It should/might help if you can get a comprehensive letter from your GP that explains the basis of his advice and that spells out the risks of ignoring it - most people just have the "fit-note" which does say a great deal and are largely disregarded. Take a copy for the WCA and say you want it filed with their report (the HCP also has to log its receipt within the report) and send a copy yourself to your JC+ claims office - the one that handles your claim, pointing out it is for consideration when decision making.

These look like Daily Mail statistics although I am sure reported in good faith. I do not regard myself well enough qualified to act as an advisor, knowing only one case in detail (my own). Good luck nevertheless to whoever started the thread. It is of course better to supply to much rather than too little, so I would still be inclined to use whatever I could. This was also my solicitor's advice to me.

Mmmm. We seem to have an expert in our midst. My intention was to help whoever asked the original question, not argue with someone I have never met. All I can say it that the evidence that arose between my appeal and hearing WAS accepted. The TS explained that invariably they have to judge based on the balance of probabilities and accept that they may have more info than the DM had at the time. This would of course not be the case if the queue was not so long.

Technically correct as this is the point in time that is in dispute. However, no one can quite recreate the situation up to what might be close to a year previously, so anything relevant that has arisen in the meantime can help. The TS will accept the benefit of hindsight. They are usually realistic too, so if your condition has demonstably deteriorated whilst you have been waiting for a hearing, they are unlikely to be be pedantic and get into an arguement about exacly what point in time you moved from being fit to unfit for work.

Honeybvee13 is absolutely right - stay calm and rationale and put your case together step by step. I have had 3 successful appeals, none of which have required me to present to a tribunal as in each case the DWP case folded for various reasons in advance. The fact that Atos HCPs do not all stick to the WCA handbook offers the best basis for appeal - if the WCA was poorly conducted, almost certainly its conclusions will be deemed unsound. Challenging the assessment criteria within the WCA is a lot tougher. The genuinely most difficult areas for anyone to assess are being able to repeat a task and condition variability (having good & bad days) and as Atos HCPs hardly appear to bother exploring either, there is often a legitimate cause for appeal here too.

I too have come across the no-way-back to ESA problem, despite what your GP might say. The Govt's completely dishonest approach is that if you are fit to work (as by WCA) and you do not, it is your "choice" which means no benefits. There are some good websites to help anyone through the maze and hopefully a growing awareness of what is really going on. A few DWP Decision Makers (past or present) with a conscience and willingness to talk out loud would help a lot.

I have only ever claimed contribution-based ESA, so know nothing about income related opportunities. If you appeal and are successful, the shortfall in ESA payments will at least be backdated. If you do not appeal and accept the decision, you become unemployed and perhaps eligible for JSA. Not sure there is another option if you cannot work.