ESA award ending

Anchoress

Hi, I'm really starting to get in a very distressed state again as my ESA support group that I was awarded for two years ends in December. It's less than six months since my appeal was granted so I haven't had much respite from the worry.

I'm not sleeping well and can't face eating because of the stress, I'm not sure I can deal with going through all that again although I know I will have to when it comes down to it. I haven't been able to recover the ground I lost during the process so am really struggling day to day anyway and I don't want to be pushed further down as I'm very fragile mentally.

Are Atos very strict in terms of when you're reassessed i.e will I receive the forms by the date my award runs out. Is everyone reassessed by their due date?

Any insight would be appreciated.

Thanks.

nannytone_2

the prognosis date isnt an actual day. tey dont just stop paying you ESA.
you wont necessarily need a face to face assessment.

there really is no point inn getting stressed when you dont know what will happen with your claim

tumboodle

You will be asked to complete another ESA50 form which will be treated as a new claim (they don't concern themselves with what happened in the past as you may well have become better).

There is some controversy as to whether you should submit any evidence with the ESA50. You are not required to nor obliged as ATOS/DWP are supposed to gather the evidence on your behalf as they are doing with PIP applications currently.

epitome

You can phone ATOS and ask them if they have you down for reassessment 0800 2888777 option 3

Or you can phone ESA and ask them to look in screen 791 to see when you are due to be reassessed.

If you are due in December and you don't have an ESA50 you should phone ATOS to ask if one has been sent. And if they say it has been sent then phone ESA and ask for a duplicate to be sent and for anote to be entered that you called.

You should try to include any relevant evidence with your ESA50, you don't have to and you certainly should not delay returning the ESA50 while you wait to get the evidence. If you don't include evidence and later you have to ask for a reconsideration, then you will be running around for evidence, when you could have done it now.

tumboodle

epitome wrote: »

You should try to include any relevant evidence with your ESA50, you don't have to and you certainly should not delay returning the ESA50 while you wait to get the evidence. If you don't include evidence and later you have to ask for a reconsideration, then you will be running around for evidence, when you could have done it now.

I thought that the DWP/ATOS were duty bound to gather evidence in order to arrive at a sensible and well reasoned decision?
According to the ATOS handbook it makes it quite clear that they should gather the evidence on behalf of the claimant.

They did with me after they received the ESA50 back they contacted my GP for a report.

epitome

tumboodle wrote: »

I thought that the DWP/ATOS were duty bound to gather evidence in order to arrive at a sensible and well reasoned decision?
According to the ATOS handbook it makes it quite clear that they should gather the evidence on behalf of the claimant.

They did with me after they received the ESA50 back they contacted my GP for a report.

And what use would that knowledge be to you when you have failed your assessment and you find that ATOS only used your ESA50 and your interview as evidence, whilst you are no longer being paid ESA and you have asked for a reconsideration and you are only now asking your doctor for help with evidence?

tumboodle

epitome wrote: »

you are only now asking your doctor for help with evidence?

Surely what you should be doing is asking the DWP/ATOS why they hadn't sought additional evidence when their own instructions tell them that they should?

When you put an appeal in the onus is on you to 'prove' that the DWP are wrong. Before it gets to that stage of appealing it is up to the DWP to 'prove' that you don't have a valid claim? To do that they are obliged to seek evidence that in the long run may not be good for their case but excellent for yours?

The Atos Healthcare HCP must provide an opinion that is fully justified and evidence based..............
The HCP may request further medical evidence from a relevant Health Care Practitioner involved in the care of the claimant.

epitome

Again I say,
You have failed the assessment
you are NOT being paid, possibly for weeks or months
You are now trying to get help from your doctor.

What good will come from asking them "Hey, aren't ATOS supposed to get evidence from my doctor? Why didn't they do this?"
I can tell you, it won't make a jot of difference,
you will still be found fit for work
you will still be asking for a reconsideration
you will still be without payment
and it will be down to you to provide any evidence to support your argument.

So why not help yourself as early as possible and get all your evidence yourself and provide it with the ESA50 before the deadline. Or send away the completed ESA50 before the deadline and forward on your supporting evidence shortly afterwards?

tumboodle

epitome wrote: »

Again I say,
You have failed the assessment
you are NOT being paid, possibly for weeks or months
You are now trying to get help from your doctor.

What good will come from asking them "Hey, aren't ATOS supposed to get evidence from my doctor? Why didn't they do this?"
I can tell you, it won't make a jot of difference,
you will still be found fit for work
you will still be asking for a reconsideration
you will still be without payment
and it will be down to you to provide any evidence to support your argument.

So why not help yourself as early as possible and get all your evidence yourself and provide it with the ESA50 before the deadline. Or send away the completed ESA50 before the deadline and forward on your supporting evidence shortly afterwards?

I fully understand and appreciate what you are saying, but doing it that way and not holding the DWP/ATOS to account for their failure to make a decision that is fully justified and evidence based is not doing anybody any favours. You shouldn't just turn the other cheek and accept their failure to do their job properly. I would also be asking for a full report from the DWP how the decision came about and on what evidence it was based as well as asking them to explain how that evidence was used. You have to stand up and be counted and refuse to be maltreated.

epitome

Meanwhile you either starve to death or claim JSA.

Good advice.

Roger will know what ATOS are required and not required to do.

Anchoress

epitome wrote: »

You can phone ATOS and ask them if they have you down for reassessment 0800 2888777 option 3

Or you can phone ESA and ask them to look in screen 791 to see when you are due to be reassessed.

If you are due in December and you don't have an ESA50 you should phone ATOS to ask if one has been sent. And if they say it has been sent then phone ESA and ask for a duplicate to be sent and for anote to be entered that you called.

You should try to include any relevant evidence with your ESA50, you don't have to and you certainly should not delay returning the ESA50 while you wait to get the evidence. If you don't include evidence and later you have to ask for a reconsideration, then you will be running around for evidence, when you could have done it now.

Thanks Epitome that is very useful advice and I think it would be a good idea to check with ATOS if I am being reassessed in case the forms they send get lost in the post.

I will also be including evidence mainly from my GP as I will need a home assessment. My last two assessments and two tribunals were both held in my home as I'm not able to travel to the venues.

Am I right in thinking it's your birthday that triggers the reassesssments?