Appealing failed ATOS medical - ineligible for assessment rate?

AlexisM_3

My mother (who is English, born here, has a British passport etc) has lived abroad since childhood and only recently moved back to England after my father died. Soon after she came to live with us, she suffered a stroke and was unable to work and has been claiming disability benefits for a few years. After her recent ATOS assessment (during which she was treated very badly and we filed a complaint the next day), she was given zero points and we have decided to appeal. I did a bit of research and found out that I can ask to be paid the assessment rate while the appeal is ongoing, but have also heard from a few sources that they were denied because they haven't made enough NI contributions. My mother has never worked in this country, does this mean we'll be denied the assessment rate? It's a struggle to get by with my wages and my mother's benefits, so if they're taken away completely, especially when I'm also her carer, I can't see us getting by at all.

Any advice is appreciated. Thank you.

rogerblack

If she's eligible at all, she will be eligible for the assessment rate.

Does she have savings of over 6/16K, or capital - other property - ...

What ESA group has she been placed in?
Was she previously claiming IB?

One major issue is - was she ever entitled to begin claiming IB or ESA.

If this was properly claimed in the first place - with her disclosing her circumstances fully, then her continuing to claim - as long as she does not have capital in excess of the limits should not be a problem.

madison11

You must complete a GL24 form, which you collect from job centre, complete it send it to local benefit office, once they have received your GL24 form and you must phone to check its been received. your money should be re-instated at the assessment rate until you have had your tribunal. If not successful go to your local C.A.B. You must remember to send continual medical notes in donot miss any. this will hold up any payments. always photocopy any medical notes incase the benefit office say they havent received it.

rogerblack

madison11 wrote: »

You must complete a GL24 form, which you collect from job centre, complete it send it to local benefit office, once they have received your GL24 form and you must phone to check its been received. your money should be re-instated at the assessment rate until you have had your tribunal. If not successful go to your local C.A.B. You must remember to send continual medical notes in donot miss any. this will hold up any payments. always photocopy any medical notes incase the benefit office say they havent received it.

In principle, waiting till you fail the tribunal is extremely bad advice, if you can possibly get assistance before that.

This is because if the first level tribunal decides that they don't believe you on any given fact - as long as this decision is not clearly irrational - you cannot appeal the decision because of this.

AlexisM_3

Thanks for the advice. She hasn't been placed in any ESA group as far as I'm aware, they just sent a letter saying her benefits would be stopped on a certain date and that she can start applying for JSA if she needs money.

I phoned up the job centre and they said she should be able to get the assessment rate if we send a sick note from her doctor with the appeal form. They didn't say anything about sending continual medical notes, and I forgot to ask. How often is best?

MrsManda

AlexisM wrote: »

I phoned up the job centre and they said she should be able to get the assessment rate if we send a sick note from her doctor with the appeal form. They didn't say anything about sending continual medical notes, and I forgot to ask. How often is best?

There shouldn't be a break between sick notes until the DWP say she doesn't need to send them anymore. Therefore if her doctor (for example) gives her a 4 week sick note then she'll need to send another in 4 weeks unless she's heard back from the DWP.