Appeal question

mandyboops1973

March 2011: Claim for employment support allowence. Atos medical examiner finds me fit for work and stated i could walk over 200 meters, Despite me mentioning i have sever pains in my hip and can not walk any distance without sever pain.

May 2011: I am put on the NHS waiting list to have a hip replacement due to the sever pain in my hip.

I also have 2 separate medical reports from 2 separate doctors which state i'm in pain at all times when walking.

Do you think with the above evidence i stand a good chance at appeal?

rogerblack

mandyboops1973 wrote: »

March 2011: Claim for employment support allowence. Atos medical examiner finds me fit for work and stated i could walk over 200 meters.
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Do you think with the above evidence i stand a good chance at appeal?

Unless you have appealed at the time, you are now out of time to appeal.
You have 4 weeks between the decision letter notifying you that you have failed to get ESA, to get a letter to them.
This is then extended to two weeks after you recieve a statement of reasons - if you apply for one in the first 4 weeks.

Technically, the ATOS examiner cannot find you fit for work. This is done by the DWP - who take the ATOS report, and other evidence, and come to a conclusion.
In my case they decided I should be in the work-related ESA group, despite not getting enough points on the ATOS interview.

This is important as the date you can normally appeal from is 4 weeks after the DWP decision has been notified to you. If this was earlier than the beginning of this month, then the only chance you have is to make a late appeal, which is less likely to succeed, unless you can show very good cause why you could not appeal earlier.

The other option is to make a new application, on the grounds that your condition has worsened since your first application.