Esa Atos medical advice

Katie2014

Hi,

I have received a letter from telling me that I my esa has been stopped because Atos think I am fit to go to work. I am not and also going in for a minor op in the next couple of days and will need recovery time. What can I do as I they have twisted what I said to make out I am well because they just fired these questions at me and wrote that I am capable of going to work. I will have no money . I really cant work and need urgent advice as to what I can do, the process and timescales.

Very worried.

sportsarb

You can appeal the decision, that will get your money started again, although they are in the process of changing the appeals process so you are best ringing them to find out how to do that.

Will your hospital stay be as an outpatient or as an inpatient?

I think if it is as an inpatient you can be treated as having limited capability for work ie. they will put you in one of the groups but will restart the process again to have you reassessed.

None of the above is 100% but I don't work in those parts of the benefit.

pmlindyloo

Here is an overview of appealing ESA:

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

As part of this process you will have to ask for a reconsideration. This is mandatory. Depending on which part of the country you are in this can take anything from 2 weeks to longer.

During this time you will have to claim JSA. You have been found fit for work so you are eligible for JSA.

Once you have had your mandatory reconsideration then you can go to appeal. If they do not change their decision at this point you must ask to go back on ESA.

You are allowed two periods of 2 weeks sickness whilst on JSA so make an application and at your interview explain that you are appealing ESA and that you are going into hospital. You can then complete the appropriate form.

The decision letter should explain how to ask for a reconsideration/appeal.

Katie2014

pmlindyloo wrote: »

Here is an overview of appealing ESA:


As part of this process you will have to ask for a reconsideration. This is mandatory. Depending on which part of the country you are in this can take anything from 2 weeks to longer.

During this time you will have to claim JSA. You have been found fit for work so you are eligible for JSA.

Once you have had your mandatory reconsideration then you can go to appeal. If they do not change their decision at this point you must ask to go back on ESA.

You are allowed two periods of 2 weeks sickness whilst on JSA so make an application and at your interview explain that you are appealing ESA and that you are going into hospital. You can then complete the appropriate form.

The decision letter should explain how to ask for a reconsideration/appeal.

Who carries out the mandatory reconsideration? Who will actually phone and speak to you? The atos person just asked me questions and did not put the whole picture of my health situation, just bits that made me look i was fit for work. Can we actually see these notes? How does the atos /dwp process actually work.

help4help2013

that's typical of ATOS im afraid. the mandatory reconsideration is done by a DWP decision maker but there is no time scale for these as yet some are taking months i know of people who have had a phone call from a decision maker during the mandatory reconsideration process but this does not happen all the time though .

the DWP makes a decision based on the report from ATOS and also what you put down of the ESA questionnaire . if you feel you should be entitled to ESA the you need to appeal as other have advised but make sure you send in all relevant medical evidences ect to support you claim for the benefit

TELLIT01

Katie2014 wrote: »

Who carries out the mandatory reconsideration? Who will actually phone and speak to you? The atos person just asked me questions and did not put the whole picture of my health situation, just bits that made me look i was fit for work. Can we actually see these notes? How does the atos /dwp process actually work.

The Mandatory Reconsideration is done by DWP decision makers. They will call and speak to you precisely to determine if any information was missed by ATOS. You can certainly ask for a copy of the ATOS assessment.
What you do need to bear in mind is that ESA medical assessments are designed to find out what you CAN do, not what you can't. They aren't looking at whether you can do your old job, they are looking to see if you are capable of doing any job. For example, having a severe back problem might prevent somebody doing heavy manual work but it wouldn't stop them doing office work. Whether the individual would have the required skillset is not part of the assessment. That's why so many people find themselves being moved onto JSA.

JS477

I would also ask for a copy of the report atos sent to the DWP. Did you by any chance get the assessment audio recorded? atos try to come up with various excuses as to why they can't but it really does give the claimant extra protection from the underhand tactics of atos.

Katie2014

JS477 wrote: »

I would also ask for a copy of the report atos sent to the DWP. Did you by any chance get the assessment audio recorded? atos try to come up with various excuses as to why they can't but it really does give the claimant extra protection from the underhand tactics of atos.

No, I am new to this and have been working all my life. This is the first time I have had to claim any kind of benefits. I did not know you could tape it. What she did was to fire questions to me and was typing on the computer. The report focuses purely on what I can do when I am feeling well and does not take into account what I told her when I am really not well and cannot even get out of bed. So it is completely biased and they clearly have their own agenda. My situation has not changed since I put in the claim so what I don't get is how can they now completely take it away and leave me in limbo? What am i going to do whilst i have my op and then need to recover? I am not really able to work or available to work so how can I put in a claim for Jsa whilst I sort this mess out? What is the best way forward in this situation?

Vickimichelle

Will your GP support you? Having a supportive GP can make all the difference. I got put in the support group without a medical due to my GP.

QuackQuackOops

Katie2014 wrote: »

No, I am new to this and have been working all my life. This is the first time I have had to claim any kind of benefits. I did not know you could tape it. What she did was to fire questions to me and was typing on the computer. The report focuses purely on what I can do when I am feeling well and does not take into account what I told her when I am really not well and cannot even get out of bed. So it is completely biased and they clearly have their own agenda. My situation has not changed since I put in the claim so what I don't get is how can they now completely take it away and leave me in limbo? What am i going to do whilst i have my op and then need to recover? I am not really able to work or available to work so how can I put in a claim for Jsa whilst I sort this mess out? What is the best way forward in this situation?

If you read the thread again, you have been given advice on what to do.

1. Start the appeal process. Check the documentation that you have for the way to do this.
2. Make a claim for JSA.
3. Take sickness from JSA whilst you have you minor Op.
4. Remain on JSA until you get your appeal through.

pmlindyloo

QuackQuackOops wrote: »

If you read the thread again, you have been given advice on what to do.

1. Start the appeal process. Check the documentation that you have for the way to do this.
2. Make a claim for JSA.
3. Take sickness from JSA whilst you have you minor Op.
4. Remain on JSA until you get your appeal through.

Thank you for this reminder for the OP.

OP, you have no choice in this matter. It does not matter whether you feel you are unfit for work. You have been found fit for work - end of. You are appealing this, as is your right.

Job Centre Plus will have had lots of people who are in the same situation as you. You can ask to see a disability advisor. They should take your disabilities into account as regards your job seeker's agreement.

However, you can take time off because of your op and recovery time but you do need to apply for JSA.

I am presuming that you are single, have no children and are not a carer for someone. Please tell us if this is not correct.

You can go to CAB for help with your appeal especially since you say that you have a disability that fluctuates in its severity. These are usually difficult to document so CAB would be able to guide you with the right wording and extra evidence that you will need from doctors/other health workers.