Appeal declined heading to Tribunal

[scarlett2411]

Hi There

 

Just a little note about me for 3 years have suffered with Chronic Pain of the lower back and neck heading into my wrists, i am on high quantities of morphine to balance the pain, I am under a pain clinic which i go regularly , and awaiting operations on my wrists. I worked up until a year ago @ at £20,000 a year job, i gave it up due to ill health this was accepted with myself and employer.

 

After a year of being on ESA assessment phase and having my ATOS medical which proved me healthy, on then appealing which again proved me healthy I now have to go to Tribunal, i understand that this is a common occurrence, but after receiving my appeal documentation back i feel as though they are going to say no at the tribunal, could anybody advise on timescale, whether i have to claim JSA or that they will keep me on the assessment phase, any help would be appreciated.

[honeybee13]

Hello and welcome to CAG.

 

My understanding is that you'll be on the assessment rate until the tribunal, but I hope one of the guys will confirm that.

 

Have you got a copy of what Atos said about you? You need to find all the flaws in this document, and there may be quite a few. Use those 'errors and omissions' as the basis of a document to send to the tribunal with your medical evidence.

 

Here's a link to the forum sticky which is based on my own tribunal submission.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information%281-Viewing%29-nbsp

 

As for timescale, it's usually many months. When did you hear that you'd failed the Atos assessment please?

 

My best, HB

[scarlett2411]

Hi HB

 

And thank you for replying, i received it through the post today 16th June it reads as though im complete storyteller and they seemed to have taken no notice of my Drs or hospital letters

 

Thanks

Claire

[honeybee13]

Hi HB

 

And thank you for replying, i received it through the post today 16th June it reads as though im complete storyteller and they seemed to have taken no notice of my Drs or hospital letters

 

Thanks

Claire

 

I'm not surprised, that's pretty normal.

 

What you need to do now is what I said earlier and use all their mistakes agains them. Go through the Atos report with a fine toothcomb and highlight or underline everything you disagree with, then slot it into the template letter in the sticky.

 

HB

[RaeUK]

scarlett, ATOS thinks everyone is a storyteller. When in actual fact it is them. I'm assuming you've sent in a GL24 form stating you wish to appeal to the tribunal. You will keep receiving ESA at the assessment rate until the tribunal - up to a year away - as long as you keep sending in (un)fit notes. As far as the tribunal is concerned, don't worry overly. As long as you can refute what ATOS have put then there is little problem. Make sure you send in copies of supporting evidence to the tribunal in good time ...

[scarlett2411]

Thanks, once ive gotten over the shock of the report im going to go through it , with a find tooth comb, all the covering letter states is that the tribunal service will be in touch , is it wise for me to call then if i can or wait to hear?

[abc123def]

No point calling them, they will send letters in good time.

[scarlett2411]

ok thank you

[dpick]

Just to agree with the above, I have a friend that failed the so-called atos assessment and got 0 points. She had to wait 11 months for her tribunal which lasted 30 minutes, 10 minute wait, 10 minute for the actual tribunal then 10 wait for result awarded 15 points and put into work group though at age 59 etc.

 

dpick