Sorry! Posted before I saw your last post.... Yes, submit it with Limited Capability for Work Questionaire. Make sure you have a photocopy of it in case your friend still has to attend another medical (as is sometimes the case) then it can be presented to the examining Atos doctor. Sometimes the letter is enough, sometimes not...like many things depends whose dealing with it, if their knowledge of rules is up to par or they're so busy it gets overlooked. If a person has to undergo the test & is found fit for work or put in WRAG, you can ask DWP to review the decision & they may overturn it at that stage. Others have had to appeal then receive letters that the appeal is not necessary as decision has been overturned & claimant has been put into Support Group. Apologies for not being clearer on that earlier...The info is all out there but I wasn't allowed to put the links in for you.

Inmysparetime wrote: You're welcome! My son is disabled & I'm disgusted & saddened by what's been happening these past few years, so the more people that know about this the better. As far as I (& many others) are concerned, the whole ATOS/UNUM/ DWP scandal needs to have serious light shed on it by the media. People deserve the truth. instead of the propoganda they're being drip-fed. Propoganda that has resulted in an increase in disability hate crime. Jobcentre staff. I think a lot of them are also appalled at what's happening tbh& I'm glad you managed to speak with an understanding one.

abc123def wrote: Maybe no pressure at this stage but at some point the choice becomes work or be sanctioned & lose some of your ESA as Mandatory Work is now under way. If anyone should be in the Support Group please ask your GP to write a letter invoking regulations 29 & 35 to include with ESA50 or for appeals. Those regulations are there to protect against harm & imo, if more people had known about them considerable suffering could have been avoided & perhaps some lives could have been saved.

Sample letters from Black Triangle Campaign website: To whom it may concern Following this Work Capability Assessment I may be found fit for work or placed in the WRAG (work related activity group) In my opinion this will be contradiction of my own General Medical Practitioner’s knowledge of me over time, clinical assessment and medical certification. My General Medical Practitioner is the custodian of my primary medical record which has been accumulated during my lifetime in the UK My Past Medical History and current problems include: 1 2 3 4 5 I am of the opinion that exceptional circumstances Regulation 29 may apply: ‘Because of your physical or mental health condition or disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.’ Or with regard to the WRAG group decision that regulation 35 may apply: ‘Because of your physical or mental health condition or disability there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work-related activity.’ I am of the opinion that substantial risk exists because: Yours sincerely (Patient’s name) To whom it may concern I am this patient’s General Medical Practitioner and the custodian of the primary medical records they have accumulated during their lifetime in the UK. Following a recent Work Capability Assessment this patient, in contradiction of my own knowledge of the patient over time, clinical assessment and medical certification was found: fit for work or was deemed to have limited capability for work and was placed in the WRAG (Work Related Activity Group) The patient’s Past Medical History and current problems include: 1 2 3 4 5 Although this person has been deemed “fit for work” I am of the opinion that exceptional circumstances Regulation 29 applies: ‘Because of your physical or mental health condition or disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.’ Or With regard to the limited capability for work (WRAG Group decision) that regulation 35 applies: ‘Because of your physical or mental health condition or disability there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work-related activity.’ I am of this opinion because: I disagree with the outcome of your assessment and support my patient in their appeal against your decision. Yours sincerely On BT's website there are several articles on this campaign. If you find the one dated 16th November 2012 you'll find explanatory notes (as well as the above letters) for the GP & the claimant if you want to print them up.

Hi Inmysparetime. Just registered with CAG so my first post & hope it's of help to you & the person you're supporting. There are two regulations re; ESA fit for work tests that apply to your friend & many others being wrongly found fit for work. Regs 29 & 35: Apparently, as a newbie I can't post links yet but the info quotes are all here. From government website: Dr Stephen Carty is Medical Advisor to the Black Triangle Campaign, who along with DPAC (Disabled People Against Cuts) are campaigning a mass take-up of these regulations. Black Triangle sought Senior Counsel Statutory Interpretation of ESA regulatiuons 29 & 35: There are sample letters on BT's site that willing GP's can write for their patients either to send with ESA forms or for appeal purposes. Sounds like your friends GP would be willing to do this & I'm sure many others will do so considering the BMA has called for an immediate end to the WCA. Good luck! PS. As I can't post links I'll do another post with sample GP letters.