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Question about ATOS form and potential assessment

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  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    ATOS offer an opinion based on set questions , Medical evidence of disability trumps their uneducated and biased " opinions" every time which is why they are so keen to ignore it (the atos people i have dealt with were so completely dumb and stupid they didn't understand what was written on my mri scans or have any knowledge of the terminology used )any troubles go phone your local mp to complain and see how quickly ATOS jump into line as they have done with every one I have told to complain to their mp !
  • ps2659
    ps2659 Posts: 534 Forumite
    Part of the Furniture 100 Posts
    ps2659 wrote: »
    Family friend is at her wits end since going to an atos appointment just over a year ago and scoring no points then she wrote in to appeal and after a few weeks was reconsidered and placed in the wrag group she attended a work interview at the job centre and the guy told her to appeal the decision and they have reconsidered again placing her now in the support group.

    On the 10th of March 2013 I think she said she recieves a letter from atos to fill in a limited work capability questionaire then a week later she received a letter from the department for work and pensions to say we have looked again at our decision and will place you in the support group, does she need to fill in the atos questionaire now that she has been placed in the support group as it seems the decision was made by DWP after the letter from atos was sent out.
    Thank in advance for any help.

    Can anyone answer my question in the second paragraph please.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    ps2659 wrote: »
    Can anyone answer my question in the second paragraph please.

    Exactly this happened to my friend's son. We phoned ATOS and queried it, and were told categorically that he must complete and return the form, as if he failed to do so, his benefits would stop.

    Put simply, ATOS once the ATOS process is put in motion, it continues regardless of any separate decision that DWP may have made.

    What we did was to complete the new ESA50 with the same information provided on the previous one, attached a copy of the DWP decision, and also a letter from his GP confirming that his condition had not changed since he last completed the ESA50, and returned it to ATOS.

    We never heard anything further. That was almost a year ago and he has continued to remain in the support group.

    Hope this helps
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 27 March 2013 at 9:06AM
    Exactly this happened to my friend's son. We phoned ATOS and queried it, and were told categorically that he must complete and return the form, as if he failed to do so, his benefits would stop.

    Put simply, ATOS once the ATOS process is put in motion, it continues regardless of any separate decision that DWP may have made.

    What we did was to complete the new ESA50 with the same information provided on the previous one, attached a copy of the DWP decision, and also a letter from his GP confirming that his condition had not changed since he last completed the ESA50, and returned it to ATOS.

    We never heard anything further. That was almost a year ago and he has continued to remain in the support group.

    Hope this helps

    This is correct, and good advice.

    The decision to place her now in the Support Group is a decision based on her condition at the time of the original assessment, she still needs to be re-assessed regularly and her time for re-assessment is now.

    For the record. I have also witnessed a claimant win a tribunal into support group and 1 week later got an ESA50 sent out for the WRAG reassessment after 12 months prognosis of WRAG -having been on WRAG during appeal. 3 weeks later on processing the appeal win, the DM gave them a 3 month SG Prognosis, but inspite of this they still had to do the ESA50.
  • flight747
    flight747 Posts: 510 Forumite
    I thought the support group is a fixed three years without have to re-assessment ?
  • dibdabable
    dibdabable Posts: 290 Forumite
    No, you can be placed in the Support Group for a maximum of 3yrs, that doesn't mean you can't be reassessed within that time.
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