Atos medical so late I won't get back payment.

monty-doggy

Hello I've been on esa for about 18 weeks. I'm pregnant and due in 9 weeks.
I've been told after 13 weeks my money goes up to £108 a week from £72 but I have to have the atos medical first, then the difference will be backdated.

Today I rang dwp to see when my medical will be and they just said atos are running behind. They also told me if I cancel my claim and change to maternity allowance before the medical I won't get back paid the difference between £72 and £108.

Surely this can't be right? It's not my fault they are running behind and I'll have no choice but to move onto maternity allowance!

Murphybear

Sorry I dont know about maternity allowance but can confirm just how far behind Atos medicals are. I sent my form in July 2013 and have only just been called for the WCA.

monty-doggy

It's really unfair!

TELLIT01

You are assuming that the ATOS decision would have gone in your favour, and that is by no means a certainty. I agree that it's unfair that the assessment is taking more than 13 weeks, but simply having a sick note from your GP is no guarantee that you would be found unfit for work at the ATOS assessment.
Bear in mind that the assessment for ESA is to find out what you are fit to do, not what you are unable to do.

rogerblack

monty-doggy wrote: »

Surely this can't be right? It's not my fault they are running behind and I'll have no choice but to move onto maternity allowance!

My understanding is that you can claim MA alongside ESA - your ESA will be reduced or eliminated, but you still have a live ESA claim.

Is your disability an ongoing one - or have you improved?

help4help2013

that's ATOS for you

monty-doggy

My illness is ongoing. I'm suffering from surgery after a car accident where my foot was shattered which in turn is causing me anxiety. I'm sure once I've had the baby I can start physio again to try and help my foot.

monty-doggy

keitht53 wrote: »

You are assuming that the ATOS decision would have gone in your favour, and that is by no means a certainty. I agree that it's unfair that the assessment is taking more than 13 weeks, but simply having a sick note from your GP is no guarantee that you would be found unfit for work at the ATOS assessment.
Bear in mind that the assessment for ESA is to find out what you are fit to do, not what you are unable to do.

Pregnancy is an automatic grant to the support group, if you are due in 6 weeks or less or if working would cause risk to the unborn baby, which is the case with my situation.

rogerblack

monty-doggy wrote: »

Pregnancy is an automatic grant to the support group, if you are due in 6 weeks or less or if working would cause risk to the unborn baby, which is the case with my situation.

The work-related, not support groups.
And in this case, assessment is irrelevant.
Send in - before your 6th week to ESA a note requesting you be placed in the work-related group due to your pregnancy being within 6 weeks of the due date.
If this is not granted, put in a reconsideration as it's an error of law for them not to do so - in this case the assessment is quite irrelevant.

monty-doggy

Thank you, that's good advice, I will do that.

monty-doggy

Hello just an update, I sent a note and today I received back payment and have been put into the support group