resuming esa after atos assesment

[levemir]

I have been on long term incapacity but like nearly everyone else on this I have had the forms which were filled out and returned and now have an appointment for an atos assessment, fully understandable given the benefit changes and I have no problem with this but I hear too many horror stories about it

 

As I have use of my hands, and a pulse I expect that dwp will decide that my benefit will cease, and I have a few questions regarding this

 

will I be notified of the date it ceases? how long after the assessment?

 

can I reapply for benefit right away or does the system really leave you with nothing with no real notice?, I will still be out of work and have no income so surely the least I can apply for is JSA?

 

I am losing a lot of sleep over the what ifs and fearing the worst, ie losing house

 

I just want some plain facts and info on whats to come should I fail the assessment, and how I should go about things to proceed without losing my property.

 

thanks for reading

[Nystagmite]

Anything you do to keep yourself normal and keep you on an even keel is now used as a weapon against you!

 

It depends on the situation. if you apply for ESA, are turned down, lose your appeal and your situation has changed, (such as a new condition and /or problems) you can reapply straight away. If nothing has changed, you have to wait for 6 months after the initial decision. However, reading this forum would suggest that it takes far longer than 6 months for your appeal to be heard.

[RaeUK]

Pretty much as Nystagmite has said. If you fail your WCA - and it's not unheard of to pass it - then you'll be notified in due course. You then appeal and send in (un)fit notes which will generate the assessment rate of ESA. If you are medically unfit to work then this is your only option. JSA is quite a rigorous system and not the port of call if you are ill ...

[levemir]

what I am most troubled with is if the payment into my bank stops without notice and any bill etc automatically comes out on the same day, such as rent etc

 

will I get a written notification with the date at which further benefit payments will stop?

 

there will be no hope of me finding work after 11 years out due to my ilnesses, with nothing coming in will I be homeless as I cant pay rent etc

[RaeUK]

... with nothing coming in will I be homeless as I cant pay rent etc

That wouldn't happen. If you need to appeal, you do so and send in med certs. ESA continues at assessment rate of £71pw and HB etc as usual. It can take up to a year for things to get to Tribunal.

Whilst you might, if you're unlucky, have a small amount of disruption whilst your initial GL24 goes in, it wouldn't be sufficient to fulfill your fears.

And, as said, you may well pass your WCA,

[abc123def]

Also if for what ever reason your benefits stopped you then demonstrated to your local authority your income and savings, any housing benefit and council tax support would be paid based on that and is not just paid to those on benefits. So even if your ESA/IB stopped, your HB would still be paid you just need to inform the council of your income and savings to continue your claim on that basis.

[levemir]

thankyou for advise so far, although I am struggling to come to terms with what might happen and the more I think about it the more enormous things seem to be as a possible consequence

Edited March 26, 2013 by levemir

[levemir]

I went for assessment at a local atos centre at the start of april, apart from a long wait it seemed to go ok and the person doing the assessment seemed pleasant

 

Today 23rd april I got a call from the local dwp office to say I am not able to be put onto the new scheme, details of the report would be sent to me and he talked of 3 options that I had; to start a new claim for JSA, to phone a number to ask for a "reconsideration" or to make an appeal

 

Again the guy who phoned from the local dwp was decent, there was no point ranting and shouting at him he is just there doing a job

 

Dont really know what to do now, will probably try for an appeal which means I need an unfit to work note from my gp, there will be no problem there but I want to know - do I have to do this weekly?

 

Am I best seeing the CAB to proceed with an appeal?

[honeybee13]

I went for assessment at a local atos centre at the start of april, apart from a long wait it seemed to go ok and the person doing the assessment seemed pleasant

 

Today 23rd april I got a call from the local dwp office to say I am not able to be put onto the new scheme, details of the report would be sent to me and he talked of 3 options that I had; to start a new claim for JSA, to phone a number to ask for a "reconsideration" or to make an appeal

 

Again the guy who phoned from the local dwp was decent, there was no point ranting and shouting at him he is just there doing a job

 

Dont really know what to do now, will probably try for an appeal which means I need an unfit to work note from my gp, there will be no problem there but I want to know - do I have to do this weekly?

 

Am I best seeing the CAB to proceed with an appeal?

 

Hello there. I'm sorry to hear that.

 

If it were me, I would appeal. I'm posting a link to the forum stikky about appeals and tribunals that might help you. I think when he says reconsiderations and appeals he means that firstly you ask the DWP to look at your claim again, a reconsideration, and then you go to appeal at a tribunal. If it's changed, I'm sure someone will correct me.

 

CAB/Welfare Rights may help you, but even if they're able to, setting out your thoughts along the lines of the stikky will help them.

 

Can you get a sick note that lasts for longer than a week? I thought they could go up to a couple of months.

 

Here's the link.

 

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

 

My best, HB

[RaeUK]

The length of the (un)fit note will be down to your GP. Mine were always for 3 months at a time. The thing to bear in mind is that, whilst appealing, it's your (un)fit note that generates your payments. No note = no ESA. So, make sure you put a note in your diary at least a week or so before it runs out to get another one and send it off. It doesn't matter if they overlap.

[levemir]

would I have anything to gain by phoning up the number that they are going to give me for a reconsideration? what would the purpose of that route be for? - in case my illness has worsened? to question what the atos assessor has concluded and that parts of my ilness and conditions have been overlooked?

[RaeUK]

If you put in for an appeal then there will be an automatic reconsideration before it is sent to the Tribunal Service.

[levemir]

oh ok, thanks

[levemir]

my decision letter arrived today, I have 0 points

 

Some of the info the HCP gave were incorrect assumptions, I dont think anything from my ESA50 form was taken into account

 

On the phone the fella from DWP said my benefit will terminate on the 16th May, but on the opening letter I got today it says 16th June, and the decision makers report says entitlement will end on 17th May.

 

I have payments from my current entitlement automatically paid for water and council tax, and I have to make other financial arrangements with them for when entitlement ends, I have no idea what to do financially - I dont have any savings

 

I will attempt an appeal, but given the fact that there are 0 points currently awarded I dont see how they can be upped to any degree

 

 

As there are conflicting dates for entitlement ending, should I contact DWP to check?

[boswell]

Hi, I haven't posted for a while but I remember from a little while back when I was in a similar atos position that during the appeal process your payments will continue until the appeal is finalised, not sure if that's still the case but if so it may buy you some time. Good luck.

[fightingback99]

 

I will attempt an appeal, but given the fact that there are 0 points currently awarded I dont see how they can be upped to any degree

 

 

Many people have failed assessments with 0 points awarded, but had their decision overturned at Tribunal appeals. Several have went from 0 points into the Support Group as well on appeal. It seems dauting at first, but don't give up. Posters will help with advice if you get stuck . Good luck .

[levemir]

I dont know if its revelent but today I have been to the doctors to try and get a unfit to work note for when I send my documents in with my appeal, for the last couple of months I have been having some sort of cramp across the middle of my chest leaving me slightly breathless for around a minute, no trigger - just random, earlier in the week I had it again and thought if it was more serious, and nobody about what would I do, I talked about this with my doctor and she thinks its Angina, I have to go for some blood tests and to a clinic which specialises in it

 

would this affect my appeal, as its newly diagnosed, I am due to see somebody at the CAB next week with all my paperwork ready to send in for my appeal

 

be gratefull for any info anyone has

[Nystagmite]

Your appeal is based on how you were at the time of the assessment.

[levemir]

understood, is there no mechanism to take into account other problems then

[RaeUK]

For the appeal, you need to gather as much solid supporting evidence as you can relating to how you were at the time of the assessment. If you feel your health has got significantly worse then you could apply for ESA again from scratch.

With regard to your earlier comment regarding your assumption that you won't improve on 0 points, my ESA history is: 0 points / 0 points / Support Group.

[levemir]

With regard to your earlier comment regarding your assumption that you won't improve on 0 points, my ESA history is: 0 points / 0 points / Support Group.

 

can you elaborate on that?, send me a pm if needed.

[levemir]

hello again, well after all these months I have finally got a date for my appeal

 

I dont have a representative, is it a difficult thing to go through with? the paperwork sent through via the dwp decision maker is this thick, am struggling to understand how they can come up with that much info from an interview that lasted about 15 mins

 

I have sent in to the tribunals service a letter from one of my doctors, and after seeing another doctor this week he is going to send me anther letter to send them about my illnesses and how they affect me

 

Now I have my date, I am getting worried that I will struggle to get my points across

 

Can anyone help with further information

 

many thanks

[**Margaret**]

:levemir:

 

'...... is it a difficult thing to go through with?' Well, it's not quite a chat round the kitchen table, but it's not a formal court either. Most folk manage well enough with help from a friend, partner or carer. The video below is typical of the tribunals I've been to as moral support for acquaintances and friends.

 

http://www.youtube.com/watch?v=ooZk322NdXQ

 

 

Back to the guide linked to in #9 of this thread. Somewhere in that pile of bumf you've got from Jobcentreplus there should be twentyish pages of an ESA85 report from Atos. You can use the template in the link for a written submission to the tribunal panel ahead of the hearing;

 

From the last link in #1 of the guide (pages 18 - 28 of the ESA214 booklet) identify the descriptors you believe you meet and write each one at the top of a separate word doc or sheet of A4.

 

Quote where Atos got it wrong, then write paragraphs to explain the true situation and evidence your paragraphs from the doctors' letters. In your own words along the lines of; 'Atos have said no problem with X (staying at a workstation), but I can't do X cos of Y (degeneration of lumber discs)'. Use the doctors' letters to rebut the ESA85 and give some examples as to how your condition(s) affect your day to day life. For example; 'Cos I can't walk/wheel to the bus stop, my partner has to take time off work to get me to hospital appointments.' If it's applicable to your situation, add a paragraph about why work or work related activity would be a risk to your health (pages 10 -12 of the booklet).

 

Slot your paragraphs into the template and send it off to the tribunal support centre, or the tribunal venue if you're getting tight for time. Having worked out how to get your points onto paper, you'll be better prepared to cope with the tribunal's questions.

 

 

Sincerely, Margaret.

Edited November 1, 2013 by **Margaret**

[levemir]

thankyou margaret, that gives me a better structure to work with

[levemir]

hiya there, I have my hearing this week and am dreading it, not slept for what seems like days, just hour here and there

 

I note that the place the hearing is at, is also the same building that a dwp office and jobcentre are - is that normal? I thought the tribunals were part of the courts system?

 

I hope I am successful, cant think what things will be like if they determine me well

 

thanks for assistance to date