Tribunal Success Last Week, Now DLA have Booked ATOS Doctor Appointment

[rds60h]

:sad:Last week after waiting over a year for the Tribunal dates I had 2 separate Tribunals one for ESA and one for DLA and I was successful in both Tribunals with recommendations from both that I did not require reassessment for 2 years from the date of the Tribunals.

When I phoned DLA about payment I was told they were appealing against the Tribunal decision and that I would have to see an ATOS doctor.

The appointment to see an ATOS doctor in 11 days time arrived today !

Now I know that DLA can only appeal against the Tribunal's decision on a point of law and not against whether they agree with the Tribunal's assessment of my condition so the appeal is really unlikely !

However the thing that worries and upsets me is that they are sending an ATOS doctor to see me to as their letter says "a medical examination to assist them deciding your entitlement to DLA"

This is totally against what the Tribunal have decided. Are the DWP allowed to do this ?

So within days of me thinking to was all over it has started again. feel as if they are trying to worry me into an early grave !!!

[Guest]

I am sure ones with knowledge on this will come and advise, but I thought as you do that it would have to be a point of law in order for them to appeal this, and also that they would have written to you telling you and stating on what point of law they are using to appeal? so unless things have changed in the April 2013 overhaul I am baffled that you got told this on the phone and no reason as to why and no written communication....

 

I will watch this with interest and hope one of the advisers on here will come soon to offer advice and help.

[swinginapig]

:sad:Last week after waiting over a year for the Tribunal dates I had 2 separate Tribunals one for ESA and one for DLA and I was successful in both Tribunals with recommendations from both that I did not require reassessment for 2 years from the date of the Tribunals.

When I phoned DLA about payment I was told they were appealing against the Tribunal decision and that I would have to see an ATOS doctor.

The appointment to see an ATOS doctor in 11 days time arrived today !

Now I know that DLA can only appeal against the Tribunal's decision on a point of law and not against whether they agree with the Tribunal's assessment of my condition so the appeal is really unlikely !

However the thing that worries and upsets me is that they are sending an ATOS doctor to see me to as their letter says "a medical examination to assist them deciding your entitlement to DLA"

This is totally against what the Tribunal have decided. Are the DWP allowed to do this ?

So within days of me thinking to was all over it has started again. feel as if they are trying to worry me into an early grave !!!

I sympathise with you, I won my Tribunal on 9th May 2013, placed into the Support Group of Esa, I waited for my Tribunal 18 months with a reccomendation not to be reassed for 24 months. Low and behold I have already received another questionaire to fill in from Atos, and its only 18th May 2013, I have been without any income sine November 2012 as my Esa stopped because of the 365 day ruling. Yes I will get that all back paid but same as you say they are trying to put us in an early grave. I will not roll over, I am gonna fight every inch of the way.

[Guest]

I had this happen back in 2011, I had won my tribunal and even before the dwp acknowledged it and made the back-payments I was sent an atos form, I emailed ministers@dwp and complained that they had (at that point) not only not dealt with my back-pay and acknowledged the situation despite me sending them a copy of the tribunal decision, but they had sent me another atos form, the tribunal had recommended a 3yr assessment free break ( I know the dwp don't have to adhere to this but it was worth pointing out ) ....upshot was I got a phone call from dwp and told to ignore the form, and my claim was sorted within the next few days, back-pay paid, I got an apology and all was sorted. I may well have just been lucky but it cant hurt to try it when this happens? nothing lost etc.

[swinginapig]

I had this happen back in 2011, I had won my tribunal and even before the dwp acknowledged it and made the back-payments I was sent an atos form, I emailed ministers@dwp and complained that they had (at that point) not only not dealt with my back-pay and acknowledged the situation despite me sending them a copy of the tribunal decision, but they had sent me another atos form, the tribunal had recommended a 3yr assessment free break ( I know the dwp don't have to adhere to this but it was worth pointing out ) ....upshot was I got a phone call from dwp and told to ignore the form, and my claim was sorted within the next few days, back-pay paid, I got an apology and all was sorted. I may well have just been lucky but it cant hurt to try it when this happens? nothing lost etc.

Hi Ruby, thanks for that it"s worth trying, who exactly did you email???

[estellyn]

A Tribunal decision stands until it is overturned, either by the upper tribunal or by a reassessment. The DWP are allowed to reassess you at any time, so as you now have an award as made by the Tribunal, the DWP can choose to assess you when they like - as the Tribunal recommendation for reassessment is only that, a recommendation. If they are considering appealling the decision they won't pay you until either the upper tribunal decision, or if leave to appeal is refused.

 

However, I do believe that in this case the assessment has a chance of going in your favour. By assessing you before deciding whether or not to appeal, it looks as if they may reconsider their decision if the medical assessment is favourable. So be well prepared for the assessment, have everything with you that helped you win the appeal (all the evidence), and keep your fingers crossed that the doctor agrees with the Tribunal. If the doctor doesn't agree, then you'll have a long wait for payment.

 

Sorry, I know not what you wanted to hear.

Edited May 18, 2013 by estellyn

[swinginapig]

A Tribunal decision stands until it is overturned, either by the upper tribunal or by a reassessment. The DWP are allowed to reassess you at any time, so as you now have an award as made by the Tribunal, the DWP can choose to assess you when they like - as the Tribunal recommendation for reassessment is only that, a recommendation. If they are considering appealling the decision they won't pay you until either the upper tribunal decision, or if leave to appeal is refused.

 

However, I do believe that in this case the assessment has a chance of going in your favour. By assessing you before deciing whether or not to appeal, it looks as if they may reconsider their decision if the medical assessment is favourable. So be well prepared for the assessment, have everything with you that helped you win the appeal (all the evidence), and keep your fingers crossed that the doctor agrees with the Tribunal. If the doctor doesn't agree, then you'll have a long wait for payment.

 

Sorry, I know not what you wanted to hear.

So when I have sent questionaire back and another assessment is required, are you saying I will not be entitled to the back payments if I fail that assessment??? surely not, the Tribunal have set aside the decision made in October 2011, putting me in the Support Group from the Wrag Group, so if I fail the next assessment DWP still owe me back payments from October 2011 to May 2013 correct???

[SWLABR9]

Any new assessment can't overturn any decision made at the time of the old assessment nor can it overturn retroactively the tribunal's decision regarding that old assessment. I'd say you'd still be due that back pay up to the date of your new one, assuming you fail it of course. It's worth insisting that it be recorded, this will probably result in it being postponed for several months, and something I did that seems to have worked is, on the basis the assessors don't know much about their subjects, I researched my ailments on the internet and compiled reports on how people with the same ailments were affected in their daily lives from dedicated forums and medical sites. You have to work on the basis that assessors are completely ignorant of the problems associated with your condition and show them what they are, otherwise they simply won't know.

[swinginapig]

Any new assessment can't overturn any decision made at the time of the old assessment nor can it overturn retroactively the tribunal's decision regarding that old assessment. I'd say you'd still be due that back pay up to the date of your new one, assuming you fail it of course. It's worth insisting that it be recorded, this will probably result in it being postponed for several months, and something I did that seems to have worked is, on the basis the assessors don't know much about their subjects, I researched my ailments on the internet and compiled reports on how people with the same ailments were affected in their daily lives from dedicated forums and medical sites. You have to work on the basis that assessors are completely ignorant of the problems associated with your condition and show them what they are, otherwise they simply won't know.

To be perfectly honest I dont even think the assessors read the questionaire before they assess you, I walked into my assessment and the HCP more or less said to me, "what are you disabilities"...... where can we go from there???? and they definately dont take any notice of Dr"/ Consultants reports......

[SWLABR9]

Was yours recorded?

[estellyn]

So when I have sent questionaire back and another assessment is required, are you saying I will not be entitled to the back payments if I fail that assessment??? surely not, the Tribunal have set aside the decision made in October 2011, putting me in the Support Group from the Wrag Group, so if I fail the next assessment DWP still owe me back payments from October 2011 to May 2013 correct???

 

No we're talking about different things. The OP is talking about being reassessed for DLA and the DWP possibly challenging the Tribunal decision.

 

In your situation, you have been placed in support group by the Tribunal for ESA and are now simply being reassesed for ESA, this has no impact on back payments at all.

 

And asking questions about your situation in another person's thread, may be very confusing to the OP, especially as the situations are very different.

[swinginapig]

Was yours recorded?

No mine wasnt recorded, we was never offered that in 2011. We had to do it in secret then.. and wasnt allowed to present it to Tribunal....

[swinginapig]

No we're talking about different things. The OP is talking about being reassessed for DLA and the DWP possibly challenging the Tribunal decision.

 

In your situation, you have been placed in support group by the Tribunal for ESA and are now simply being reassesed for ESA, this has no impact on back payments at all.

 

And asking questions about your situation in another person's thread, may be very confusing to the OP, especially as the situations are very different.

 

Right ok, sorry thought you was answering me estellyn thats why I was asking questions, just gave my sympathies to rds60h and told my similar story..

[Guest]

It all sounds complicated to my little brain, and my situation may have been different but I emailed ministers@dwp that is the address up at the highest level of dwp. In my case they weren't considering any appeal against my winning the tribunal and as I say a few weeks after they sent atos form .....I did as I said in my other reply and got it sorted out very quickly.

I had lost my incapacity benefit in 2009 and waited almost 18months for the tribunal hearing, which I won within 5 mins of getting there and didn't even have to say much other than who I was etc. My daughter was a massive support. dwp didn't write or pay up anything, despite phone calls and letter from my daughter with my signed approval. When the atos form arrived I was fit to be tied with anxiety and anger, hence the email to the [email protected] I say it all sounds complicated with assessments straight after and maybe as I also said before I was lucky at that time.....

[rds60h]

Thank you all for your concern and input, as pointed out the Tribunal reassessment advice is only advice and can be ignored, but in less than a week ?

That is just scandalous and as I have said I would also question if it was legal !!

Ruby_Tuesday thanks for your advice I think I will email ministers @dwp right now. I have an Advocate and I have asked him to contact HMCTS to find out their opinion because he was in constant communication with them throughout may wait for the Tribunal.

I will update you all on how things go.

[Guest]

Good Luck with this!!! try and keep strong and don't give up.

[estellyn]

Right ok, sorry thought you was answering me estellyn thats why I was asking questions, just gave my sympathies to rds60h and told my similar story..

 

No problem.

[swinginapig]

Hi Ruby, thanks for that it"s worth trying, who exactly did you email???

Have you got a Template Letter you can post on here???? just to give me an idea of what to put in the letter, I am having difficulty drafting a letter to sound credible. Thanks in advance.

[rds60h]

Sorry about late reply, just not been feeling like using the internet,

Anyhow, some good news, I had my Advocate chase up DLA and they said my DLA has been awarded and back money paid into my account (Hurray !!!) they also said that the ATOS medical was to see if I needed and extra help............................Yeah Right !! but if I did not want to have the medical I did not have to and that my award was good for 2 years. So medical cancelled with my explaination that as far as I was concerned what I have been awarded is what I deserve and require and not any more.

Just the ESA to sort out now !

My advice to everyone is be honest and don't give up !!

[Spoofy]

I have been "Invited" to an assessment in June and the dread and stress of this has aggravated my condition..... what I am unable to find out at the moment is whether, the rent is still covered through all of this or whether I am destined for the front door and the streets? I just cannot find anything that clarifies where i stand through the whole process of this

 

can anyone tell me about this please?

[swinginapig]

I have been "Invited" to an assessment in June and the dread and stress of this has aggravated my condition..... what I am unable to find out at the moment is whether, the rent is still covered through all of this or whether I am destined for the front door and the streets? I just cannot find anything that clarifies where i stand through the whole process of this

 

can anyone tell me about this please?

Yes your rent will be covered as long as you have let the Council/ Landlord know of your situation..

[Spoofy]

thank you for your response swinginapig that is a weight off my mind

 

More though. If someone is sanctioned do they lose their housing benefit. I ask this because as far as I can gather the universal payment is one payment that covers all and if sanctioned it would be counter-productive to have someone become homeless because of this.... so, do they still separate the two payments but call it a single payment? if they do then it sort of defeats the concept of a universal payment when separate calculations are made for the rent.

 

Thanks again for responding

[**Margaret**]

:Spoofy:

 

Whatever the reason for your invite (new claim, reassessment of employment n support allowance/incapacity benefit/disability living), unless there's a change of circumstances, your current award plus housing benefit will continue to be paid at the existing rate until a Jobcentreplus decision maker determines entitlement.

 

There's no sanctions as a result of an assessment. The decision maker will either determine entitlement to an award or disallow and close the claim. Disallowance is an appealable decision and housing benefit can be paid on the grounds of low income pending the outcome of an appeal for employment n support.

 

Universal credit won't affect existing claims until October 13.

 

Margaret.

[swinginapig]

thank you for your response swinginapig that is a weight off my mind

 

More though. If someone is sanctioned do they lose their housing benefit. I ask this because as far as I can gather the universal payment is one payment that covers all and if sanctioned it would be counter-productive to have someone become homeless because of this.... so, do they still separate the two payments but call it a single payment? if they do then it sort of defeats the concept of a universal payment when separate calculations are made for the rent.

 

Thanks again for responding

Your rent will still be paid during the assessment process, if you fail the assessment and DWP close your claim for ESA they will also inform your Housing Benefits Office and your Housing Benefits would stop from that point. If you decided to appeal the decision you can be paid at the assessment rate of ESA and your housing Benefits would continue whilst your appeal is heard. Alternativly if you decided to claim Jobseekers you would be eligible to make a new claim for Housing Benefit.

[Trurider]

I would register a complaint with your Member of Parliament. The agency are clearly trying to ignore the rules (not unusual these days).