Need to appeal a decision following ATOS assessment

Saetana

Today my husband received a letter from the DWP, following his ATOS assessment 4 weeks ago. He is currently receiving higher rate Income Support. They have decided he is fit for work, despite the fact he feels sick most of the time due to chronic pancreatitis - this was not even mentioned in the summary they sent with the letter, they only covered physical issues (he got 6 points for his osteoarthritis in both knees). We already have a copy of the ATOS report and were concerned that his sickness is barely mentioned in this report, this is not totally unexpected but he is in no way fit to seek work.

What we would like to know is how we go about appealing the decision - this is mentioned in the letter but there is no mention of how to go about it. We also need to know what happens about his benefit, he will get one final payment in two weeks time but we do not know what happens next. Do they continue to pay him if he appeals or will he have to claim Jobseekers Allowance instead? The problem with this is he really is not fit for work and will be unable to fulfill the conditions.

Our doctor is prepared to write any necessary sicknotes and we intend to pay for him to do a medical report for the appeal - the DWP did not even contact him to ask about my husband's multiple medical conditions!

My husband also suffers from clinical depression and I am really worried about the impact on his mental health. Any help with this would be greatly appreciated.

Torry_Quine

He has one month to appeal from the date of the letter. If you contact the phone number on the letter they will give you an appeal form and also ask for the information they have and based the decision on. He will need to supply fit-notes and will get the basic rate while he is appealling.

Muttleythefrog

As above... one month you'll get to tell the DWP that you want to appeal the decision. This can be done using a GL24 form which is available online (but still needs to be printed and posted I believe) if necessary... or in writing a suitable letter.

It sounds like you have the details of the decision and the key evidence they used namely the ESA85 ATOS medical report. This means you can probably go forth and do the appeal request. Focus on the descriptors... these are all that matters. Try to make convicing case the relevant ones apply and try to get supportive medical evidence... a helpful GP/specialist can be invaluable if pointed in the right direction as to what opinion and facts specifically would be relevant.

When appealing send in sicknote to cover from date payments stop(ped) and could be able to get assessment rate ESA until appeal heard. The DWP will carry out a reconsideration of their decision before they forward paperwork to tribunals service... expect processes to last many months.

You will probably find many other threads in this section on ESA and appeals if you wanted wider reading.

I should add... as it may help him in terms of his current state... is this... because the process of appeal takes so long typically it is meaning that if the doctor is prepared to give sicknotes beyond the appeal then he will most likely be able to re-apply for ESA immediately following a failed appeal if the worst was to happen. This is because the 6 months waiting period (for payments for new claim after failed claim decision) will have probably passed. So as things are it is unlikely he'll need to look for work or claim JSA even if things go horribly wrong. As it sounds like GP is helpful I suspect there is a very good chance of things going right.

Saetana

Muttleythefrog wrote: »

As above... one month you'll get to tell the DWP that you want to appeal the decision. This can be done using a GL24 form which is available online (but still needs to be printed and posted I believe) if necessary... or in writing a suitable letter.

It sounds like you have the details of the decision and the key evidence they used namely the ESA85 ATOS medical report. This means you can probably go forth and do the appeal request. Focus on the descriptors... these are all that matters. Try to make convicing case the relevant ones apply and try to get supportive medical evidence... a helpful GP/specialist can be invaluable if pointed in the right direction as to what opinion and facts specifically would be relevant.

When appealing send in sicknote to cover from date payments stop(ped) and could be able to get assessment rate ESA until appeal heard. The DWP will carry out a reconsideration of their decision before they forward paperwork to tribunals service... expect processes to last many months.

You will probably find many other threads in this section on ESA and appeals if you wanted wider reading.

I should add... as it may help him in terms of his current state... is this... because the process of appeal takes so long typically it is meaning that if the doctor is prepared to give sicknotes beyond the appeal then he will most likely be able to re-apply for ESA immediately following a failed appeal if the worst was to happen. This is because the 6 months waiting period (for payments for new claim after failed claim decision) will have probably passed. So as things are it is unlikely he'll need to look for work or claim JSA even if things go horribly wrong. As it sounds like GP is helpful I suspect there is a very good chance of things going right.

Thanks very much for your help, I plan to ring the DWP on his behalf today and will acquire the online version of the GL24 form as I find its an easy way to keep a copy of what I've written (I fill out all the forms as my husband is mildly dyslexic). The main problem with the ATOS assessment is that it is not at all suitable for people who are sick rather than disabled - they gave him 6 points for the osteoarthritis but that was never the main problem. We also intend to go to Citizens Advice for assistance as well as I understand they can help with representation at appeals if necessary.

I find it staggering that they never contacted my husband's GP for any information - he suffers with 7 different medical conditions, its a complex case, they would also have got details of all the specialists he has seen and maybe wouldn't have had to cause him pain yanking his legs about to see how bad his knees were. She also (a nurse when we really needed a doctor) had him standing waving his arms about, despite the fact we said he had no problems with upper body movement on the form. It seemed a pointless waste of time and I really wish we had recorded the interview as she misrepresented what he said on more than one occasion and almost totally ignored the main problem of chronic pancreatitis. I don't know why I'm surprised, I've heard so many cases of people being wrongly turned down and know two people personally to whom this has happened.

Not sure whether to contact our MP or not as well, they really need to do something about this test as its not fit for purpose, end of.

rogerblack

Saetana wrote: »

I find it staggering that they never contacted my husband's GP for any information - he suffers with 7 different medical conditions, its a complex case, they would also have got details of all the specialists he has seen and maybe wouldn't have had to cause him pain yanking his legs about to see how bad his knees were.
<snip>
I don't know why I'm surprised, I've heard so many cases of people being wrongly turned down and know two people personally to whom this has happened.

Not sure whether to contact our MP or not as well, they really need to do something about this test as its not fit for purpose, end of.

Fundamental thing that you must understand.
ESA is not given for being unable to work through sickness or disability.
ESA is given for meeting various tests.

http://www.tameside.gov.uk/esa/wca
http://www.tameside.gov.uk/esa/lcwra

These are the tests you need to concentrate on.
For example - 'Cannot raise either arm as if to put something in the top pocket of a coat or jacket.' - would alone get you put into the support group.


Very ill people with complex disabilities can - properly - fail to get ESA - on a correct reading of the law. This is something you'd need to talk to the MP about, as it's the design of the test, not flaws in how it's implemented.

http://www.nacc.org.uk/downloads/disability/adultguide.pdf this is a guide to how to apply for ESA, for people with chrons syndrome - clearly the conditions differ, but there are considerable common features. It goes into how the descriptors may apply when it appears on simplistic readings of them that they do not.

For example - being able to do a task once does not mean you're capable of that task. You need to be able to do it repeatably and reliably throughout the day.

You _NEED_ a copy of the medical report first, before appealing.
Request (in a seperate call) a 'written statement of reasons' - this will extend the deadline to appeal by at least 14 days from a month.

The DWP frequently do not contact your GP/...

If the medical report falls far enough below a reasonable standard, make an official complaint to ATOS, and consider if it's reasonable reporting the person that did it to their professional body.

Saetana

I've already got a copy of the ATOS report. On the day we went they were short staffed and we were rushed through the interview, didn't get a chance to say everything and she didn't even put that he has a hernia on the form, there are also other inaccuracies.

Does anyone have a link for the online GL24 form please? According to the woman I just spoke to in the ESA department there is no such online form and I cannot find anything on GOV.UK. She is sending me one in the post but there is a lot to say and it would be easier to fill it out online and print it. She was singularly unhelpful to be honest.

rogerblack

Saetana wrote: »

Does anyone have a link for the online GL24 form please? According to the woman I just spoke to in the ESA department there is no such online form and I cannot find anything on GOV.UK. She is sending me one in the post but there is a lot to say and it would be easier to fill it out online and print it. She was singularly unhelpful to be honest.

The GL24 isn't actually required.
You simply have to state enough information to identify you, the decision being appealed against, and the reason why you're appealing.
This can be done on a letter just as well.
(but it cannot be done over the phone)

Saetana

Thanks to everyone who helped, I've now found a support form for pancreatitis sufferers, the web address is below for anyone else who needs help with this disease - they are very helpful and have lots of personal experience with the different types of pancreatitis, as well as experience of ESA claims in this area:

http://pancreatitis.org.uk/

MUMZ2BEE

Saetana wrote: »

Thanks very much for your help, I plan to ring the DWP on his behalf today and will acquire the online version of the GL24 form as I find its an easy way to keep a copy of what I've written (I fill out all the forms as my husband is mildly dyslexic). The main problem with the ATOS assessment is that it is not at all suitable for people who are sick rather than disabled - they gave him 6 points for the osteoarthritis but that was never the main problem. We also intend to go to Citizens Advice for assistance as well as I understand they can help with representation at appeals if necessary.

I find it staggering that they never contacted my husband's GP for any information - he suffers with 7 different medical conditions, its a complex case, they would also have got details of all the specialists he has seen and maybe wouldn't have had to cause him pain yanking his legs about to see how bad his knees were. She also (a nurse when we really needed a doctor) had him standing waving his arms about, despite the fact we said he had no problems with upper body movement on the form. It seemed a pointless waste of time and I really wish we had recorded the interview as she misrepresented what he said on more than one occasion and almost totally ignored the main problem of chronic pancreatitis. I don't know why I'm surprised, I've heard so many cases of people being wrongly turned down and know two people personally to whom this has happened.

Not sure whether to contact our MP or not as well, they really need to do something about this test as its not fit for purpose, end of.

I understand how frustrated you are with ATOS.

I too had to fill in the WCA questionnaire; ATOS failed to contact my gp before calling me for my medical which is this week ::++((

I too have 3 medical conditions, the most worst one of mine is I suffer from depression; I am under care of MIND, but I am waiting for an outpatient appointment with adult mental health, which never seems to materialise!!

I've got so much stress going on at the moment I just dont know how I will cope during my medical, and going to this is the last thing I need right now, but good luck with your case!!

Saetana

Apparently ATOS rarely, if ever, get medical reports prior to assessment, the onus is on the client to pay for any reports themselves. We now have to pay our doctor to write a report and for a copy of his medical records. I fail to understand why, in these days of computerised records, they could not, for example, have looked at the report from the specialist MATS team who diagnosed my husband's osteoarthritis. No, instead they had him lying on a couch whilst they yanked his legs about only to come up with the exact same conclusion as the specialist team, except without the detail. What a waste of time and money. And as for his CP, I'm not sure how exactly the assessment is supposed to detect that, its an internal problem rather than a visible one.

@MUMZ2BEE - you need to get someone to go with you to the "medical", a support worker if you have one, or at the minimum a friend or relative. I was thinking about recording the assessment and I really wish we had as the ATOS report is littered with inaccuracies and a few outright lies! Good luck with your assessment.

vulcan1964

or you can use a FREE professional service like the CAB and not line Mr Lindens pockets.

"Details of particular options, the price of each and arrangements for payment are contained on the Quote Calculator page of this website or are as otherwise notified to you in writing".

Dont you feel embarrassed feading of the sick,neady and disabled?