Incapacity benefit, esa assessment!

andrea_louise

blondee55 wrote: »

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

The DWP are "supposed" to ring you with the decision, and follow it up in writing.... as mentioned above by Mutleythefrog, if you call DWP next week and ask for a copy of your ESA85, that will give be the atos report and give you an idea (below 15 points, or fit for work, mean you have "failed" the medical).

Did you manage to check up on the descriptors before you went for the medical.

Adereterial

andrea_louise wrote: »

The DWP are "supposed" to ring you with the decision, and follow it up in writing.... as mentioned above by Mutleythefrog, if you call DWP next week and ask for a copy of your ESA85, that will give be the atos report and give you an idea (below 15 points, or fit for work, mean you have "failed" the medical).

Did you manage to check up on the descriptors before you went for the medical.

They're only required to do this if you were referred for the medical after 31st October 2011. Most people having WCAs at present were referred much before that, so there is no requirement to call.

OP - if you had your medical after 23rd January you will automatically get a letter explaining the reasons for the decision in the post.

blondee55

andrea_louise wrote: »

The DWP are "supposed" to ring you with the decision, and follow it up in writing.... as mentioned above by Mutleythefrog, if you call DWP next week and ask for a copy of your ESA85, that will give be the atos report and give you an idea (below 15 points, or fit for work, mean you have "failed" the medical).

Did you manage to check up on the descriptors before you went for the medical.

Unfortunately I didn`t, I just answered the questions as honestly as I could, just got to wait and see what happens now!

Muttleythefrog

blondee55 wrote: »

Unfortunately I didn`t, I just answered the questions as honestly as I could, just got to wait and see what happens now!

Too late now I guess... but I would recommend in the absolute strongest terms that anyone being assessed for ESA, unless incapable, study the descriptors before/during filling in ESA50 and before a face to face medical. It would be a bit like playing a sport against a highly competent opponent without first studying any of the rules otherwise. In your case it may have helped you understand better the events of the actual medical too... if they were asking you to do things then it would have been with aim to test your abilities in relation to the sets of descriptors.

Anyway.. hopefully you get a copy of your medical report soon (which requires you request it from DWP as advised!) and it can help put your mind at ease or at least prepare you for what may be to come.

blondee55

Thanks for you replies, really appreciate it. The "medical" I had was identical to one I have had before when my IB was reviewed.

blondee55

Got the letter from DWP this morning, no surprise but I failed the "medical" therefore my benefits are being stopped. Already requested the medical report, but have been told to appeal if I think the decision is wrong, and supply a Dr`s note from when my benefit is being stopped. Anyone know how long the appeal process takes?

Cpt.Scarlet

Average waiting times are supposed to be nine months but many regions are taking more than a year.

andrea_louise

blondee55 wrote: »

Thanks for you replies, really appreciate it. The "medical" I had was identical to one I have had before when my IB was reviewed.

Yes, it will have been the same type of medical, but the goalposts have been changed.

When the ESA85 arrives, check through it carefully, you will probably note that there are differences with what you have said, and what's written down. Did you have access to your GP's report, spinal consultants report etc?

Certainly appeal, put it in writing, and send it recorded delivery (keep the post office receipt). If you have access to your medical records, look through them and see if there is anything that "backs up" where you meet the descriptors. It may be that you can get it back under a reconsideration?

Good luck with the appeal.

Muttleythefrog

blondee55 wrote: »

Got the letter from DWP this morning, no surprise but I failed the "medical" therefore my benefits are being stopped. Already requested the medical report, but have been told to appeal if I think the decision is wrong, and supply a Dr`s note from when my benefit is being stopped. Anyone know how long the appeal process takes?

Ouch... they were pretty swift with the decision. Yes, make sure you get a copy of all the evidence they've used.. although it may only be your completed ESA50 form and the medical report (ESA85) from ATOS. Appealing may be a good option.. you might need 3rd party support to help you... especially if you don't like delving into the technicalities of these sorts of things.

When you appeal, the DWP will carry out an automatic reconsideration of their decision to see if they can change it.. obviously you stand much better chance of them changing decision if you supply medical evidence to support your claim of various descriptors applying or the like before they reconsider. If they don't change their decision which may take a matter of weeks then they'll refer the paperwork on to the tribunals service who may indeed take up to a year (or more) to arrange a hearing.

As you seem to have been advised by them already, supplying sicknotes should enable you to continue getting assessment rate ESA until your appeal is heard.

blondee55

Thank you for the quick and detailed replies:) Should I wait to appeal until I have received the ATOS medical report or should I start the ball rolling now? I have already booked in to see my GP next week about getting a Dr`s note, although I have not had one for years.