Another ATOS fit for work case

FleurDuLys

Don't forget, if you're still ill after a year on ESA(C) then you won't simply be kicked off ESA and expected to go onto JSA.

Either you'll be well-off enough to be expected to live off savings/your household income (ie your partner will be expected to support you) or, if you don't have enough money, you will be eligible for Income-based ESA. So, no-one should fret that they will be left without any money to live on!

Getting into the Support Group really isn't a lucky state of affairs IMHO. It sucks, quite frankly.

diolch

FleurDuLys wrote: »

Don't forget, if you're still ill after a year on ESA(C) then you won't simply be kicked off ESA and expected to go onto JSA.

Either you'll be well-off enough to be expected to live off savings/your household income (ie your partner will be expected to support you) or, if you don't have enough money, you will be eligible for Income-based ESA. So, no-one should fret that they will be left without any money to live on!

Getting into the Support Group really isn't a lucky state of affairs IMHO. It sucks, quite frankly.

Maybe from a health point of view it isn't but it sure beats the fact of getting kicked off ESA CB. ESA IR is not available to us due to other income coming into the household.

bobbitz

He's in a wheelchair, so how does this stop him working?

Call centre work, or even checkouts shouldn't be beyond him.

FleurDuLys

diolch wrote: »

Maybe from a health point of view it isn't but it sure beats the fact of getting kicked off ESA CB. ESA IR is not available to us due to other income coming into the household.

In that case you've got enough money to live off, no? As with JSA, it's expected that you should live off your savings/household income and have your partner support you after the initial period on contributions-based benefits. It's all means-tested, so those who are well-off enough to support themselves are expected to. I don't see that as a huge problem and neither does my husband. This is a whole separate debate though as obviously there are people who feel they should be given ESA(C) indefinitely!

kaya

phone the dwp and instigate an official complaint about atos, phone your mp and make an appointment to complain, it appears that atos's remit is to fail everyone, i havent heard of anybody who has passed, then the 70% of claimants who go to appeal/tribuneral seem to pass and get there benefits reinstated, that is i believe where the 30-70% figures come from, a very good friend of mine, who openly admits to being a lazy benefit scrounger with no interest in working has been skiving on the sick for 2 1/2 years claiming depression/anxiety, he failed the atos test, went to appeal and unbelievable passed and was granted 2 years of backpay, he openly admits there is nothing wrong with him whatsoever and took some vallium before going into the tribuneral office, mumbled and made stuff up as the tribuneral hearing progressed, the doctor and lawyer nodded, ticked some boxes and sent him on his way, atos are a software company not a medical one and it seems that buy failing everyone around 30% of tested people simply cant be bothered to re-apply and go to tribuneral whereas the 70% who do get there benefits back, beleive me that if he passed without anything other than some sick notes from his GP your FIL with his indesputable medical history should pass with flying colours at tribuneral

healy

kaya wrote: »

phone the dwp and instigate an official complaint about atos, phone your mp and make an appointment to complain, it appears that atos's remit is to fail everyone, i havent heard of anybody who has passed, then the 70% of claimants who go to appeal/tribuneral seem to pass and get there benefits reinstated, that is i believe where the 30-70% figures come from, a very good friend of mine, who openly admits to being a lazy benefit scrounger with no interest in working has been skiving on the sick for 2 1/2 years claiming depression/anxiety, he failed the atos test, went to appeal and unbelievable passed and was granted 2 years of backpay, he openly admits there is nothing wrong with him whatsoever and took some vallium before going into the tribuneral office, mumbled and made stuff up as the tribuneral hearing progressed, the doctor and lawyer nodded, ticked some boxes and sent him on his way, atos are a software company not a medical one and it seems that buy failing everyone around 30% of tested people simply cant be bothered to re-apply and go to tribuneral whereas the 70% who do get there benefits back, beleive me that if he passed without anything other than some sick notes from his GP your FIL with his indesputable medical history should pass with flying colours at tribuneral

Only about 40% of people who attend an ESA appeal tribunal are successful in their appeal.

cit_k

it was 70 percent (if represented) for IB appeals, obviously, its dropped now down to 40 % - which is to be expected as the whole point of ESA is to fail 1 million people, and to achieve that aim the descriptors need to leave little room for appeal.

twinkle100_2

i was also turned down and told i was fit for work having not scored enough points (i have nerve damage due to botched surgery) i am unable to sit or stand for more than around 15 minutes at a time, and so have to keep moving or lie down to be comfortable.
i had a feeling my claim would fail as many do and was determined to appeal... i wrote a two page letter explaining in detail all the things i was unable to do and condemed the ridiculous points system that is in place.... i also received a phone call before my appeal was about to be looked at, and asked if i would like to add anything, i told that person in no uncertain terms how stupid the system was and strongly put my problems i have over to her, i feel this phone call was a bit of a test to see if i was sincere.
i passed the appeal so it was all worth it, and would certainly have taken it further if i hadnt... if you have a legal right to this benefit then you need to express yourself firmly and confidently.