The first thing you need to do now is thoroughly complete your ESA50 (assuming you've received it). In the sticky section is the first part of a guide on how to fill it in (second section to follow soon) - hopefully you can get someone to help you. Of course better than using the guide is if you can get a benefits adviser from a CAB or welfare rights to help you. Some will have home visits workers who can come to you. You will not need to send any medical evidence at this point, so don't worry. In your situation, the ESA50 is the most important thing. With the changeover to ESA, some people with lifelong conditions with a well completed ESA50 are being put straight into the ESA support group without having to go to a medical. You should also immediately register with a new GP, if you are no longer in the area covered by your old GP. Your new address will be on any paperwork that is sent to request evidence from your GP, and I have known a couple of people have their old GP refuse to complete the paperwork as they're no longer covered by the surgery. Of course if you're still within the catchment of the old GP, then it doesn't matter, you can stick with them for the time being. Your old records are computerised, and will be transferred a few weeks after you register with the new GP. You should also book an appointment with the new GP ASAP after registering and speak with them about your issues and that they may need to complete some information for the DWP. You have 6 weeks to complete an ESA50, so there is no hurry to get it done straight away - time to register with the new GP first, if needed. All of the info about your condition will be on your medical records, but given the severity of your condition, it is less likely you will have to provide any evidence. Please don't worry, we're here to help if you have ongoing questions.

There is no special group - they mean the support group. Though you are special in not needing a WCA. No, once you're in the support group, you don't need to submit any med certs. And for anyone who reads this thread who's wondering about a letter saying you don't need a WCA - this means that your ESA50 has been sufficient to find you not capable of work, and you will be put in the support group - though still send in med certs until the DWP have contacted you either by phone or in writing, as it takes time for the paperwork to get from ATOS to the DWP. Atos have a financial incentive to do the WCA's, so the only reason you don't get one is if you automatically qualify. Most people automatically qualifying lately, appear to be those transferring from incap to ESA with well established, long term conditions - probably where a previous assessment has stated little chance of improvement. Though there are a few new ESA claimants who will bypass the WCA for other reasons.

Sorry, I didn't mean to come over harsh! Just trying to get the message across. Sorry if I went overboard.

Assuming its ESA you're claiming, your payments should resume soon after your appeal form is received. It is difficult to know whether you have a chance of winning, it depends on so many things, like how well you can show the ATOS assessment did not adequestely assess you, what medical evidence you can collect and how well it relates to the descriptors you meet - indeed whether you actually meet enough descriptors to score 15 points or meet the exceptional circumstances criteria. Also how consistent you have been through ESA50, ATOS assessment and Tribunal, and whether you do well at presenting your case on the day, and how receptive the Tribunal are on the day. Without more info, its impossible to say - all we can say is we're here to help.

You say you've read everything on the appeals process, but part of the appeals process is knowing how to present the information to win your case. The desired outcome of your appeal should be to be found to have limited capability for work, not to get a new WCA. The DWP have made their decision - and this is NOT to give you a new WCA and to uphold their original decision - this is what you are appealing. Trying to get the DWP to change their decision at this stage is pointless. They do reassess some just prior to Tribunal, and the best chance of having the decision overturned is to make a strong submission of your own, making it clear to anyone who reads it that you are unfit for work. Your case is not simple. Cluster headaches are a bit like backpain or fibromyalgia, in that it is a diagnosis treated with scepticism by the DWP - in all probability it is your diagnosis that is interfering with any decision change. Even at Tribunal you will need to go armed with evidence and studies of the severity of cluster headaches in sufferers and the symptoms they cause. The best way to get the desired outcome is to stop focusing wholly on your ATOS experience. This can only be part of what you present, in writing, to the Tribunal. Your submission should consist of: Introduction - a short statement of what you're appealing. A paragraph stating the history of your condition and medications, including side effects (up to and including the date of ATOS assessment, but not since) A paragraph stating what medical evidence you are offering (including any studies or writings on the effects of cluster headaches on activities referred to in the descriptors. Point by point statements of exactly what was wrong with your ATOS report - your complaint and correspondance should be reffered to here. Then a statement each for each relevant descriptor you feel you meet, and why - ie what about your condition causes you to meet this descriptor, and examples from your daily life to show that you meet the descriptor. Making sure to state the descriptor and underline it at the beginning and give the points score at the end. Also include any support group descriptors. A paraghraph about whether you meet the exceptional circumstances if applicable to you. A closing paragraph respectfully requesting you be found to have limited capability for work or work related activity.

Your best course of action is to forward with the tribunal and present all your evidence there. You will also need to write a good submission (statement of your case) pointing out all the things Atos did wrong and the errors in the report. Their letter stating that they now feel you're unfit to work will be pretty damning. Even so, the Tribunal will also independantly assess whether you score enough points to be found to have limited capability for work, so you will also need to state in your submission exactly which points you think you should score, and justify why. Have you looked at honeybee's sticky on appeals? It has lots of good information. A new guide on the ESA50 that's been posted may also give you some insight into how to look at each descriptor and what info to give. Although you're not completing the form, now, the principle on the information you need to get across at Tribunal is the same.

The site team have given permission for the first part of the ESA50 guide that has been written with the help of Honeybee13, to be posted, and it is attached in a word document to this post. Second part (mental health) to follow soon. Hope this can help some people to complete the forms. I've included a copy of an online version of the ESA50 form for reference. esa guide.doc ESA50 03 11 .pdf

Indeed, human rights should be automatic, but too often people have to go through a long difficult process in order to claim them.

I understand what you're saying, but the human rights convention is specific, and I seem to remember a woman losing a case recently requiring her council to provide night time care to use the commode, so she didn't have to be incontinent. I'm not saying its right, but at the moment this is the law we have to work with. There is no right to dignity (although this is a consideration within article 3), and I doubt the ESA system would meet the definition for article 3 - torture, for most people - though the repeated, close assessments and appeals may mean that some will have a case closer to the definition, and certainly for those on ESA plus DLA when the atos assessments start for DLA may, unless the system is drastically changed, be facing a situation where each year they fail an assessment for both ESA and DLA, have to be appeal both decisions, win, and then are immediately assessed again and then fail again and have to appeal - I believe this situation may meet the criteria for severe mental cruelty at the least, and so in some cases may come within the bounds of article 3. Article 14, discrimination, is a difficult one as it only applies to other rights in the convention, but I suppose if you could prove the ESA systematic and repeated assessments and appeals was at the level of torture, then article 14 would also have been contravened as well as the system applies to those with disabilities or ill health. It would take an expert in human rights law to make the case though, as it is not a typical one. But such a case would force the government to change the assessment process.

Your doctor may have stated you deteriorated, or as you passed the medical they felt you deteriorated. But if you were paid while waiting for the medical, then this is contrary to legislation and you were lucky that an error was made in your case.

Yes, that's right. You need to understand that the people that take your claim are not very well trained in benefit law - they don't need to be, they follow a script on a screen and only need basic knowledge. They don't make the decision on your claim, a separate decision maker does. When you do make your claim in September, just be insistent about them taking your claim, and any details will be sorted out by the decision maker. I am suspicious, as its not the first time I've heard of people being told this '6 months from appeal' story, and its not acceptable. If I were you, I'd consider putting in a complaint about being misadvised.

Everyone on incapacity benefit will be switched on to Employment Support Allowance. At some point, you will be contacted to be assessed - I have heard the first contacts have been by phone for some people, but it may not be the same for all people. You will be asked to complete a form called an ESA50, about your capabilities, and send it back. A decision will then be made as to whether you need an Atos assessment in person. some people with severe problems have bypassed the in person assessment and just been moved straight into ESA - but again this isn't the case for everyone. On incapacity benefit, high rate care component of DLA did make you exempt fom a medical, but that does not apply to ESA, so you will not be exempt on that basis. Unless your children are on incapacity benefit, the changes will not affect them. So in short, you don't have to do anything, just wait and eventually you will be contacted. If you do have to have an Atos assessment, request a home visit.

Which article of the European convention on Human Rights do you think is being contravened?

You were advised wrongly. Stating a loss of bladder control on the form does not exempt you from an assessment. Not having seen your form, but there are probably follow up questions that would need to be asked about amount of bladder emptying during loss of control, use of incontinence aids, lifestyle issues brought about by the bladder problems etc. And that's just the bladder issue. Do you have other health issues? These also need to be assessed. If you don't get a pass due to a condition or treatment that confers automatic limited capability for work related activity, then certainly as a new claimant, you would be subject to a full assessment. If you pass this assessment and are put in the support group with a condition that will not change long term, then dependant on the evidence offered on the next ESA50, there is a possibility you may not be called for assessment at that time. The majority of first time claimants have to attend an assessment. I'm also not sure what your adviser thinks will be acheived by asking for the names of those making these decisions in your case. If you had a condition that meant you should automatically get assessed as having limited capability for work related activity, or you have a condition such as major bilateral stroke requiring 24 hour care, then yes, a complaint about the person who made the wrong decision in putting you forward for the atos assessment would be warranted. Assessments are also not necessarily carried out by doctors, but by a pool of 'health care professionals'. If you have a condition that requires specific expertise, then a specially trained professional can be requested for the assessment. Otherwise you get just a bog standard assessor. And trust me, it being a doctor doesn't make them any more likely to pass you. What are you planning on doing with the name and qualifications of the person assessing you if you're told in advance?

Yes, unless your condition deteriorates or you have a new condition, you need to wait 6 months from the date on the letter telling you you'd failed your assessment.

Glad you got it sorted - sometimes it helps to know exactly what the criteria is and then talk the advisor through it like they've never heard of tax credits before.

I'm a bit rusty on tax credits, but the way I read it is that the last day of receipt of the SSP has to be within the last 8 weeks. If you applied for disability element before your last day of SSP, then this could be the sticking point. You also have to have provided details of the reduction in your income - have you given them your estimated income for the tax year yet? Hopefully someone will be able to give you a more definitive answer.

http://www.help.entitledto.co.uk/viewhelp.aspx?sid=29&helpfile=disabilityelement If you don't get DLA you either had to have 28 weeks of SSP and at least 1 day of ESA, OR if no ESA 20 weeks of SSP under the fast track rules. Since you were talking about needing to show reduced income - this is part of the fast track criteria.

Sounds good, Ian. Helps that the reports are computerised - no need to wait for your file to be shipped back from storage any more.

I take it you're trying to qualify under the fast track rules? Do you satisfy the work disadvantage test? This is the bit most people forget.

You should contact the DWP and ask for a written explanation of their decisions - detail the exact decision dates you want the explanations for. By law they have to explain how they come to their decisions if asked. Also if you are not happy with the decisions and disagree with the information they have recorded about your household income - ask for each decision to be reconsidered (in writing) provide information about what your exact income was for all of the weeks in question and provide any evidence of income. if they still don't change their decision then you can appeal. Often though, when a mistake has ben made, and the claimant sets out the correct income details for them, the decision is changed.

Hi Ian, yes you can request a copy of the previous report, however, it may take some time to get to you. I'm not sure if people have more trouble getting older reports, but even a recent report can take 1-4 weeks to arrive. Just to keep those who are waiting, updated, the first part of the ESA50 guide (physical health) has been written and will be passed to the site team for approval today. The second part (mental health section) should be ready in week or so.

Yes the ATOS report is the 'medical' report, though we try not to call it that here, as its certainly not a medical under any reasonable interpretation - as you've found out. Best to be somewhere away from people when you first read the report - loud expletives are a common side effect from the subject reading it. Even if the CAB wouldn't fax it, there would be nothing to stop you phoning the DWP and requesting the fax number, and then faxing it yourself from a faxing facility (or your own fax).

I assume that CAB have the same facility as our agency had, which is to be able to fax GL24's to the DWP. So I think you should be OK to wait until next Friday to get advice on what to write. Have you requested your ATOS report from the DWP yet? This will help you make your case to the Tribunal. Until then, you can only write general things on the GL24 anyway.

You do need to inform them you ave a partner, it is a notifiable change of circumstances. However, you won't be switched to income based ESA if you are on contribution based benefit. They do, however, have to enter your partner's details onto their computer system, and will need to take those details from you. And yes can withold payment until they get the info they want. I suggest you put in an official complaint about all this, detailing everything, which hopefully should get someone senior to look at the matter. Include copies of all of your med certs and proofs of postage and partner's details. Any monies will be backdated once the matter is sorted.