Wrong details in ESA letter re points awarded

annie_cardiff

Just had my letter through informing me that I had failed my WCA by ATOS ...again.
The lady that rang to inform me prior to the letter stated I had been awarded 12 points, the letter states 0 points awarded on the first page yet in the brief summary of the report attached states on two of the descriptors I was awarded 6 points for each ??
I appealed my last decision and won at tribunal 4 months ago, since had a new assesment and here we go again.
During the last appeal period ( 9 months ! ) I had to send sick notes in and my gp stated off work indefinately, does that still stand for the new appeal I will make. Also why when at appeal I am seen by a fully qualified doctor only 4 months ago does ATOS feel better qualified to determine my health status !!:mad: I really do not feel able to go through all of this again I am tired of the battle and I know my mental health problems will increase due to the stress again which has a knock on effect to physical health problems. Just when you think you have come through it all it starts again , feel like giving up

helpfulperson

Any appeal can only consider your condition at the time of the assessment. Get you local Citizens Advice Bureau (or similar) to help you with the appeal. Go to http://www.citizensadvice.org.uk/index/getadvice.htm to find their contact details.

[Deleted User]

ATOS dont determine your health status only your capability(or not)for work of some sort

Muttleythefrog

Ah.. so failed at reassessment... it's a shame you weren't able to convince them that the same descriptors applied as per the tribunal result at last appeal. If you have been found 'fit for work' (i.e. failed the WCA) then yes.. sicknotes again to get assessment rate while appealing. Get any supporting evidence you can that the various descriptors apply that you feel do apply to you. Try not to let it get you down.. easier said than done... but like any game you'll probably get better at it... reduce the chances of face to face medical being required and increase evidence of your own into the process to reduce their chances of taking bad decisions. Focus on the descriptors. Good luck!

Oh.. the letter from DWP... I would assume like many letters regarding ESA it'll be open to dreadful error... if they've found two 6 point scoring descriptors for WRAG as applying then that'll probably be the case... the 0 points is probably some generic error of letter production... but check... the medical report (ESA85 if face to face medical.. ESA85A if not) from ATOS was probably relied on for the decision and will state the descriptors if so.

MUMZ2BEE

Sorry to hear of your problems with bloody ATOS.

Is there no chance of you making a formal complaint about being pestered for medicals all the time!!??

Can your GP make the complaint saying this would affect your mental health!!???

atrixblue.-MFR-.

MUMZ2BEE wrote: »

Sorry to hear of your problems with bloody ATOS.

Is there no chance of you making a formal complaint about being pestered for medicals all the time!!??

Can your GP make the complaint saying this would affect your mental health!!???

feel free to make a complaint, but ATOS do not instruct claimants for assessment the DWP does, so the complaint would be towards them not ATOS they just do what a DM says needs to be done.

to the second NO a GP wont involve themselfs with a despute with DWP and the DWP ignores GP's and consultants anyway.

annie_cardiff

Thank you all so much for taking the time to respond to my little rant !!!
As per usual for ATOS they are just out to make life more of a misery for the people claiming . I was left for 16 weeks following my last medical with no income whatsoever as they just made mistake after mistake. I had to apply for crisis loans on 3 occasions and when part of your problem are mental health issues it was hell during that time ,I fell apart as unable to cover my rent,bills etc the stress was hard to deal with. I am a very proud and private person and find it hard to ask anyone for anything ,even making dental / doctor appointments makes me feel I am asking for something I am not entitled to.
I will appeal ....again but dread the months of waiting ,stress and anxiety building and not able to pay bills is not something that I thought would be happening again so soon . I will now wait on the full report and send in another sick note, try to reinstate my HB, and up the anti depressants !!!!!

flight747

Just give up and claim JSA anyway. Because you will waiting for another tribunal in a year time, can you afford to wait that long with assessment basic rate ?

I know the feeling. I hate ATOS and DWP, they both bad as each others, and they kept coming back to haunt you more and more like a house of horror! DWP don't want anyones stay on ESA forever!

annie_cardiff

flight747 wrote: »

Just give up and claim JSA anyway. Because you will waiting for another tribunal in a year time, can you afford to wait that long with assessment basic rate ?

I know the feeling. I hate ATOS and DWP, they both bad as each others, and they kept coming back to haunt you more and more like a house of horror! DWP don't want anyones stay on ESA forever!

I feel like giving up but I really feel I am unable to return to full time work with my health problems. As far as I am aware JSA rate is approximately the same as assesment rate , and the difference compared to ESA as a single person is what I have to put by for my bills etc.

Muttleythefrog

flight747 wrote: »

Just give up and claim JSA anyway. Because you will waiting for another tribunal in a year time, can you afford to wait that long with assessment basic rate ?

I know the feeling. I hate ATOS and DWP, they both bad as each others, and they kept coming back to haunt you more and more like a house of horror! DWP don't want anyones stay on ESA forever!

JSA and ESA basic rate are equivalent I understand.