ESA50 submitted, ATOS said no WCA needed but do I have legal right to request one?

[nebukhadnezzer]

Further to my ESA50 submission I rec'd a letter from ATOS saying there is no need to attend a WCA. I have spoken to ATOS who told me they've sent their recommendation to the DWP. Ive spoken to the DWP and they know nothing as of yet.

 

My question is simple. If on the basis of the info they have rec'd from my GP etc can ATOS lawfully deny me the opportunity of a WCA? If the DWP Decision Maker turns me down without even attending a WCA is that lawful under ESA rules and can I lawfully request a WCA.

 

I'm getting quite suspicious about this. I suspect they've got a huge backlog and they're looking at so called weak cases and making a decision without a formal medical simply to save time and money. Is that lawful? If they do turn me down can I request a WCA and do they according to law have to grant me my request?

 

Many thanks, appreciated

[honeybee13]

Hello again.

 

I expect Leemack will be along later to comment for you.

 

I could be wrong, but I think you're approaching this from the wrong angle. I don't think they can turn you down for benefit [which I think is what you're asking] without seeing you. They can though, and we've seen it, decide you can have ESA without seeing you. People here have had appointments cancelled when they were on the way there, from memory.

 

Did Atos say it was their medical adviser who looked at your information, or did someone at the DWP maybe? Maybe someone could advise if the DWP have in-house medical advisers?

 

In your last thread, it was suggested you contact the DWP. I think only they can make the decision, Atos is contracted to do the 'medical' assessments that used to be done at the DWP's own centres.

 

When did you last speak to the DWP please?

 

My best, HB

[nebukhadnezzer]

Hi HB13

 

Sorry for being a pain

 

In the ATOS letter (dated 02/08/11) they stated that an ATOS 'medical advisor' had looked at my file and decided that I did not need to attend a medical even though one had been made for me (obviously they reversed the decision to bring me in for a WCA). They then said to expect a letter from my benefits office. I'm still waiting so I spoke to the DWP this morning who know nothing about this.

 

My concern is simple. Can they turn me down without a formal WCA and if they do turn me down for ESA do I have the legal right to demand one?

 

Very odd

 

Many thanks and apologies for being a PUTA

[nebukhadnezzer]

DWP just called and told me that i've been put in a 'special group' whatever that means. So they've awarded me ESA but do I still need to submit fit notes to the DWP?

 

many thanks anyone

[honeybee13]

Hello. The answer is with the DWP. Until they tell you or write, you don't know what your problem is, if there is one. In your place, I would just keep chasing the DWP.

 

I know it's easy for me to say, but I think you're tying yourself up in knots over the legal right to a WCA. We spend most of our time advising people who want to get out of them, so I'd be surprised if what you're suggesting is the case. Please try not to worry and maybe leemack will be along later with thoughts for you.

 

Just to repeat my question though, have you rung the DWP recently?

 

My best, HB

[nebukhadnezzer]

They've just rung me and told me ive been put in a 'special group' though i think she mean't the support group.

 

many thanks

 

will make a contribution when my upgraded ESA payments come through..it will only be a fiver or so cos that's all i can afford but you lot have been superb and i appreciate the time and effort

 

many thanks

[honeybee13]

There you go, excellent news.

 

The donation idea is very generous and will help CAG go on helping people like yourself. Don't forget where we are.

 

My best, HB

[nebukhadnezzer]

There you go, excellent news.

 

The donation idea is very generous and will help CAG go on helping people like yourself. Don't forget where we are.

 

My best, HB

 

 

hb

 

sorry about this but do I still have to submit fit notes?

 

thanks

[speedfreek]

I would just for continuity and piece of mind until you get the formal notification/award letters.

 

Once you have them in your hand (and they will tell you this) you will no longer be required to send in sick notes whilst you are in receipt ESA.

[leemack]

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.

Edited August 12, 2011 by leemack

[nebukhadnezzer]

sf

 

many thanks for that

[nebukhadnezzer]

lm

 

many thanks for that

 

appreciated

[nebukhadnezzer]

how do i make a contribution to CAG?

 

thanks

[maroondevo52]

how do i make a contribution to CAG?

 

thanks

 

Hi, If you 'hover' your cursor over the word contribution in your post above this, then click on the 'link' bottom right.

 

Many thanks for thinking about making a donation.

 

Regards.

 

Scott.

[nebukhadnezzer]

That's fine. Just been placed in ESA support group so will donate a fiver or tenner depending on cashflow when my full ESA comes through

 

many thanks to all on this site

 

no doubt i'll be back pretty soon!

 

take care guys and good luck