I need help filling in appeals for ESA, anyone appealed the ATOS decision?

Widelats

I am appealing my ESA decision which failed on 6 points out of 15, however, i am thinking CAB can help fill in the appeal forms, anyone with experience on this help me out a bit?

What should i send with the appeal form? etc.

Thanks.

Horseunderwater

Have you obtained the list of reasons and a copy of the ATOS medical report? DWP should be able to send it to you. Get that first if not. Obtain form GL24 for putting in the appeal and read up on the ESA descriptors to find out which ones apply to you. There may be more than one. It is the total that makes a min of 15 not just the one. I think that if you had a medical it is ESA 85 and if no medical it is ESA 85A. Muttley frog knows much more.

Widelats

I did have a medical, well, if thats what you can call it, more like can i stand up, move my fingers, and crazy questions like what do i eat and can i set a alarm clock and do i watch the news or read newspapers.

I am expecting the ESA report today in the mail and they said they will send me a appeal form too, thanks then, i will have a good read of it.

Might be able to give more info tonight.

Widelats

Well, i got the list of reasons which has confused me, one bit says i got 6 points and another says 0 points - i do not know what they mean.

There is lies in the report, like "Can do this and this no problems" when i showed her i really can't, and i told her about the specialist who treated me telling me there is nothing he can do, and i will be stuck with it for the rest of my life, but she has reported it as fine - its plain lies, no other way of describing it.

There is too much info in the report that is totally wrong, i remember actually have problems there, she even said aloud "yes your having a few problems there" and reported it as normal - lol.

At a guess i think i will have to go through the reasons, and say why they are wrong and put that into appeal, am i right to do this?

Thanks anyone if you know.

Widelats

stallion4u wrote: »

Yes those will be your appeal statement. You should now be gathering evidence that supports whatever descriptors you are chosing to rely on.

Thanks, i will get on it ASAP.

Letters are dated 09/July/2012 and i only got them today, i hope they are not going to pull a "you didn't respond in time" refusal on me.

benefitbaby

You have an automatic right of appeal within one month of the date on the decision letter telling you that you did not qualify for ESA... however the absolute time limit for appeal is 13 months.

To have a late appeal accepted you need to show you have good cause for it being outside the one month. This could be because the decision letter was received late, medical issues, bereavement etc etc and the decision maker has to consider whether it is in the interests of justice to accept your late appeal - so be as detailed as you can.

If the decision maker refuses to accept it they will pass it to the tribunal service to determine whether to accept the appeal (the tribunal service would at this point write to you and ask you for more info).

When you send in your appeal don't forget to send in a sick note (called a Med3) so that you can be paid pending the outcome of your appeal.

Keep copies of everything and contact your local CAB or welfare rights service for further help