Appealling against ESA decission

bikkushii

Hello. I am here on behalf of my mother. She has been out of work for seven years now with severe back issues (the four lower disks in her spine are disintegrating) and depression. She is unable to work both physically and mentally. Sometimes she is so bad that a little housework will leave her bedridden for days and crying in pain because the medication she has been prescribed isn't working. Her depression has also lead to anxiety issues and now she struggles in social situations and will refuse to answer the door or phone if she doesn't know who it is or is not expecting anyone.

Well, long story short. She did her work capability questionnaire and assessment. She got her results back and received 0 points and her payments are to be cut off on the 6th May.

I told my mother to go to the doctor and get a report or something ... just to see what his opinion is. He was not surprised by the result and explained that not many people pass first time around. Whether this is a way to separate those who are genuine and faking, I don't know. He has agreed to write out an up-to-date sick note and a copy of her medical history. We are still waiting on him for that - he's on holiday until next week.

So, I am wondering what happens next. If her payments are to be cut on the 6th of May, what is she to pay bills with? Does she have to claim JSA or will she continue to get ESA? How can we find this out?

I am helping as much as I can but I'm not sure that even my wages will help her this month. We are already having to go weeks without food shopping and the youngest in our house is 13. Surely there is something we can do.

I am just not sure what to do. My mum doesn't help herself. She spends more time worrying about what is happening instead of trying to find a way out.

Help...

peanutbutter_cups

first ring dwp and ask for a copy of the atos report if you havnt allready got it.
also tell them you want to appeal the decision she should still then get the assessment rate untill this is sorted out.(unless this changed in april )
when you have the appeals stuff go through the atos report to find the lies that are on there(1 of mine was i cant go out without a friend been with me atos wrote this down as socializes with friends lol)
it will then be passed n to a dwp decision maker who looks to see if they agree with atos. if they do and they still find your mum fit for work you can request it to go to tribunal.
it can be a long process and there may be a stop of payments in the middle if the DM agrees with atos and you have to ask for tribunal.

peanutbutter_cups

oh and fit notes will have to be sent in all the way through xx

bikkushii

Thanks! We already have the atos report. I couldn't believe some of the things that was written. One written about my mum was that she is fully able to go and do gardening when my mum clearly told her that last time she did this, she was crawling and couldn't get up for days. How is this able to go and do gardening??
Does the atos report need to be sent off too? Should we highlight the things we disagree with or write it on a separate sheet?

peanutbutter_cups

i didnt send mine off as dwp have a copy on file anyway all i did was write a letter saying stuff like on page 6 atos said this but what i actualy said was this i went through the whole report and pointed out the stuff atos had lied about.
in the end i got 6 points from atos then the decision maker changed it to 9 so went to appeal and got 15 so got placed in wragg.

emmafifema

Am I right in thinking you can take a dictaphone to the assessments?

HB58

emmafifema wrote: »

Am I right in thinking you can take a dictaphone to the assessments?

You can record covertly but the HCP will stop the assessment and return your file to DWP if they find out.

Alternatively you can formally ask ATOS to record and they will give you a copy of the CD. Sometimes this happens OK, other times ATOS make an excuse to refuse.

emmafifema

OH ok, so I just ask them to record it when I get there or do I need to request in advance?

Horseunderwater

Request the recording of the WCA in advance otherwise they will not do it. I think they have to do it on a machine like the ones used in Police interviews so that 2 identical copies can be made at same time. Hence the facilities are not often available.

epitome

If you want an audio recorded WCA you should write two letters requesting this both sent recorded delivery (£1) and send one to ATOS and the other to DWP ESA, then phone to check about 8 - 9 days later that both are recorded on the computer as received.

If you already have a WCA appointment booked it may be too late to ask for it to be audio recorded, as it may have to be cancelled and then you will be opening up a whole new kettle of fish, and you may be classed as "failed to attend" if you don't go and then you will risk your claim being closed.