ATOS Appointment & Appeal Advice Please

Jonj1611

Hi,

I have been given a new ATOS appointment date for later this month, this will be my second time around with them, my doctor obviously says different to what their "test" says.

Anyway if its the same test as last time then I will be rejected for having depression, no surprises there.

But last time I did the appeals thing it was 2012, I believe things have changed now.

When I get my failure notice what do you have to do then? Is it true that you won't get any esa payments at all while the appeal process is going ahead?

Thank you

Indie_Kid

You won't get any money until the reconsideration has been done.

Jonj1611

How long on average is the reconsideration taking, does anyone know?

I am a single parent and obviously that money is a life saver, there is no way I can go back to JSA, I won't go into details but that's where it all started.

Horseunderwater

As I understand it, the mandatory reconsideration process can be anywhere upto 28 days or longer, so you might need to go on JSA for that time. JCP's are used to people having to do this, You ask to be put in touch with the disability advisor to talk about your problems seeking a job. Then you can make it clear to them what you cannot do.
However, you may score enough points to get straight into WRAG this time or even meet one of the Support group descriptors. Certainly lots more people seem to be going there now. Google ESA descriptors 2013 on & that should find latest ones.

atrixblue.-MFR-.

Jonj1611 wrote: »

Hi,

I have been given a new ATOS appointment date for later this month, this will be my second time around with them, my doctor obviously says different to what their "test" says.

Anyway if its the same test as last time then I will be rejected for having depression, no surprises there.

But last time I did the appeals thing it was 2012, I believe things have changed now.

When I get my failure notice what do you have to do then? Is it true that you won't get any esa payments at all while the appeal process is going ahead?

Thank you

Are you currently in receipt of assessment rate ESA?
if so then you will continue to get ESA payments until the time when the Atos assessment is handed to the DWP DM they then make their decision on your award to either place you in WRAG or Support Group or simply based on the assessment report cease your eligibility, you will receive a letter before your payment stops telling you the outcome and when your ESA will cease. but it doesn't usually happen this way and most of the time youll notice your payment has not been put into to your account and you have to ring them to find out why.


At such time your payment stops, and you ring the ESA customer line and they give you their explanation, you can request a call back by the department dealing with your case (well I say this but this may have changed since I dealt with anything like this so someone could update and clarify) you can then politely request that they take a look at the decision again (oral reconsideration) and give them more information that you may think aids in changing their decision (but this information must relate to the time in which you made your application to ESA any new developments are not considered but you could inform them of new developments to update your file), if then the oral request is not possible, then get writing a letter, head the letter to ESA as a GL24 appeal letter, don't make the letter emotional, just put key points as to why you believe your entitled to ESA and why the decision should be reconsiddered (it maybe worth googling for the ESA work capability descriptors handbook to refer to specific descriptors you believe (and maybe back up with medical evidence from letter you have from specialists GP etc to include in you GL24 letter) you match then add at the bottom of the letter if the decision not to award ESA at any level is made then you wish to proceed with a formal appeal and to pass the case over the tribunal services then send the letter to the ESA department, whilst waiting for them to receive and process the letter you may wish to make a hardship payment claim, when they receive and process your appeal letter, appeal rate ESA payments should then be made to you with the letter from the DWP confirming.

You may benefit from having a good read of the WCA (work capability assessment handbook) and its descriptors, before you attend the assessment, these are KEY medical Descriptors and amount of points that Atos award per descriptor you meet.
Please have someone to attend the assessment with you, they are not allowed to provide any information to the assessor about your condition, unless specifically the assessor asks them direct for more information regarding your condition. The person attending with you is your witness to the process and if any discrepancies in terms of the ESA assessment report turns up then you can have this witness attend the tribunal to back you up.


Take all your medicine with you with their information leaflets if you suffer with any of the side effects of these medicines, then highlight this with the assessor.


do not be afraid to express your darkest thoughts either, hiding symptoms of depression because you feel ashamed to talk about your mental health and the feelings and emotions that accompanies the condition only goes against you in these assessments.

tomtontom

Have you submitted supporting evidence from your GP, CPN, psychiatrist etc? Strong evidence often negates the need for a face to face assessment, if it demonstrates how you meet the descriptors.

Jonj1611

Hi,

Thanks for the replies, I am getting the ESA assessment rate and have done for about a year, I already went through an ATOS assessment before last year and even with letters from the doctor I still failed it.

This was before it was bought up by MP's etc that the assessment isn't fair to people on depression.

On looking at the descriptors, physically there is nothing wrong with me, but with depression their rarely is, however I have noticed 3 points that do affect me, 3 points that I never mentioned last time as I didn't want to come across as physically or verbally violent, I am none of those things but coping with change and the other two I do suffer with.

But is it enough to mention it, I won't go into details with the other two but coping with change for instance, I hate it, it makes me paranoid and wondering why there has been a change at all.

Even if I could get more evidence who would I submit it to and I doubt it would change that I still to go to the interview on the 22nd

I thought they did away with the GL24 letter and that you had to ask for the reconsideration?

Ok, for arguments sake, I fail again, you then ask for a reconsideration and in that time you don't get any payments, can you ask for hardship payments in that period? What happens when it is looked at again and if still declined, can you then put in an appeal to ESA and get the assessment rate again while on appeal?

Finally last time I had this interview was over a year ago, has the test changed at all since then with any more appropriate questions for depression/mental illness?

Thanks for your time

atrixblue.-MFR-.

Jonj1611 wrote: »

Hi,

Thanks for the replies, I am getting the ESA assessment rate and have done for about a year, I already went through an ATOS assessment before last year and even with letters from the doctor I still failed it.

This was before it was bought up by MP's etc that the assessment isn't fair to people on depression.

On looking at the descriptors, physically there is nothing wrong with me, but with depression their rarely is, however I have noticed 3 points that do affect me, 3 points that I never mentioned last time as I didn't want to come across as physically or verbally violent, I am none of those things but coping with change and the other two I do suffer with.

But is it enough to mention it, I won't go into details with the other two but coping with change for instance, I hate it, it makes me paranoid and wondering why there has been a change at all.Yes it is worth mentioning as they relate to the descriptors.

Even if I could get more evidence who would I submit it to and I doubt it would change that I still to go to the interview on the 22nd Any evidence to back yourself from specialists GP so on.. is better than them having just what you have put in your claim, and what you express verbally at assessment, you can take photo copies of such letters with on the day of assessment, but also send copies of them to your local ESA office (the address you can get off a award letter) with a covering letter to say that you wish to update your files with further evidence of your condition include ESA refrence number on the cover letter (this ref number should be on your ESA letters you've had form the DWP).

I thought they did away with the GL24 letter and that you had to ask for the reconsideration?

Ok, for arguments sake, I fail again, you then ask for a reconsideration and in that time you don't get any payments, can you ask for hardship payments in that period? What happens when it is looked at again and if still declined, can you then put in an appeal to ESA and get the assessment rate again while on appeal? If you "fail" and you can get a verbal reconsideration done over the phone then it wont go automatically to tribunal appeal they write and ask how you wish to proceed accept the decision or contact them to pass it onto tribunal services, if you write a letter of APPEAL they will first reconsider the decision just incase they have made an error and that the tribunal services get very twitchy with them for waisting their time when its passed to them, if they (the DWP) don't change the decision its automatically passed to the tribunal services who will then write to you. you will then get ESA APPEAL RATE.
Finally last time I had this interview was over a year ago, has the test changed at all since then with any more appropriate questions for depression/mental illness? If there is no amendmants to the current WCA handbook, then the descriptors and stance hasn't changed in their dealing and application of descriptors for metal illness.

Thanks for your time

Answers as I best I can in red in the quote.

Jonj1611

Thank you for taking the time to reply, I will write to my doctor now, trying to get something together.

Thanks.

Jonj1611

Hi,

Well I had my doctors note and sent it off but heard nothing so hey ho off to the ATOS appointment I go. Well on Tuesday next week.

However I wanted to ask something and I dont know with all the changes they brought in whether things are different.

The Atos test is not fit for purpose, I think most people know that, so I am hedging my bets on failing, rather than messing about appealing and waiting with no money while someone decides can't I just re-apply for ESA as its been over 6 months since the actual job centre turned down my claim?

Thanks

Jonj1611

Anyone know on that? Thank you.