partner didnt pass medical......

Tehya

I can't help with advice for appeal but I just wanted to wish you luck. As a fellow carer (for my husband too) I know how damned hard it is without the ATOS (insert suitable swear word here) making it worse.

I do agree with menher in that a failed ESA medical can cause a reconsideration on a DLA claim whether that claim is up for renewal or not. There are severasl cases here on MSE.

As for money in the meantime; whilst waiting for the appeal your husband should still receive the assessment rate of ESA so the sooner you tell them you intend to appeal the better. Good luck and please do come back and keep us up to date as there are many people on these boards going/been through the same who can help you.

snookey

Im not certain but I think if you inform them that you are appealing the decision your hubby will receive a reduced amount of esa.

snoopy89

mybe you should also state to the mp and to the other parties inc artos of the disgusting way you were treated at the medical, after all you were there to help your partner as his aid. thease hartless ~~*** get my goat up.:mad: all the very best.

magoogy

thank you so much for your replies overnight - its been a stressful night with partner not sleeping due to the stress but, ive assured him ill sort it out. I hate this firm who just dont care what stress they cause at all.........thanks to this board i feel so much brighter and im sure i will sort it even though it will take time, my partner suffers enough and has suffered for years - no way am i letting an inconsiderate government initiative make things worse........thanks.......i will update as and when....

A_Flock_Of_Sheep

Can he not get Jobseekers allowance to tide you over until it's all sorted out.

Perhaps if he faced up every fortnight to the JobCentre to sign on "zombified" from the tablets and falls asleep during the sign on interviews they might take him seriously and recommend the correct benfit?

I know of a case where an autitstic young man was found "fit for work" by some ATOS medic cretin and after the JobCentre realising he wasn't when he "signed on" he got the benefit he should have got in the first place.

Muttleythefrog

Didn't realise you had thread going in two places...lol.. I've posted to other one. There is good advice in other thread, unfortunately you'll have to trundle through some unfortunate posting to find it. I'd follow advice of lavidaloca above. In light of what you've said here and in light of the severity of his problems I can't think that anything other than appealing is the sensible decision (unless you find the descriptors that should apply wouldn't be sufficient to qualify) and so it is worth going through the motions for that now as advised and getting the help you need to do it... and potentially make complaint regarding ATOS healthcare professional behaviour... and get MP in on matter if possible. If you've got supportive medical professionals involved in his care/treatment then use them to verify the details that will qualify him for the benefit... their evidence could be key to undoing the ATOS medical report from a Healthcare professional who doesn't have the same insight and patient exposure.

Good luck.

formaldehyde_perfume

Firstly, ring the DWP and tell them you are going to appeal, also ask for a copy of the ATOS medical report to be sent out to you. Secondly, write a short letter saying you are going to appeal (and why, i.e the ATOS medical was inaccurate and the assessor was unprofessional in her approach to the claimant) and send it to them. Send it recorded delivery, send everything recorded delivery! This will make sure you get on to the assessment rate of ESA (which I believe is the same as JSA) and therefore your money worries should ease a bit... After that I'm not sure of the process as my CAB adviser dealt with things from that point on.

In my case, I received my DLA decision at the same time as my ESA nightmare was going on. My adviser used this to point out some of the flaws in the ESA medical such as receiving 0 points for ability to walk, yet to get DLA high rate mobility (which I got) you need to be "virtually unable to walk" and although the descriptors are slightly different from one another, they are comparable, so the ATOS assessor was clearly wrong on that point. It might be different in your case, if your husbands DLA decision was a while ago then the DWP may argue that he has improved since then, but if you also have the backing of your GP who says your husband is no better then it might be worth thinking about putting that point to them if you ask for a reconsideration.

The best thing to do is to see if you have a DIAL/CAB/welfare officer in your local area, they are the ones who have the most knowledge about these things.

I hope things work out for you.

magoogy

please ignore - he passed

snoopy89

lets hope bryan goes home and needs a few months of work, and has to ring in and gets his brother on phone with same manor, :rotfl:
keep us informed and all best to you both.:)

magoogy

well, this is getting really confusing now - didnt receive any letter by yesterday so phoned back up and was told someone would get back to me........still waiting and still no letter........am totally confused as to whats happening..........been a week since the phonecall and no wiser......