esa

skcollobcat10

oioioioioio

desperate_for_advice_2

Last week, I attended a Tribunal to do with my ESA claim when ATOS deemed me fit for work. I appealed the decision and then at the Tribunal hearing I was awarded ESA on the work activity group.

It might be worthwhile for them to appeal the decision? I have heard (although not personally experienced) that it can be difficult to get back to ESA as claiming for jobseekers is like saying you feel fit enough to work. I dont know a lot about it, but hopefully some of the regulars may be able to answer your question a lot more in depth and correctly than I have.

[Deleted User]

best bet is appeal the decision

eskimo26

At this point you do not claim JSA if you have a legitimate claim ask to appeal, it will be looked at again by the decision maker and most likely go on to tribunal.

Do not base anything on the ATOS examination as its really just a hurdle the government has set up to grind you down. Its based on a very linear computer programme (the faulty LiMA which has been involved with million dollar law suites in America) that a monkey could manipulate to get any result.

The figures also speak for themselves, Tribunals have overturned a massive 40% or more of decisions since the introduction of LiMA. So what does that say about Atos and the decision maker's accuracy? Basically they are only 60% accurate if that.

Tribunal is pretty much where the majority of claimants now go hence the massive 6 month wait. So the initial claim 'examination' has ironically become a formality.

Fyi you have one month from the date of the initial decision to appeal, after that it gets into the realms of 'special circumstances' to get an appeal which a lot tougher.

desperate_for_advice_2

If you appeal the decision they pay you a lower rate of ESA. Think mines was £63 and pennies. Have recently found out though that they will be paying me backdated money and my payments should go up to about £92.

Perhaps your friends should appeal if only to guarantee a weekly income. But I wouldn't (personally) go onto JSA, usually leads to further problems from what I've read and heard.

lavidaloca

Do you know the date of the ESA decision? If it is less than a month ago she needs to ring up DWP and ask for a written copy of their explanation and ask them to make sure this includes a list of the descriptors they have given/not given points for.

She needs to go through their explanation and say in writing why she doesn't agree. Explain the situation to his Doctor and Consultant and get them to write letters. She can write asking for a reconsideration on their decision or go straight to appeal. Send all communication recorded delivery and it must be done within the month of the decision letter date.

Two4Tuesday

Your friend's partner should notify the DWP of all admissions to hospital as they are automatically treated as having limited capability for work on those dates.