ESA Medical 6 Point.. please help

[johnvernon74]

Hi folks,

 

My partner and I both disabled, with lifelong critical medical conditions (not in dispute).

 

Partner claims for ESA for himself and me as his dependent.

 

ATOS give partner 6 points for movement and 0 for mental health or anything.

 

Im going to appeal there decision today, and ask to go back to Assessment stage while appeal takes place.

 

Does anyone know what rate we will get? Do disabled premiums get paid as well during this period.

 

Any help, including how to start an appeal greatfully appreciated.

 

 

JV

[honeybee13]

Hello there.

 

I believe you will be on the Assessment Rate of ESA. I'm not sure about the disabled premiums, but the guys should be able to help you, they're pretty good.

 

Here's a link to the forum sticky about appeals and tribunals. Again, some of the guys have written appeals lately. I haven't and my DWP reconsideration was turned down, which is why I ended up at a tribunal. You need a form GL24, which you can download online, or the DWP should have or will send you one.

 

Have you got a copy of the Atos report? In order to fight this, you need to know what they said and what they missed or misunderstood.

 

My best, HB

[Nystagmite]

There's not the £30 disability premium within ESA. There is the severe and enhanced disability premium. You'll be paid at the rate you received before your partner had the medical.

[johnvernon74]

Hello there.

 

I believe you will be on the Assessment Rate of ESA. I'm not sure about the disabled premiums, but the guys should be able to help you, they're pretty good.

 

Here's a link to the forum sticky about appeals and tribunals. Again, some of the guys have written appeals lately. I haven't and my DWP reconsideration was turned down, which is why I ended up at a tribunal. You need a form GL24, which you can download online, or the DWP should have or will send you one.

 

Have you got a copy of the Atos report? In order to fight this, you need to know what they said and what they missed or misunderstood.

 

My best, HB

 

Morning HB,

 

Thanks for your reply. I do not have a copy of the ATOS report as yet but I will be requesting everything thos morning. This system that the DWP have now introduced is both unfair and wrong. My partner was assessed in Dec 2012 and passed the ATOS assessment and put in the Working Group. As we had a change in circumstances (ie.. I finished working) and was added to his claim they asked him to do another ATOS assessment.

 

Having spoke to ESA yesterday it woud appear that no information was forthcoming from doctor and they never approached consultant when they have previously. Im going to send appeal by fax now and request all reports and find out what decision was based on.

 

Keep you all updated

[honeybee13]

Good move, John. By all means keep us updated, you'll probably have questions on various points and you probably won't like what the Atos report says. But that's the basis of your argument to get what you're entitled to.

 

My best, HB

[johnvernon74]

Just an update folks, I received a telephone from DWP back in July who asked if we wanted to supply any further information. I said that I had requested a SAR and when I received that I would make a decision on my partners behalf.

 

SAR arrived and its unbelievable that the DWP and ATOS dont listen to doctors letters.

 

Anyway never got round to submitting further information for appeal. A letter arrived last week stating they had decided that my partner now scores over 15 points and therefore the appeal would not proceed.

 

In my opinion this is what they will do will a lot of people. Anyway partner and I are ok. (for now)

[RaeUK]

Glad you got a result. Congratulations!

[honeybee13]

Hello John. I'm really pleased for you and your partner and well done for persevering against the odds. I know how it feels.

 

And thank you for letting us know how you got on.

 

My best, HB