No longer entitled to ESA??

[fdyrangr]

I went for my medical assessment with ATOS over 2 months ago. The woman kept me for 10 minutes and didn't ask me a single thing related to my capability to work. I am claiming for mental health difficulties. She hardly asked me anything related to my disability either, then told me after 10 mins that she had all the info she needed. I called DWP and requested a copy of the report but never received one.

 

Anyway today I received a letter saying that after the medical assessment it has been decided that I have no limited capability to work so am no longer entitled to ESA!! What?! On the 'written statement of reasons' it said that the decision has been worked out based on the questionnaire I filled out and the 10min appointment with ATOS. the boxes 'info from your doctor' and 'other info from you' were left unticked, so I am in the process of writing to them to tell them to contact my doctor for accurate info, to complain about the ATOS assessment and to supply them with more info.

 

My question is, is it okay to give them a 14 page rant of a letter? I just want to give them as much info as possible because they are absolutely wrong. It's ridiculous. Every reason they gave me for me not being entitled to it was wrong as the things they said do not apply to me do apply. They apply to the extent that they ruin every aspect of my life, in fact

 

Also, I know that you can appeal as well as request that the decision is reassessed. What is best to do, request that it is reassessed then appeal if a letter comes back with the same decision, just appeal without requesting that the decision is re-looked at, or submit an appeal and a request for the decision to be reassessed at the same time? Hmm...

[ErikaPNP]

Appeal it. When you appeal, they reconsider it as part of the appeals process anyway. Also, on appeal they reinstate your benefit at the assessment rate.

 

The 14 page letter is fine - attach it to your appeal. As long as it all contains facts to back up your claim, it's important. A rant won't help you nor hinder you - they are used to rants, but will take little heed of it unless it contains facts about your limited capability or it is in the form of a complaint against DWP, in which case they should respond to it as a complaint. Just be aware though that everything you send in relation your claim is also sent to the Tribunals Service if it goes on to tribunal. If the "rant" contains any threats (direct or indirect) then this will be taken further to establish if there is a potential risk to staff.

[antone]

My question is, is it okay to give them a 14 page rant of a letter? I just want to give them as much info as possible because they are absolutely wrong. It's ridiculous. Every reason they gave me for me not being entitled to it was wrong as the things they said do not apply to me do apply. They apply to the extent that they ruin every aspect of my life, in fact

 

Also, I know that you can appeal as well as request that the decision is reassessed. What is best to do, request that it is reassessed then appeal if a letter comes back with the same decision, just appeal without requesting that the decision is re-looked at, or submit an appeal and a request for the decision to be reassessed at the same time? Hmm...

 

The 14 page rant? Don't do it. At least, not at the same time as you appeal. If you want to make a complaint, send it to the Customer Services section and ideally, keep it clear and concise. The people who process your benefit (and are the first people to deal with the mail) don't have the power to change anything or even, necessarily, respond to your complaint.

 

If you feel your appeal must be very long, I'd put a summary on the front:

 

"This is an appeal against your decision of DD/MM/YYYY. I believe this decision is wrong because:

 

• Basic reason 1
  
• Basic reason 2
  
• ..."
  

You can then add the more detailed information.

 

That way, the processors can see it's an appeal, that it's valid and signed, and they can get your benefit back in payment. The appeals tribunal can consider all the details. Edit to add: The Decision Maker mentioned below should also consider these details.

 

As to your other question, a reconsideration is an automatic part of the appeals process. So submit an appeal as soon as possible - the DWP Decision Maker will look at your case for a reconsideration before it goes for a full appeal.