Scored 0 points at medical assessment

troyster_2

After waiting 7 weeks, I've found out that I scored 0 points at the Atos medical so I've been denied my claim for ESA. I was expecting it after reading everyone stories, but I feel so sad that I went through the trauma of the medical and the nurse found me fit for work and thought I was lying or exaggerating. I don't think I can face an appeal.

boobies

If you do not wish to appeal you would need to apply for JSA instead. To clarify, the nurse did not find you fit for work, the DM at the DWP did.

I'm not clear what else you need to know?

troyster_2

Sorry I don't need to know anything, I was just upset and wanted to write it down. I can't claim Jobseekers because I'm not well enough to work.

pmlindyloo

troyster wrote: »

After waiting 7 weeks, I've found out that I scored 0 points at the Atos medical so I've been denied my claim for ESA. I was expecting it after reading everyone stories, but I feel so sad that I went through the trauma of the medical and the nurse found me fit for work and thought I was lying or exaggerating. I don't think I can face an appeal.

If you feel that this decision is wrong then I strongly advise you to appeal. CAB can help you do this.

There are many instances of this happening, as you know, so much so that yesterday I had a client who was telephoned about the decision and immediately asked if they wanted to appeal. I also know that the CAB is inundated with clients appealing their decisions.

If you can get help from a Welfare and Benefits specialist then the appeal should not be so daunting. Remember that you have only one month to appeal and mention the dates when you make an appointment with CAB.

boobies

troyster wrote: »

Sorry I don't need to know anything, I was just upset and wanted to write it down. I can't claim Jobseekers because I'm not well enough to work.

Strictly speaking, you can claim JSA. The DWP have declared you fit for work, so they cannot turn down a claim for JSA on that basis.

Is there any work you could do at all? Are you sure you do not wish to appeal?

troyster_2

Thanks for your response.
I know I should appeal but I just don't have the strength emotionally. A close relative was diagnosed with cancer a few weeks ago, and I need to concentrate on supporting them and trying not to have a major flare of my own illness. Can't cope with any more stress.

Muttleythefrog

THis is one reason why I always advise requesting a copy of ATOS medical report immediately following medical.. as at very least it can prepare you for bad news and buy you time to either challenge what is in it or get medical evidence to support your case/prepare appeal case.

As above though... I would advise appealing if you genuinely feel you qualify for the main phase of ESA. Have a good study of the descriptors for ESA's WRAG and Support Group... assuming you haven't already... and decide if it is worth pursuing. Ask for a copy of all the evidence they have used including the ESA85 (ATOS face to face medical report) to take the decision at the DWP and perhaps seek third party advice and support like CAB. Many people do succeed in appealing this decision and many do so after being awarded zero points on the WRAG descriptors. The DWP will carry out an automatic reconsideration if you send an appeal request to them (GL24 form or in writing saying you wish to appeal the decision as it is wrong) to see if they can change decision before forwarding papers to tribunals service for an appeal hearing. If you do go down route of appeal then strongly advise getting supporting medical evidence.. the closer it is to supporting your claim of various descriptors applying the better.

With sicknotes you should be able to get assessment rate ESA during awaiting appeal.. alternatively as above you can claim JSA... but you'll obviously be expected to meet a JS agreement.

bluebird

I Feel for you Troyster,this smells of bullying on their part...find a weak subject and get them signed up as fit to work,another number off their list,wonder what this weeks quota was?
My brother has heart problems he claims nothing but jsa they try every other month to bully him into unsuitable work, he has club fingers and they want him working computers of which he knows nothing about.why is it they can almost tag you as a liar? Be strong Troyster and good luck.

Muttleythefrog

troyster wrote: »

Thanks for your response.
I know I should appeal but I just don't have the strength emotionally. A close relative was diagnosed with cancer a few weeks ago, and I need to concentrate on supporting them and trying not to have a major flare of my own illness. Can't cope with any more stress.

It's worth noting that you may find appealing ESA less demanding than the alternative if you have the support of your GP regarding sicknotes. Remember JSA will require you sign on etc.. seek work. WHile an ESA appeal will at minimum require you simply fill in the GL24 form and supply sicknotes to get the income. You may not be up to getting evidence to support an appeal or make any good case for appeal... but at worst you'd fail in reconsideration and lose at tribunal which you wouldn't even have to attend (although success raes are enhanced if you do).. that'd all take many months, perhaps even a year, buying you time to get yourself sorted or make a new ESA claim if appeal fails.

troyster_2

Even if I was well enough to work, I don't think I can claim jobseekers because I was previously self-employed and paid a different class of national insurance contributions. And my husband works full time so we wouldn't be eligible for any other help.

pmlindyloo

Have you previously been claiming income based ESA?