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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
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icon_post_target.gifI have sent in my esa50 five weeks ago.

Just got a call today from a witheld number.They were saying my name and asked if I was that person,

But the line was very poor I asked who they were but had to give up in the end as, The line was very poor.

Do ATOS ring you from a witheld number.Or am I stressing for nothing thanks for your help.:-)

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icon_post_target.gifI have sent in my esa50 five weeks ago.

Just got a call today from a witheld number.They were saying my name and asked if I was that person,

But the line was very poor I asked who they were but had to give up in the end as, The line was very poor.

Do ATOS ring you from a witheld number.Or am I stressing for nothing thanks for your help.:-)

 

Sounds like a debt collector to me

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I agree it could be anyone and nothing to worry about. The call doesn't have to be deliberately witheld to come up as such. Outgoing calls that go through a switchboard will appear as 'number witheld' when it hasn't been. For example, when my GP needs to phone me.

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  • 4 weeks later...

I don't know if the Atos thread is the right place for this but here goes.

Moving from IB TO ESA. Last IB award was for 5 year without medical.I then returned the esa50 13th august 2012 by special delivery Received a receipt as delivered on 14th august.After 8 weeks without hearing anything I rang the freephone number on the original ATOS ESA50 LETTER.

The lady who answered was from dwp so it must have been a dwp no, looked on her screen and said sorry Mr *** but your esa50 form etc appears to be lost.I said it cant be I have a receipt for delivery.

She said I am sorry I cannot do anything about it.

 

Then she said don't worry you have depression anyway so they wont bother you for a esa50 form.I was startled when she said this.I said this is misinformation and If You have not got my esa50 I will loose my benefits,I was then told to contact ATOS.

Who I thought I was contacting anyway as the number was on the esa form.

Sorry Are you keeping up with this so far

I then asked her for the atos number, ATOS then informed me they had received my esa50 and the DWP were taking rubbish.They said the scrutiny had been completed on my esa 50 and It had been returned to the DWP on 2nd September 2012 As I do not need to have a medical they had given me ESA for 2 year,

But when I asked what group they said they had not recommended a group.

They also said as the report went back to the DWP on 2nd September I should have heard from the DWP by now.

I therefore rang the DWP esa migration team they say they have no information on the findings of ATOS.

I just wonder what do I do now ATOS say they have reached a decision DWP say nothing received.

Can anyone suggest my next move thank you

Edited by honeybee13
Editing in some spacing for ease of reading.
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Hello there.

 

I'm afraid I don't know the answer, but this doesn't sound right.

 

I'll flag it for the site team in case someone knows, but I'll also move this to the main benefits forum because you should get more views there.

 

My best, HB

Illegitimi non carborundum

 

 

 

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It sounds like the 0800 number you called was the new claims line for benefits (08000556688?) this is a known problem with some letters from ATOS, it's not going to change anytime soon given the cost of changing it - don't ask!! The person you spoke to shouldn't be able to see much in your claim, given that they only take new claims, so I'm not too sure about why they told you the ESA50 was lost?

 

Not needing the ESA50 is not necessarily wrong - in some occasions, especially where mental health is involved, they can overlook a failure to return the ESA50. The idea being they would just move on to the next part of the assessment as opposed to stopping your claim.

 

If I were you I would call the enquiry line again and ask for a call from the Benefit Centre dealing with your claim. Chances are that they did receive a report on the date you were told. It just takes weeks to get a decision made and the person informed. A callback would clarify where they are with your claim and when to expect a decision.

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Thanks for you reply Pillow69 thats put my mind at rest.:loco:

Its just strange that ATOS has said they have awarded me two year but not put me in a group.

I thought the idea of the ATOS scrutiny was to decide which group if any a client was to be awarded.

Or do you think they were just avoding telling me what group I was in for security and data protection reasons.

I thought it was ATOS that made the decisions Is there also a DM at DWP looking at the report ATOS sent back ?.

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Thanks for you reply slipmaster it is all clear now :-D

 

atos make the prognosis and pass it to dwp dm to decide so atos dont know what group he has decided and that will not be on the same day as atos decision
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Good advice here. Also, it's worth noting that the processed ESA50 forms, once they come back from ATOS, generally go to a dedicated team within your BDC. The name of the team varies from one office to another, but it's usually something like "Medical Reference", "Medical Services" or maybe just "The WCA Team". So the folks at the IB/ESA migration team may genuinely not be aware that your ESA50 has been returned, especially if it's currently sitting in a DM's intray a couple of hundred miles away. If you call again, it may be worth asking them to check to see if this is the case.

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  • 4 weeks later...

Hi all after waiting 3 months I have received the DWP letter telling me I have been put into WRAG.

This Without an ATOS medical

I have just rang DWP asked for ESA85A, ESA85S, AND GL24,

I asked how long my WRAG lasted he said it says 2 year.

I cannot mobilise more than 15 mtrs so would have thought I would have passed that descriptor for support.

How can they put me into WRAG without a medical ?.

I also asked the DWP about an appeal he told me I would loss money If I appealed As I would go from the WRAG group to the appeal rate.I thought we were promised we would not loose money on the IB to Esa transition.Just wondered is there anything else I can do,I have been Informed that someone fron DWP will ring me on monday in regards to my request for ESA85A ESA85S and GL24.

Will my case be reconsidered before it goes to appeal,And if I go for an appeal will I loss money.?

Can anyone comment on this thankyou.

Edited by microbar
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Did you write that on your form?

 

Thanks for your kind reply Nystagmite

Yes and I have 4 letters from my consultants and gp saying I cannot mobilise for more than 15 metres,These were included with my esa50

I have stage 3 copd lost all the feeling in my feet peripheral neuropathy,Diabetic ulcers on my feet.

chronic Arthritis in multiple joints,

Even if I was given the imaginary wheel chair I could not Propelll it due to poor manual dexterity due to peripheral neuropathy in my fingers, plus pain from the Arthritis.

Can I ask for a reconsideration or does this happen automatically when you send in the GL24.

If I appeal will I lose money as I thought on the transfer from IB to esa you were not supposed to lose out.

But today the DWP said if I appealed I would loose money.

Thank you for your kind help here.

Edited by microbar
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As part of the appeal process, a reconsideration is done. If the decision can't be overturned, it's then sent to appeal.

 

Thanks for your reply but if I appeal will I loss money I was told by the DWP that I will as I would go from WRAG to assesment,This will put people off from appealing. surely this cant be right.

As pre migration we were all informed you should not loss out when migrating.Thanks.

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If I'm right you would go back to assesment rate as we have due to migration and we are still waiting for tribunal result, we also lost the disability premium of £43 a week so its not true about not losing out when your migrated

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This doesn't sound right to me. If you fail the WCA and have to appeal, yes you only get the assessment rate of ESA but I thought if you're put in the WRAG and appeal for support group you get paid WRAG whilst you're waiting.

 

If one of the benefit experts doesn't pop in with an opinion, I would phone DWP again on Monday and ask someone else.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:microbar:

 

Mmm ...... :???:

 

There's unlikely to be an ESA personalised summary statement cos you didn't have a face to face assessment. No idea why a request for the ESA85A and a GL24 needs a callback. They're both available on request, without giving a reason, from your benefit delivery centre.

 

If you appeal your reassessment decision, either in writing or by completing a GL24, it'll be reconsidered by a decision maker before it's sent to the Tribunals Service. In theory the decision maker can revoke the work related activity component of employment n support you've been awarded. In practice, they rarely do but it's a possibility you should be aware of cos it could mean £71 assessment rate for months on end pending an appeal hearing.

 

The 'not losing out financially cos of migration from incapacity/income support to employment n support' causes confusion. Some claimants who appeal a reassessment decision feel they've lost out cos they only receive assessment rate employment n suport pending the tribunal decision. But, should their appeal be upheld, the awarded component (work related activity or support) is backdated to the date of the original reassessment decision and the arrears are paid as a lump sum.

 

Regards, Margaret.

Edited by **Margaret**
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