Help with checklist for first time ESA Appeal

[andrew44]

Hi,

 

My wife recently attended an ATOS medical assessment and has now received a letter saying she scored zero points. FYI, she has suffered from depression and related bouts of chronic fatigue for the last 5 years, so I'm puzzled to how you can one minute go from receiving benefit one minute, to scoring zero points the next .

 

From reading various posts I understand I need to submit the GL24 form for my wife within the allowed time period. Further to this I have some questions that I hope someone with experience can answer for me:

 

1. Do I need to request the ESA85 medical report before submitting the GL24, as this gives an extra two weeks to get the appeal in ?

 

2. If yes, should this be used to constructively dismiss the findings in terms of the scored points, as part of the "Reasons" section ?

 

3. Is the ESA85 also referred to as the "statement of reasons", or is this something else I should request ?

 

4. Do I need to obtain letters from her GP and Consultant for the GL24 submission or can these be sent after, assuming these may take some time to obtain ?

 

5. Do these medical letters need to be specifically written with the appeal in mind ? I.e. ask the Consultant to write a letter explaining why she cannot work or can they just be the regular letters he supplies to her GP ?

 

6. Do I need to state in the Reasons section that she wants the ESA benefit to be continued to be paid, whilst appealing or does this just happen as part of the process ?

 

Many Thanks

Andrew

[Nystagmite]

6. It needs to be requested and she needs to carry on sending in sick notes.

[andrew44]

6. It needs to be requested and she needs to carry on sending in sick notes.

 

She's not had a sick note in the last 5 years since being put on Incapacity Benefit (now ESA). Do you mean she needs to start getting these for the appeal period. Thanks btw

[lee100]

Hi,

 

Yes, your Wife will need to send in 'Fit Notes' from her GP.

[lee100]

All the supporting letters can be sent in at a later date.

 

First things first, download / print off the GL24 Appeal form here -

 

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

 

You don't need to wait for the ESA85 before you send it the Appeal. Best be ahead of the game.

 

On the GL24 form, you only need to state that you wish to appeal against the decision of finding your Wife 'fit for work', because --------- (state her health conditions), and that based on that they should continue paying assessment rate of ESA while you appeal.

 

You then have six+ months to gather letters / evidence, while you go through the ESA85 point by point.

[andrew44]

Thanks for the info. It makes sense to get the appeal in ASAP, especially as she can't get into to see her GP for 2 weeks anyway. Was just worried it was a one shot opportunity

[honeybee13]

Hello there.

 

In case it helps, my understanding is that the GL24 is for the DWP's decision maker [DM] who will look at the case again. They often uphold the decision, but some people here have had decisions overturned. Otherwise you're looking at a tribunal later this year, which is when you need all the evidence you can get your hands on.

 

My best, HB

[deMontfort]

I can't do this on my own. I've had a hard enough time organising a doctor's appointment to get a medical certificate each month and when it is late the money just stops and I get into a downward spiral. I didn't even know anything about ESA until some ladies from a local help group started to come to help me get straight with bills and washing up and stuff like that. I went to the assessment and thought the woman was taking everything in, she seemed very sympathetic, but I scored zero! I'm so scared. When I'm not weeping, I'm sleeping or walking about wondering in a sort of shocked stupor and what I was in the middle of doing. Everything takes a hundred times longer to do than it ever did before. I was so independent, before. It is really hard to ask anyone for help and I desperately need it. Everything is all tangled up. I just want to be left alone and didn't apply for benefits for years until I finally ran out of money and had my home repossessed. I feel like some kind of sponger but before all this I was a high-earner and paid my taxes and there I was thinking that the state provided a safety net, and it doesn't. The processes I have to deal with for the simplest things are beyond me. No one cares about trying to get me back on my feet and paying those desperately-needed taxes again. I can't see where this is leading. How much worse can things get?

[lee100]

I can't do this on my own. I've had a hard enough time organising a doctor's appointment to get a medical certificate each month and when it is late the money just stops and I get into a downward spiral. I didn't even know anything about ESA until some ladies from a local help group started to come to help me get straight with bills and washing up and stuff like that. I went to the assessment and thought the woman was taking everything in, she seemed very sympathetic, but I scored zero! I'm so scared. When I'm not weeping, I'm sleeping or walking about wondering in a sort of shocked stupor and what I was in the middle of doing. Everything takes a hundred times longer to do than it ever did before. I was so independent, before. It is really hard to ask anyone for help and I desperately need it. Everything is all tangled up. I just want to be left alone and didn't apply for benefits for years until I finally ran out of money and had my home repossessed. I feel like some kind of sponger but before all this I was a high-earner and paid my taxes and there I was thinking that the state provided a safety net, and it doesn't. The processes I have to deal with for the simplest things are beyond me. No one cares about trying to get me back on my feet and paying those desperately-needed taxes again. I can't see where this is leading. How much worse can things get?

 

Hi deMontfort.

 

You are not alone. 99% of people on here 'scored' nil points at their 'assessment.

 

Have you put in an Appeal?

 

If not, do this first. You can download the form here -

 

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

 

Secondly, there is then a helpful thread re the Appeal process here -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(1-Viewing)-nbsp

 

Thirdly, I'd respectfully suggest starting a new thread, and using paragraphs so that people can find and read your post more easily.

 

Seek support and representation for your Appeal via your CAB.

 

About 60 - 70% of people WIN their Appeals with representation.

 

Good Luck.

 

[Lilly_Monroe]

Hi deMontfort.

 

You are not alone. 99% of people on here 'scored' nil points at their 'assessment.

 

Have you put in an Appeal?

 

If not, do this first. You can download the form here -

 

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

 

Secondly, there is then a helpful thread re the Appeal process here -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(1-Viewing)-nbsp

 

Thirdly, I'd respectfully suggest starting a new thread, and using paragraphs so that people can find and read your post more easily.

 

Seek support and representation for your Appeal via your CAB.

 

About 60 - 70% of people WIN their Appeals with representation.

 

Good Luck.

 

 

These are the real facts that give me hope - I hope they help others.

 

Lilly

[sparky1966]

Hello there.

 

In case it helps, my understanding is that the GL24 is for the DWP's decision maker [DM] who will look at the case again. They often uphold the decision, but some people here have had decisions overturned. Otherwise you're looking at a tribunal later this year, which is when you need all the evidence you can get your hands on.

 

My best, HB

 

Hi all

 

Can i ask once you send in the gl24 how long does it take for the DM to make a decision and if they uphold it do you appeal again or what happens next im about to send in a gl24 so would like to be ahead here of them

[poollie1]

Hi all

 

Can i ask once you send in the gl24 how long does it take for the DM to make a decision and if they uphold it do you appeal again or what happens next im about to send in a gl24 so would like to be ahead here of them

 

It can take up to three months for the DM to come to a decsion, if the decsion is upheld you will receive a letter telling you of this fact and that your case has gone to appeal. At the moment because of the high backlog this process can take up to a year for the appeal to be heard. You will have to get fit notes from your GP to continue to be paid at the assessment rate of ESA currantly £67.50 a week, think that payment is about to rise come April. Hope this helps, good luck.

[cocoriver]

It can take up to three months for the DM to come to a decsion, if the decsion is upheld you will receive a letter telling you of this fact and that your case has gone to appeal. At the moment because of the high backlog this process can take up to a year for the appeal to be heard. You will have to get fit notes from your GP to continue to be paid at the assessment rate of ESA currantly £67.50 a week, think that payment is about to rise come April. Hope this helps, good luck.

 

Hi, just to point out, I have just been told by the DWP, The fact that I was awarded the 67.50, means the DM turned down my reassessment on GL24, and the DM decided to uphold the ATOS decision of a failed medical, and they auto pass your papers to the Tribunal, they in turn contact you with a date of the hearing.

 

My point here is, it took no time for the DM to make a decision, and they would not have awarded the 67.50 if they had not upheld the ATOS decision, they would have reinstated your original payment amount.

 

You can assume I believe if you only get the 67.50, they have upheld the ATOS medical, and your in the Tribunal phase, which can take months to get a date for the hearing.

[deMontfort]

I really appreciate your help. At the moment I give up at the slightest difficulty and I don't think I would have found these 'descriptors' had I even tried to look for them. It really isn't on expecting people to jump through all these hoops when they are not themselves. Take a deep breath - I'm going to take it really slowly.

[poollie1]

Hi, just to point out, I have just been told by the DWP, The fact that I was awarded the 67.50, means the DM turned down my reassessment on GL24, and the DM decided to uphold the ATOS decision of a failed medical, and they auto pass your papers to the Tribunal, they in turn contact you with a date of the hearing.

 

My point here is, it took no time for the DM to make a decision, and they would not have awarded the 67.50 if they had not upheld the ATOS decision, they would have reinstated your original payment amount.

 

You can assume I believe if you only get the 67.50, they have upheld the ATOS medical, and your in the Tribunal phase, which can take months to get a date for the hearing.

 

Yes what you are saying is correct cocoriver, the DM seems to come to a quicker decision if no points were awarded in the first place. My senorio is this, been placed in the WRAG group with 20 odd points ( sorry cant remember exactly how many) last October 2011....decided to ask the DM for a reconcideration to be placed into the Support Group.... still not heard anything 4 months later....Until yesterday another White Envelope dropped on my doormat containing yet another ESA50 form to fill in after only 4 Months, thats before a decision on the reconcideration I have asked for has been made....

[cocoriver]

Yes what you are saying is correct cocoriver, the DM seems to come to a quicker decision if no points were awarded in the first place. My senorio is this, been placed in the WRAG group with 20 odd points ( sorry cant remember exactly how many) last October 2011....decided to ask the DM for a reconcideration to be placed into the Support Group.... still not heard anything 4 months later....Until yesterday another White Envelope dropped on my doormat containing yet another ESA50 form to fill in after only 4 Months, thats before a decision on the reconcideration I have asked for has been made....

 

I have come to the conclusion, no one knows what they are doing at the DWP, I have read so many different accounts and stories on here, it seems to depend on who ever is looking at your case, the kinda day they are having, if there in a good and kind mood etc.

 

The person,who did my medical, I say person, because, Lady she was not!, was in a very bad mood, as soon as she walked up to me in the waiting area, the look she gave me said it all. She completely mis understood everything I said, and ignore my requests to use the Loo, and not to touch me as i was in pain. then I get O points, no surprise.

 

And it seems the DM just goes by her report, without looking at the medical evidence you send in, it's just shocking to me that they seem to send so many appeals to Tribunal, I see no point to the DM. The money this all costs going round, and round in the system, some people for a few years, not just months, total madness.

[deMontfort]

I finally got my appeal in. Thanks for your help. When I cross-referenced the Atos report with the DWP descriptors it turned out I was already allocated 12 points even though the cover note stated I had none!