Atos assesment appeal - can I prepare myself?

tilly-roo

Hi all just a quick question

I have my Atos assessment tomorrow, on IB at the moment. Obviously I've heard lots of horror stories so am trying to best prepare myself for the worst possible scenario. Basically I am wondering if there is anything I can do ie forms I can fill in BEFORE I get a decision, that will speed up the appeal process - am I right in saying that you can claim income support whilst your case is looked at again? And if so would it be wise for me to get an application filled in and ready to send so that if I get a letter saying I failed the assessment I can send the application and appeal straight off? Sorry to sound stupid but I am pretty clueless about this, I don't even know where to start with the appeal process. I'm too worried to wait and see what information comes with the decision letter if I have failed it because obviously that will take even longer for my case to be looked at again.

I'd really appreciate any guidance, thanks so much in advance.

HB58

It could take some weeks to get a decision and there is a limited amount that you can do before that. You could look at the descriptors and decide which you think apply to you. I guess that you have already sent all available evidence in with your ESA50?

At the moment, you can claim assessment rate ESA if you have to appeal a decision not to award you the benefit. This is due to change in April but the legislation has not yet been passed relating to this.

tilly-roo

HB58 wrote: »

It could take some weeks to get a decision and there is a limited amount that you can do before that. You could look at the descriptors and decide which you think apply to you. I guess that you have already sent all available evidence in with your ESA50?

At the moment, you can claim assessment rate ESA if you have to appeal a decision not to award you the benefit. This is due to change in April but the legislation has not yet been passed relating to this.

Hi, thanks for your reply! I didn't get sent an ESA50, the health professional I saw today said that was most likely a clerical error and that I should have been sent one but she asked for all my medical evidence which I provided. One of the descriptors that awarded 15 points did apply to me and she focused very much on that descriptor, so hopefully on that descriptor alone I have passed the assessment but I am still preparing myself for the worst. I suppose the only thing I can do between now and getting the decision is to gather as much medical evidence as I can so that it's all in one place should I need to appeal? Do you know how it works exactly; do I just have to ask them to reconsider and I get given a tribunal date?

rogerblack

tilly-roo wrote: »

I suppose the only thing I can do between now and getting the decision is to gather as much medical evidence as I can so that it's all in one place should I need to appeal? Do you know how it works exactly; do I just have to ask them to reconsider and I get given a tribunal date?

As I understand it, the likely process is:
They send you a decision, with a note about the mandatory reconsideration process.
You request a appeal in writing.
The DWP considers your request, and if you have been found fit for work, you will not be paid during this reconsideration, which is not limited in the amount of time it takes.
Then if they do not reconsider, they will send a copy of their decision to the tribunals service.
Once your appeal has been submitted to the tribunal service, payments on appeal can resume.
Then you will wait several months.
If you have any evidence you can send now - before the decision - do so.

You may wish to phone them Monday, and ask for a copy of the medical report, to explain inaccuracies.