ESA Appeal Advice

[QuestUK]

Hello All, I have just received a letter from the DWP to say I have failed the ATOS medical. Even though I suffer from a severe form of Scoliosis I only scored 6 points. I am now considering appealing because there is no way I am capable of working. My query what is involved in the appeal? Do you send the medical certificate with the GL24 form or do you send the medical certificate seperately? Do you make the appeal by telephone? Once the appeal has been processed how long before you get paid? And, do you think is it advisable to request a written reasons why they arrived at their decision?

 

Any advice would be welcome

[DIZZYNITA]

Hello All, I have just received a letter from the DWP to say I have failed the ATOS medical. Even though I suffer from a severe form of Scoliosis I only scored 6 points. I am now considering appealing because there is no way I am capable of working. My query what is involved in the appeal? Do you send the medical certificate with the GL24 form or do you send the medical certificate seperately? Do you make the appeal by telephone? Once the appeal has been processed how long before you get paid? And, do you think is it advisable to request a written reasons why they arrived at their decision?

 

Any advice would be welcome

J

 

HI

According to Atos any certificates, doctors notes etc should be sent directly to DWP.

Complaints re failed assessments should be sent to DWP as they (their computer) is calculating the points.

Atos just do the assessments and their notes are sent to DWP.

I suggest you speak to your GP re certificates, but do make copies and post it recorded delivery.

[Crocdoc]

When appealing it is always wise to be represented by someone who has the relevant expertise such as Welfare Rights or CAB. However do not leave it to the last minute as they are up to their eyes in it. Secondly, also ask them to complete the GL24

[Nystagmite]

Appeal is either done on paper or oral. Oral is better - that way, they can see what you're like.

 

Asking for reasons why you were turned down will help you. I believe it also gives you an extra 2 weeks (so, 6 weeks in total) to submit your appeal.

[QuestUK]

Thank you all for the quick replys. You been very helpful. I just have a couple more questions. Is it best to claim ESA or JSA while waiting for you appeal? And, to claim ESA do I have contact the jobcentre again?

[Nottingham1989]

You will be on the assessment phase money during your appeal.

[leemack]

Make sue when you complete your GL24 (appeal form) that you state you want to claim ESA while appealing. Your ESA will then be put back into payment once your appeal is received.

[QuestUK]

Can someone please tell me what an esa 85 form is? And how do yo pbtain this form?

[honeybee13]

Hello there. Could you tell us a bit more about why you're asking please?

 

My best, HB

[honeybee13]

Hello again. In case it helps people trying to advise you, here's a link to your thread from yesterday, I think it is.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?315393-ESA-Appeal-Advice&p=3511565#post3511565

 

My best, HB

[QuestUK]

Ok, I failed my medical assesment. And I am going to appeal against the decision. Someone advised me that I should ask for a ESA 85 form. I have never heard of a esa 85 form. So if anybody knows of a 85 form I would be grateful if you can tell me where I can obtain one and describe the form to me.

[honeybee13]

Hello again. Having had a look around the internet, I think this is the form Atos fill in about you. It will form part of your appeal and when I needed to know what Atos said about me, I asked the DWP for a copy.

 

My best, HB

[QuestUK]

Thanks HB. Can I go to Jobcentre plus and ask for a copy? Or will I need to telephone?

[honeybee13]

I don't know, sorry. I wrote to the DWP.

 

Someone here should know.

 

My best, HB

[nebukhadnezzer]

An ESA85 is the report you get following your medical assessment. Call the DWP and request it. It should help in your appeal process

[Dilizjo]

You just have to phone the ESA and request a copy, thay have to send you one on request, mine came very quickly. Make sure you are sat down when you read it and with company so you can sound off at the contents.....

[ErikaPNP]

Just to make you aware that requesting your personal documents comes under section 7 of the Data Drotection Act. Though they may provide the report quickly in some cases, and may provide it if you asak over the phone, the law allows them up to 40 days to provide it from the receipt of a written request. You only have a month to get your appeal in from the date of the decision.

 

Do not delay in getting your appeal in. If it's getting close to a month and you still haven't received your report, get your appeal in. Also bear in mind that they will only re-start your payments once you have appealed and this will not be backdated to the date of the decision pending the appeal (it will however be backdated following a 'won' appeal). To appeal, use form GL24

You can extend the time limit for appealing by a further two weeks by asking for a written statement of reasons.

 

Threads merged