ATOS Appeal

doris1420

Hi,
I recently had an ATOS Medical and was put in the Work group, I believe I should be in the Support group.
Had a Mandatory Reconsideration - still in Work Group.
I have now appealed against the decision.
I need some advice about the Appeal process, are there any specialists firms or agencies that undertake the Appeal process for claimants.
I have spoken to the CAB and have an appointment with them, but just wanted to check other options.
As regards submitting Medical Evidence, do you just rely on your GP's input or engage a "Specialist" to compile a report?
I had been on IB for over 20 years and have gone through the Appeal Process some 15 Years ago, but things have changed a bit since then.
Any guidance gratefully received
Thanks

Indie_Kid

Your GPs reports might be enough. Have you looked at the support group criteria? It's different to IB criteria.

pmlindyloo

Here are the support group descriptors

http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

nannytone_2

as above.
look at the descriptors and see where you think your support group claim fits.
ypu should then gather evidence to support your entitleent through that specific descriptor

doris1420

Hi,
Thanks for the replies.
Looking at the Support group descriptors, I feel I qualify for the Support group.
I have mobility problems after re constructive surgery on my ankle and foot, no "points" were awarded for this in the ATOS medical, this is my main point of appeal.

I was awarded 15 "Points" in the Physical Assessment section because I suffer from Epilepsy and have periods of Lost Consciousness.
I attended an interview with an Employment Advisor and was told I would not be required to attend the Job Club or any other interviews because of my Physical Assessment score.
So what happens if my Appeal fails and at the end of 365 days my ESA stops, do I claim JSA?
They have already told me that they will not be sending for any
job interviews because of my Physical Assessment score.
I will not be able to meet the JSA requirements of actively seeking Employment.
Or do I return to the Doctors for another "sick" note
Any information gratefully received.
Thanks

nannytone_2

if after 365 days you are still unfit for work, you would be assessed for income related ESA. any household income would be taken into consideration when deciding entitlement ( not including DLA/PIP)
you say you feel the mobility descriptor fits you because of an issue with your ankle ...
the DWP would consider if this could be eased using crutches or a manual wheelchair.
when you lose conciousness due to your epliepsu ... do you get a warning?

you scored 15 points .... this is the minimum required to be accepted for ESA.

some may be mandated for courses/work experience but many are just left alone until they near the time for being reassessed

pmlindyloo

If you do not meet the mobility descriptor for the support group (please take note of nannytone's point about aids) then it is possible that you could appeal under ESA regulation 35 - that not being in the support group would lead to substantial harm to you or someone else (ie because of your losing consciousness)

See here:

http://www.legislation.gov.uk/uksi/2008/794/regulation/35/made

However, you would need some support from a benefits specialist (CAB?) for help with this and your doctor/sepcialist would obviously have to give written evidence of this.

I don't know if anyone more experienced and with recent case law can help but my understanding is that reg 35 is only applied to work related activities that you would be expected to do in the WRAG group and not about attending employment.

Since you have already been made exempt from any work related activities in the WRAG group then this may not help your appeal.

Since the descriptors in the Support group are so 'tough' people have tried to use reg 35 to get into the support group. This is sometimes only because they would not be entitled to income based ESA after the year. If you are entitled to income based ESA then it may not be worth appealing in your circumstances.

You need to get some professional advice.