given all the facts by claimants in most cases - the claimant only provides the evidence at the appeal - that is the truth of many cases rather than 'wrong' decisions being made.
Even still, the mjaority of the departments decisions are upheld.0 -
DWP/ATOS arent given all the facts by claimants in most cases - the claimant only provides the evidence at the appeal - that is the truth of many cases rather than 'wrong' decisions being made.
I don't believe that statement for a minute. It's an easy get-out to blame the claimants for not providing evidence initially but only on appeal (insinuating the claimant is at fault and not the DWP/ATOS).
Most people are clever enough to work out that the more evidence submitted at the time of the initial claim, the more chance they have of success, so what would be the point of holding back any evidence and only producing it at appeal? It doesn't add up.
The whole ethos of the government is to kick as many people off ESA and put them on to JSA. End of. They've openly stated it enough times! The DWP and ATOS (paid tens of millions by the government) are the facilitators of this directive. They're doing a good job!
Anyway, I reiterate, in 40% of cases, the DWP/ATOS (working hand in glove) are getting it wrong (not the claimant), so if your initial claim is unsuccessful, get that appeal in, and then you WILL, for the first time in the process, get an independant decision from people without an agenda.0 -
That may be the case in some appeals, but it is clear that the DM's are not carrying out their duties correctly, when we now have some DM's sitting with ATOS reps in the office of the Tribunal Service, working as a task force sifting through cases to see if they can be got rid of before the appeal hearing.
Why? No further evidence has been submitted and this would have been the 3rd DM to look at the case. They then award more points based on the original evidence that was available to the first two DM's.
Are DM's actually doing the job properly - that is the question.
How do I know this - got it from the horses mouth so to speak and mine was one of those cases! All of the extra evidence is still sitting here - never submitted!!!
You sound just like andyandflo, oh stupid me you are andyandflo, at least we have not had anymore sick suicide hoaxes.0 -
I've said on here before about ESA appeal in process.That may be the case in some appeals, but it is clear that the DM's are not carrying out their duties correctly, when we now have some DM's sitting with ATOS reps in the office of the Tribunal Service, working as a task force sifting through cases to see if they can be got rid of before the appeal hearing.
Why? No further evidence has been submitted and this would have been the 3rd DM to look at the case. They then award more points based on the original evidence that was available to the first two DM's.
Are DM's actually doing the job properly - that is the question.
How do I know this - got it from the horses mouth so to speak and mine was one of those cases! All of the extra evidence is still sitting here - never submitted!!!
ESA is a new benefit and the regulations and interpretations change on a regular basis as things get ironed out. It makes absolute sense to review cases again to see if the decision can be changed without going to appeal. The Department is still vindicated in the majority of cases.
I really love the conspiracy theories claimants come up with.I don't believe that statement for a minute. It's an easy get-out to blame the claimants for not providing evidence initially but only on appeal (insinuating the claimant is at fault and not the DWP/ATOS).
Most people are clever enough to work out that the more evidence submitted at the time of the initial claim, the more chance they have of success, so what would be the point of holding back any evidence and only producing it at appeal? It doesn't add up.
The whole ethos of the government is to kick as many people off ESA and put them on to JSA. End of. They've openly stated it enough times! The DWP and ATOS (paid tens of millions by the government) are the facilitators of this directive. They're doing a good job!
Anyway, I reiterate, in 40% of cases, the DWP/ATOS (working hand in glove) are getting it wrong (not the claimant), so if your initial claim is unsuccessful, get that appeal in, and then you WILL, for the first time in the process, get an independant decision from people without an agenda.
Most people provide no evidence other than the ESA50 which is fairly worthless in reality. They dont submit doctors reports etc. at initial claim stage or when the medical process has started, only when they have been disallowed, the claimant must take responsibility for their claim and they do let themselves down on a lot of occasions.
As for the DWP and ATOS working hand in hand - the DWP sub-contract the medical process so of course they work hand in hand - there would be no point in contracting the work to them if they didnt work together.
DM's have no targets on disallowances or allowances. Neither do ATOS. There is no financial incentive, or any other sort of incentive, to disallow anyone.0 -
I've said on here before about ESA appeal in process.
ESA is a new benefit and the regulations and interpretations change on a regular basis as things get ironed out. It makes absolute sense to review cases again to see if the decision can be changed without going to appeal. The Department is still vindicated in the majority of cases.
I really love the conspiracy theories claimants come up with.
Most people provide no evidence other than the ESA50 which is fairly worthless in reality. They dont submit doctors reports etc. at initial claim stage or when the medical process has started, only when they have been disallowed, the claimant must take responsibility for their claim and they do let themselves down on a lot of occasions.
As for the DWP and ATOS working hand in hand - the DWP sub-contract the medical process so of course they work hand in hand - there would be no point in contracting the work to them if they didnt work together.
DM's have no targets on disallowances or allowances. Neither do ATOS. There is no financial incentive, or any other sort of incentive, to disallow anyone.
I bet you cit_k will be here shortly!0 -
I dare say - but some people have absolutely no idea of what happens in the majority of claims - and simply blaming DWP and ATOS for someone being disallowed is pathetic.I bet you cit_k will be here shortly!
Just a note of interest - ATOS have been handed the contract in northern Ireland now as well.0 -
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This becoming rather tiresome now. I haven't got the faintest of a clue who this andy whatever is.
Whoever he/she is certainly seems to have got up your nose for some reason.
Notwithstanding that, could you please enlighten the members who are posting on this thread what on earth your comments have to do with the OP's question?
If you have nothing worthwhile to say excepting some, and I have to be honest, wierd statements, please refrain and look elsewhere for this mythical person/s!
Yeah, yeah, yeah, yawn, yawn, yawn.0
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