ESA refusal

robpw2

hey all looking for some advice really
I went for an atos medical back in september recieved a letter yesterday telling me i would be no longer entitiled to incapacity /esa (as they intended to move me over) from the 2/12/11 and they provided a least of the points system and i got 0 points for everything .
Now im not sure what to do they apparently are sending me appeal forms but does anyone now how i get a copy of the medical report

also realisticly is there any point me appealing because its not like im going to jump from 0 points to the required number and i just feel that i would have to much stress and hassle.

if anyone can offer any help or somewhere that may be able to help please let me know

Muttleythefrog

You should be able to get a copy of all the evidence they've used including the ATOS medical report by calling the number at the top of the DWP ESA letters (probably the number for your local Benefits Delivery Centre). You can also request a statement of reasons for the decision although I have to admit I'm not sure if the document they've already sent is classified as such now... check.

Many people do appeal after scoring zero points and qualify for main phase of ESA... it is far from uncommon... and cases appear on these threads. My advice to you is to honestly look at the descriptors for the benefit's main phase groups WRAG and Support Gp... and see if you think you should qualify for the benefit. If you feel you should and if you can get medical evidence to support that claim then you'd probably have a decent chance of winning an appeal.

It's worth noting there is the option of reconsideration also. If you appeal then the DWP will automatically do a reconsideration of their decision before sending case papers off to tribunals service... if new evidence if presented to them they will consider that. You can request a reconsideration in itself too... although obviously if you appeal thereafter they won't reconsider again... they'll just send papaers off for appeal to be arranged. Appeals are currently taking many months to be arranged and heard... you definitely should attend to give evidence if you can at an appeal tribunal.

Obviously there probably are other benefit options different than ESA, like JSA. You may consider that more appropriate. There is the option (shinking one) of getting legal advice from the likes of CAB or Welfare Rights.

cit_k

Yes, good advice, read through the report they send, prepare yourself for reading a work of fiction though... And get that appeal started.

rogerblack

http://www.dwp.gov.uk/docs/m-06-11.pdf - full list of the current descriptors.
As always - send everything recorded or tracked, and do not send originals, unless specifically requested.
Good luck.

SueDerbyshire

Hi,

Just wanted to give you the confidence to appeal. I was in the same boat as you for DLA and I know it is almost the same. I also got 0 points when I had my assessment. I asked for a copy of the medical report and disagreed with it. Some of the information contained was incorrect and this encouraged me to have my say at a tribunal. I only wanted what I was entitled to and I was just happy to get the truth across to the board. This I did and won my case. I was so releived.

One tip, get a doctors report and a specialists at the hospital (if you attend one). Write a full report on why you disagree with the medical assessments findings (report). Most of all be honest, if you are not honest they can see through you and then don't believe the information that is correct.

I wish you luck, in my case it was worth fighting for but I understand what you mean, it is hard to keep going sometimes and easier to give up but don't.

Sue