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Hello,

 

My father recently had a tribunal which went against him, they said that he is mentally unfit for work but physically fit. Anyway... my father has serious back/leg problems and is unable to walk for extended periods of time and sit for extended periods of time. He also suffers from heart problems and nerve problems, I'm guessing that's due to all the stress hes been having to put up with.

 

anyway, he scored 0 points on his ATOS assessment, we then appealed and it was taken to the tribunal where he was given 13 points and as I said above, told he was mentally unfit but physically fit for work. We tried applying for ESA straight away but was told no because the tribunal went against us. (they stopped his benefit before the tribunal even took place might I add).

 

Edit: A little more info. My fathers GP informed my father that he is not to work and also sent letters to the DWP and of-course we had sick notes but they aren't even helping.

 

We're still unsure what to do next...any advice would be appreciated.

Edited by GwynbleiddUK
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February 2012

 

More than six months have passed since the decision that he was fit form work. As such, he should be able to make a new claim right away. Did they elaborate at all when he was told he couldn't claim? And critically, who, specifically, told him that. I don't mean their name or anything, just what job they do.

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More than six months have passed since the decision that he was fit form work. As such, he should be able to make a new claim right away. Did they elaborate at all when he was told he couldn't claim? And critically, who, specifically, told him that. I don't mean their name or anything, just what job they do.

 

It was february 2012 when ATOS gave him 0 points, it was last month when his tribunal went against him. He rang the following number Telephone: 0800 055 6688 and whoever he spoke to informed him that he wasn't allowed to claim ESA because the tribunal went against him.

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It was february 2012 when ATOS gave him 0 points, it was last month when his tribunal went against him. He rang the following number Telephone: 0800 055 6688 and whoever he spoke to informed him that he wasn't allowed to claim ESA because the tribunal went against him.

 

Hmm. Well, that is the new claims contact centre number. And yet I don't think the information he was given is correct. The Tribunal is based on his condition at the time of the Atos medical, which was well over a year ago. ESA rules (unless they've changed very recently, but I've certainly not heard anything about it if so) allow a new claim without restrictions six months after the DWP took the decision to find a claimant fit for work.

 

Critically, though, it's not really up to the contact centre staff to decide who may or may not make a claim. They should accept the claim if he meets the basic conditions, and leave it up to the processing teams to decide on eligibility. I'd suggest he tries again.

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Thank you antone, I'll get onto it right away. :) He said that when he applied he got a letter asking for a sick note which he sent in and he then rang a few days later and was told everything I've said.

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If you are medically unfit to work then the only thing you can do in this circumstance is to re-apply. As has been said, he's entitled to do so due to the length of time since his original ESA ceased. Quite often the new claim staff don't understand the system at all and I've had to explain it to them in the past.

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:GwynbleiddUK:

 

Do you know if your Dad's employment n support allowance (or possibly a previous award of incapacity benefit) was related to his household income or based on his national insurance contributions?

 

Either way your Dad's been misadvised by the claims line. But if his assessment rate was based on contributions, payments are time limited to twelve months which may be why they ceased before his appeal was heard. Payment of a new claim will depend on national insurance contributions (if any) during the two tax years ending April 12 or household income/savings. Does he have a wife/partner in work?

 

Unfortunately Med 3 (unfit) notes are only valid while waiting for an Atos assessment or the outcome of an appeal.

 

Kind regards, Margaret. :panda:

Edited by **Margaret**
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