Failed Atos Medical, will claimant still get Assessment rate?

bery_451

Hi,

If a claimant fails ATOS medical assessment will he/she still get the assessment rate till the final decision at the tribunal after appeal?

To still get assessment rate does the claimant still have to send in sick notes after failed assessment?

ukmike

Yes to both questions!

pmlindyloo

ukmike wrote: »

Yes to both questions!

But, before you go to appeal please note that you have to ask for a reconsideration first, during which you do not receive any ESA and would have to apply for JSA instead whilst waiting for the results of the reconsideration.


Edit: Mandatory reconsideration only applies to decisions made on or after 28 October 2013.

bery_451

pmlindyloo wrote: »

But, before you go to appeal please note that you have to ask for a reconsideration first, during which you do not receive any ESA and would have to apply for JSA instead whilst waiting for the results of the reconsideration.


Edit: Mandatory reconsideration only applies to decisions made on or after 28 October 2013.

Ok so the new rules apply after 28th october 2013.

So that means even after failing medical assessment the claimant cannot continue getting assessment rate even though he/she still send in sick notes? So theres no point of requesting a sick note off the GP as the claimant has to claim JSA?

pmlindyloo

bery_451 wrote: »

Ok so the new rules apply after 28th october 2013.

So that means even after failing medical assessment the claimant cannot continue getting assessment rate even though he/she still send in sick notes? So theres no point of requesting a sick note off the GP as the claimant has to claim JSA?

There's a very good explanation here:


http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

Morlock

bery_451 wrote: »

So that means even after failing medical assessment the claimant cannot continue getting assessment rate...

That is correct, because the immediate right of appeal has been revoked before a mandatory reconsideration.

The claimant will not receive any ESA payments during the reconsideration stage. Only after the reconsideration is concluded can the claimant then appeal, at which point, the appeal rate should be paid (essentially the same as the assessment rate).

bery_451

pmlindyloo wrote: »

There's a very good explanation here:


http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

It says on that website that DWP has no time limit for mandatory reconsiderations. So that means DWP can take as long as they want which means more inconvinience to the claimant if DWP does not reconsider the decision thus delaying the appeals process more.

So that means If Mandatory Reconsideration takes 11 months that means claimant wont get any benefit for 11 months? Not even esa related assessment rate or hardship rate?

pmlindyloo

bery_451 wrote: »

It says on that website that DWP has no time limit for mandatory reconsiderations. So that means DWP can take as long as they want which means more inconvinience to the claimant if DWP does not reconsider the decision thus delaying the appeals process more.

So that means If Mandatory Reconsideration takes 11 months that means claimant wont get any benefit for 11 months? Not even esa related assessment rate or hardship rate?

Although there is no time limit for reconsiderations it is expected that they should take no more than 4 weeks.


However, the claimant should claim JSA as the money would be exactly the same as the assessment rate of ESA.


There has been a lot of discussion about this and Job Centre Plus should be aware that claimants in this position should be treated with due regard to their difficulties and their Job Seekers agreement should reflect this.


The upshot is that there is no alternative benefit to claim.

Indie_Kid

Many won't get JSA because they're unfit for work.

pmlindyloo

sh1305 wrote: »

Many won't get JSA because they're unfit for work.

Obviously this is something that many people fear.


However, there are lots of organisations championing the people who find themselves in this situation.


I have found this - Freedom of Information request - which covers the dilemma.


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/209721/foi-1991-2013.pdf


The answers to question 5,6 and 7 are particularly relevant.

rogerblack

sh1305 wrote: »

Many won't get JSA because they're unfit for work.

It's not as simple as that.
http://forums.moneysavingexpert.com/showpost.php?p=63240852&postcount=71

In some cases, if everyone does everything properly, the person may be entitled to hardship JSA - that is assuming that they fail to comply with the JSA requirements and are sanctioned.

There is no actual requirement not to meet the tests for ESA - if you're claiming JSA.