ATOS Appointment & Appeal Advice Please

rogerblack

Jonj1611 wrote: »

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?

No, because at that point, it will not have been.
It will have been a few days since the decision, based on the ATOS report, by the DWP decisionmaker.
A new claim will not be paid.

Jonj1611

I always assumed it was from the time the first decision was made to turn me down?

Ok, and from what I understand, I ring up and appeal and is it that time period where you get no money? And then when they have made their decision, assuming turned down again I then appeal, and at that stage, the assessment rate is paid again?

Have I got this right? It's all getting a bit confusing.

Thanks

rogerblack

Jonj1611 wrote: »

I always assumed it was from the time the first decision was made to turn me down?

Ok, and from what I understand, I ring up and appeal and is it that time period where you get no money? And then when they have made their decision, assuming turned down again I then appeal, and at that stage, the assessment rate is paid again?

Have I got this right? It's all getting a bit confusing.

Thanks

If you were turned down - refused ESA - you would have not been being paid.
If you are found fit for work, then the process is you apply for a mandatory reconsideration to the DWP. During this period you are not paid, and can apply for JSA.
Once the mandatory reconsideration is completed - this can take several weeks, you get a mandatory reconsideration notice.
You send this off to the tribunals service, with the notice that you want to appeal.
They then send the DWP notice you are appealing.
At this point, you can notify the DWP you want to go back on ESA assessment rate, if you've claimed JSA, or I belive your ESA should restart otherwise at the assessment rate.

Jonj1611

Ok well I wont be going on JSA as I am unfit for work so to even claim JSa would indicate I am fit for work.

And yes I was originally turned down by the job centre and then had to await for the ATOS appointment, but dont forget the job centre are a joke this was almost a year ago, before they bought in that rule change about appealing etc.

Thanks for the clarifications, the ATOS appointment is tomorrow so will see what happens I guess, though I still dont know how a test that even MP's have said is not fit for purpose for people with depression can even go ahead but still

Thanks for the advice

rogerblack

Jonj1611 wrote: »

Ok well I wont be going on JSA as I am unfit for work so to even claim JSa would indicate I am fit for work.

This is not, legally the case.

Jonj1611

Yeah but you try telling them that, last time I had the ATOS appointment, bearing in mind this is my second go on the DWP merry-go-round, I did not know the process at all, so refused ATOS and was told I had to claim JSA, went down for JSA interview, and interviewer told me I was unfit for work, quite clearly he could see that and told me that I didn't have to claim JSA, of course no one does if they dont want to and to appeal the ESA and stay on that.

Of course things have changed now but one of the requirements of JSA is to be fit for work, trust me I am not fit for work, so I would be lying by saying that I was.

It's an incredibly difficult situation, I am a single parent also which makes things harder in terms of money.

rogerblack

Jonj1611 wrote: »

Of course things have changed now but one of the requirements of JSA is to be fit for work, trust me I am not fit for work, so I would be lying by saying that I was.

You are not qualified to assess your disability.
Nor is the jobcentre advisor.
You have been found fit (at this point).

The correct answer to 'Are you fit for work' is yes - because legally this has been found to be so.
They cannot refuse/sanction your claim unless and until you fail to comply with a jobseeking direction.
If you cannot comply with your JSA requirements due to illness, then you can apply for JSA hardship.

Jonj1611

Ah right, legally? My doctor says I am unfit for work, the councillors say I am unfit for work, the mental health unit says I am unfit for work.

But a 10 minute ATOS appointment says I am fit??

So your saying I should lie and say I am fit for work when I am not?

skintmacflint

Jonj1611 wrote: »

Ah right, legally? My doctor says I am unfit for work, the councillors say I am unfit for work, the mental health unit says I am unfit for work.

But a 10 minute ATOS appointment says I am fit??

So your saying I should lie and say I am fit for work when I am not?

You're not understanding what Roger is trying to explain. If you fail a work capability assessment at that point until the decision is overturned by either a Mandatory Reconsideration or Appeal then technically you've been declared fit to work. End of, it doesn't matter if the Queen says you're not fit to work.

The process as laid out is that until a MR is done , your only option if you require an interim income is to sign on for JSA and ask for reasonable adjustments to be made to your JSA, until the MR is completed. It's what everyone else also unfit to work , but declared fit to work by a WCA has to do in the short term if they can't survive without a payment.

It's entirely your choice whether you choose this route in the interim period or not.

If you don't want to sign on for JSA until the MR is done you'll need to do without the income for a period of time. I believe if you don't claim JSA then once you get to the appeal stage where you can ask for interim appeal ESA to be paid your missing payments will be backdated.

But I have no idea how long this all takes or what the process is for getting them backdated.So it's your choice on whether you do or don't if you fail this WCA. Maybe you won't this time.

Jonj1611

Thank you for your reply, I did understand what was being said, I just don't know how I am supposed to get in their and say I am fit for work when I am not that was all. Because I am not, no matter what that test says.

Well interview is tomorrow so will see what happens, ATOS and the job centre are a joke so will be interesting if nothing else.