Incapacity benefit, esa assessment!

andrea_louise

If an appeal fails (I believe they are generally taking up to a year to get to tribunal) then you reapply! You can reapply 6 months from your last submission.

hth

Glen_Clark

nannytone wrote: »

( only 7% of claimants get into the support group ... so unless you are so disabled/sick that you cant even wipe your own bum, dont even think about it!)

I may be wrong, but as I understood it, thats 7% of those who apply for ESA. Which will include some applying from scratch who maybe are capable of some work.
Not 7% of those who have already been proven sufficienty incapacitated to have been awarded long term Incapacity benefit?
So blondee 55, hopefully your chances of a fair hearing are better than 7%

But please correct me if I have got this wrong.
From what I have heard of ATOS, nothing would surprise me any more.

GiveMeCake

I've had 3 ATOS medicals in the past and have never failed one. From what I hear a lot of appeals are successful so definitely go to appeal if you do fail as ATOS are known for their less than accurate assessments.

If you do pass you may still be put on the Work Programme and referred to one of the JCP's providers. So don't be surprised if you get a letter, it doesn't mean you HAVE TO look for/get a job, it's there to support you if you decide you do want to find work (help writing a CV, interview role-plays, use of their PC's etc). But check with the JCP whether attendance is voluntary or mandatory on your part as I was put on it recently (voluntary) and then after the first appointment with the provider I decided it was a load of s*** what they had to offer but they chased me with calls and letters threatening that my benefit was going to be stopped etc and in the end I had to get the JCP to get them off my back.

You won't lose benefits altogether in you end up failing an appeal, you'll most likely be put on JSA and if you're claiming housing benefit and council tax you'll still get those too.

Good Luck with ATOS

blondee55

Thank you everyone for taking the time to reply, much appreciated:)

blondee55

Right I have had my medical this morning, could not believe some of the stupid things they ask you to do:(

Anyway what I want to know is if I "fail" this medical then appeal, do I continue to get my benefit or does it stop it immediately? Thanks to anyone who takes the time to reply:)

Muttleythefrog

blondee55 wrote: »

Right I have had my medical this morning, could not believe some of the stupid things they ask you to do:(

Anyway what I want to know is if I "fail" this medical then appeal, do I continue to get my benefit or does it stop it immediately? Thanks to anyone who takes the time to reply:)

Firstly I'd advise requesting copy of the ATOS medical report from the DWP (number at top of DWP ESA letters) in a couple of working days' time...perhaps next week some time... will give you some idea what decision is likely (although note the report is not the decision... only a usually fairly seriously taken piece of evidence used by the DWP decision maker). An actual decision may take several weeks.

If you fail the WCA then they may give you written warning that payments will cease on date x as you've failed WCA... but for many people that doesn't happen...admin is shockingly poor. You could appeal and should be able to get assessment rate ESA while awaiitng appeal if able to supply continuous sicknotes.

Cpt.Scarlet

You are entitled to the ESA Assessment rate, about £67.50/w, depending on when a decision is made you will get a further 1-2 weeks of your IB before it is stopped.

blondee55

Thanks for the replies, much appreciated:) Will update on what the result of my "medical" is when I receive it.

blondee55

Sorry for all the questions:o but do receive your result of the ATOS medical via post or by phone?

Muttleythefrog

blondee55 wrote: »

Sorry for all the questions:o but do receive your result of the ATOS medical via post or by phone?

If you want to request (a copy of) the medical report resulting from your face to face ATOS medical assessment then you can do so by calling the DWP on the number at top of your DWP ESA letters.. probably a benefit delivery centre (BDC) local to you. The report is specific to the descriptors for ESA but does not in itself determine the outcome of your WCA which will be decision taken by DWP probably heavily relying on this report. When the DWP do eventually take a decision on your Work Capability Assessment (WCA) which may take some weeks then they should let you know in writing or possibly beforehand by phone.

I hope that clarifies matters.