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Quick decision after ESA medical

golfer86
golfer86 Posts: 7 Forumite
edited 2 November 2011 at 11:55PM in Benefits & tax credits
I rang the ESA helpline today to request the report from my ATOS medical last week, only to be told that the Decision Maker had looked at my report and I passed the WCA assessment, remaining in the work related activity group. Bearing in mind my medical was last Thursday, this must be a record with a result after just 4 working days! I was told by my JCP to expect a result in 4-6 weeks.

If I pass a medical, am I able to find out how many points I scored?

Comments

  • Muttleythefrog
    Muttleythefrog Posts: 20,589 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    golfer86 wrote: »
    I rang the ESA helpline today to request the report from my ATOS medical last week, only to be told that the Decision Maker had looked at my report and I passed the WCA assessment, remaining in the work related activity group. Bearing in mind my medical was last Thursday, this must be a record with a result after just 4 working days! I was told by my JCP to expect a result in 4-6 weeks.

    If I pass a medical, am I able to find out how many points I scored?

    If you request a statement of reasons for the decision I would think it should document such. But it sounds like they've heavily relied on the ATOS medical report and you can request a copy of that too.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • salau2
    salau2 Posts: 123 Forumite
    You can request all the information used to make a benefit decision. Moreover, if you believe you should be in the support group you can appeal the decision and have 1 month from the date of decision to do so. You can also request a reconsideration of the decision (which is also done if you appeal). At this point you can send any further evidence i.e. letter from a medical professional. Contact your local welfare rights team or CAB for further assistance as an appeal could make you lose benefit as well.
    Don't thank me, thank my post :T

    NOTE: Nothing on this board constitutes legal advice - always consult a professional about specific problems.
  • Yes in some cases, ATOS has resulted in death, why can it be that extreme? Because some people have committed suicide after being denied benefits due to a failing an ATOS medical, this is how important it is that people are not just cut off. And when you say "chavvy spongers" you can only legitimately be referring to those who are actually committing benefit fraud because everybody else genuinely is sick or disabled, even though the definitions of what that means which they use to award ESA have been significantly narrowed to make cuts. This alongside the problem that also exists of ATOS's many inaccurate medical results has resulted in many people being thrown on to JSA when they are not suitable for it.

    Comparisons to the nazi regime might seem distasteful, but in the way they were purging people back then, people are being purged off benefits, who should be entitled to them. Therefore a date with ATOS, does feel like going to one of those infamous buildings in Germany. It comes with at least some of the same fear and apprehension, it may not mean death, but it can mean desperation and hopelessness, destitution and homelessness. The prospect of being thrown onto JSA can feel like a death sentence to someone who feels that they are too weak to handle its requirements and its persecutions of being forced to go on training coruses, workfare and rigorous work search requirements and the fortnightly inquisition, if you are unwell but can't score the 15 points required the result is some sort of potential ordeal. I can only conclude that its quite apt to make that comparison with what happened in Germany in the 30's and the consequences for some people that the ATOS medicals have had today. You could only hope that they will learn from the mistakes of the inadequate medical results and be forced to concede and proceed with a fairer system, has it really been worth the distress and fear it has inflicted on some people just to catch out the minority of people who may not be entitled? As it stands they are likely to be more up on the system and still able to navigate it better, even the medical procedure, better than anyone who is suffering from anxiety because they heavily depend on being kept on the right benefit.
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