atos apointment and after decision - ** PAYMENTS BEING BACKDATED **

[hatsanman]

good morning all, after 13 months of waiting and me complaining to atos ive now finally got an appointment/assessment with them on Monday 26th jan at 1.30pm.

 

after reading of so many folks being given zero points and being removed of esa after the assessment im kind of prepairing myself for the same treatment.

 

my question is if I don't get the points needed to stay on esa and am removed of esa what is my next move and how do I go about it? ive read somewhere on here about a mandatory reconsideration so how do I go about that or apply for that?. im 62 this year and have been on esa for 13 months now with anxiety and depression and am waiting for both my knees to be replaced..

 

ive just been awarded pip on the mobility part and just missed out by 1 point on the daily living part so have asked them to reconsider as they never disclosed the facts of my claim.

 

I have to see 2 doctors plus a phychiatrist who ive been seeing for 13 months but still feel im going to be treated the same as most other poor souls so thought id prepare myself before it all happens.

 

many thanks in advance for any help , chris.

Edited January 11, 2015 by honeybee13
Paras.

[honeybee13]

Hello there.

 

Here's a link to the forum stikky on Atos 'medicals', which you might find useful.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287253-esa-medicals

 

HB

[honeybee13]

And this is about appeals if you don't agree with the Atos decision. The information on what you're paid whilst appealing needs updating and I'm looking at that.

 

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

 

Also some good information here.

 

https://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/benefits-mandatory-reconsideration-and-appeals/effect-on-benefits

 

HB

 

HB

[hatsanman]

many thanks hb very helpful. so basically if I fail the atos medical I can ask for mandatory reconsideration and stay on assessment rate of esa?. my doctors and phychiatrist say I will never return back to work such is the state of my mind and legs. I originally applied for esa because the way my mind was but now my legs have come into it. I find it slightly amusing that's folks have doctors reports saying how ill they are only to be overturned by some-one who is lower down the ladder in the profession. I had an ex paramedic assess me just before xmas for capita but omitted all the important things I told him so missed out on the daily living component by 1 point.

[honeybee13]

I'm sorry, I don't think you get the assessment rate while you're waiting for the reconsideration, that's the part of the stikky that needs updating.

 

My understanding is that they start paying you again once the tribunal service receive your application, assuming the reconsideration doesn't go your way. Some do.

 

If you have any documentary evidence the DWP haven't seen, it's worth showing them copies [keep the originals].

 

Other people know more than me, hopefully they will comment later.

 

HB

[hatsanman]

I don't think you get the assessment rate while you're waiting for the reconsideration, so if your assessment says you are fit for work your esa which ive now been getting for 13 months stops so does that mean I go back on jobseekers allowance or I get nothing until my mandatory assessment and maybe appeal ?.

[hatsanman]

I think im getting the way the land lies now. so if your deemed fit for work by atos your pennies stop plus housing benefit council tax etc. you then lodge a mandatory reconsideration request and while this is going through you get no pennies at all. if the mandatory reconsideration fails you can then appeal and go back on assessment rate of esa does that sound about right ?

[honeybee13]

I think you're being too pessimistic about council tax and housing. From memory, you would make a low income declaration and should continue to receive that benefit. As I said, I'm not the expert on this.

 

HB

[hatsanman]

I think you're being too pessimistic about council tax and housing. From memory, you would make a low income declaration and should continue to receive that benefit. As I said, I'm not the expert on this.

 

HB

many thanks hb that's one less thing to worry about. im not saying atos will definatly say im fit for work but getting prepaired just in case.

[tommy456]

I can confirm if you are found fit for work following the farce known as the WCA such as getting a nil point score, the fist step is the MR whilst you wait for the outcome you wont get any ESA payments, but you can claim JSA until you get the result or the MR if they agree with the ATOS findings you can then launch an an appeal to the tribunals service, once they have acknowledged/accepted your appeal and informed the DWP you can switch back on to ESA but the existing JSA claim must be closed otherwise esa can't be paid

 

The very ideas of introducing the MR process and stopping esa payments until decision is changed or appeal accepted by tribunal service are there as an extra layer of nonsense in the hope of deterring people to continue to claim esa, not only this but i would imagine a lot of those who claim JSA end up getting sanctioned for not satisfying their adviser/coach they are looking for work

 

 

 

which poses 2 questions in my opinion that many of us would like answers to

(1, how many ATOS decisions have been reversed by MR ?, 2, how many claimants who where on esa previously to JSA where sanctioned whilst awaiting the MR results?) so we can see just how many

 

BTW i know the official line on ATOS and DWP = decision making, but i for one do not believe that tripe, ATOS are the ones who find someone fit for work or not, the DWP 99.9% of the time just go along with this, of course they will occasionally change or disagree, because they have to to keep up this charade, and ultimately it the government who the buck stops with as they are paymaster to both

[honeybee13]

Hello tommy. Could we bear in mind please that this thread is for advice about hatsanman's issues and not random gripes about Atos et al?

 

HB

[Nystagmite]

I think you're being too pessimistic about council tax and housing. From memory, you would make a low income declaration and should continue to receive that benefit. As I said, I'm not the expert on this.

 

HB

 

That's right. Well, it would be a nil income declaration.

 

If the MR is unsuccessful and it has to go to appeal, you have to carry on sending in fit (sick) notes to receive the assessment rate of ESA.

[tommy456]

The first part of my post was advice from my actual experience so 1st hand and true, which covers what the op was seeking imo, as for the gripes, not just gripes but it's how things actually are out there and the most annoying this is that no one seems to be doing much about it

[honeybee13]

The first part of my post was advice from my actual experience so 1st hand and true, which covers what the op was seeking imo, as for the gripes, not just gripes but it's how things actually are out there and the most annoying this is that no one seems to be doing much about it

 

Thank you for the comments part, tommy. As for the rest, I suggest you start a discussion thread please.

 

HB

[Helen2264]

good morning all, after 13 months of waiting and me complaining to atos ive now finally got an appointment/assessment with them on Monday 26th jan at 1.30pm.

 

after reading of so many folks being given zero points and being removed of esa after the assessment im kind of prepairing myself for the same treatment.

 

my question is if I don't get the points needed to stay on esa and am removed of esa what is my next move and how do I go about it? ive read somewhere on here about a mandatory reconsideration so how do I go about that or apply for that?. im 62 this year and have been on esa for 13 months now with anxiety and depression and am waiting for both my knees to be replaced..

 

ive just been awarded pip on the mobility part and just missed out by 1 point on the daily living part so have asked them to reconsider as they never disclosed the facts of my claim.

 

I have to see 2 doctors plus a phychiatrist who ive been seeing for 13 months but still feel im going to be treated the same as most other poor souls so thought id prepare myself before it all happens.

 

many thanks in advance for any help , chris.

 

The main thing you need to concentrate on is telling them about how your condition affect your day to day activities, they are not worrying about your illness or your doctors etc because they don't even bother to check with your doctor or psychiatrist, the so call atos Healthcare Professional are not doctors and they are employed by atos to just get the information from you and then type ten to the dozen in their computer which is all a farce. I think you should concentrate on preparing for your appointment rather than worrying about the nil point.

 

Make sure you ask the ATOS Healthcare Professional his/her name, GMC certificate or number before you speak by law they have to give you that answer, also record your appointment they cannot refuse you that either. The best way to do that is to send a letter as soon as possible before your appointment date if you wish to record your atos medical sent the letter to DWP and the copy to atos. Also inform dwp and atos by letter that you want to know the name, GMC number of the HCP who will be doing your medical assessment. I would advise you also to enclose The Fraud Act 2006 pointing at Section 2 that scared them big time talking from experience.

 

Like mentioned if you are genuinely ill then you put them under pressure don't let them put you under pressure. Please I am not saying you are not genuinely ill all I am advising you is that dont let them fail you, those medical assessment is really to get you off benefit that's their goal.

 

I've sent my friend esa50 form together with The Fraud Act 2006 and also has informed dwp and atos that I wish to know the the name of the Atos HCP and their GMC number and that I intend to check with the GMC if Atos HCP have at least 3 years of experience as as stated in the contract between the dwp and atos having that contract in hands help a lot.

 

I wish you all the luck.

[Helen2264]

I think im getting the way the land lies now. so if your deemed fit for work by atos your pennies stop plus housing benefit council tax etc. you then lodge a mandatory reconsideration request and while this is going through you get no pennies at all. if the mandatory reconsideration fails you can then appeal and go back on assessment rate of esa does that sound about right ?

 

Well they will tell you, you can claim other benefit what that really mean is job seekers benefit of course once you are on jobseekers benefit you lose everything because that's where the sanction would come in thick and fast. You they fail you, you can claim housing benefit under nil income make sure you go straight to your council just concentrate on your esa appointment dont distract yourself with the nil point, you never know you might have a good HCP and past your esa medical.

[hatsanman]

first of all id like to thank everyone who contributed to my thread as its been most helpful and calmed me down a bit. I really let things get to me work myself up so much then go into meltdown. the assessment sounds a bit like the one I had with capita on 23.12.14 when they came out and assessed me for pip where they ask questions and type your answers into a laptop only the answers I gave were not the answers the assessor typed into his pc hence my request for a mandatory reconsideration on the daily living component. the actual visit to atos isn't bothering me its the money side of things where ill sit and say to myself what will we do when/if our money stops and work myself up so much I go into meltdown. I know I shouldn't think that way I should try and be positive but when my mind takes over its like a very small thing can mean disaster. I really cant see how they can tell you to claim jobseekers when basically you are sick as you have to be actively looking and available for work. I think as some-one has already pointed out its a bit like a trap where as you either struggle through without any money until a decision is made or sign back on jsa and play right in their hands. I know I must concentrate on my assessment and can only go and tell the the truth which is the best policy and go from there. it was all abit to much yesterday trying to fathom out how the system worked after the assessment but hopefully now down you nice folks im a bit wiser so many thanks again to you all.

[hatsanman]

well i just thought id update everyone on my esa assessment. i went for my assessment on the 26th jan 2016 and today i got a letter saying im in the support group and as id waited over 13 months to be assessed they owe me £2700 or there abouts. id just like to say a very big thanks to the folks who gave me advice and said concentrate on telling them about your illness and how it affects you which i did. i was with the assessor exactly 15 minutes when he said that's enough. its like a weight has been lifted of my head but will never forget the way i have been treated by the dwp and i also wont ever forget all the nice folks on here . if anyone would now like any guidance from me ref assessment please just ask and maybe i might be able to help as others helped me, thanks again everyone you are all gems.

[honeybee13]

Hello again. That's great news, I'm so pleased for you. I know what a relief it is when they actually believe you and I hope the money will be useful to you. Please stay around to help if.

 

I'll amend your thread title.

 

HB

[Helen2264]

well i just thought id update everyone on my esa assessment. i went for my assessment on the 26th jan 2016 and today i got a letter saying im in the support group and as id waited over 13 months to be assessed they owe me £2700 or there abouts. id just like to say a very big thanks to the folks who gave me advice and said concentrate on telling them about your illness and how it affects you which i did. i was with the assessor exactly 15 minutes when he said that's enough. its like a weight has been lifted of my head but will never forget the way i have been treated by the dwp and i also wont ever forget all the nice folks on here . if anyone would now like any guidance from me ref assessment please just ask and maybe i might be able to help as others helped me, thanks again everyone you are all gems.

 

So happy for you, we've had good news today also my friend got all her money backdated and today was told she is in the ESA support group without being call for a medical at ATOS and her work-focus interview has been cancelled.

[hatsanman]

Hello again. That's great news, I'm so pleased for you. I know what a relief it is when they actually believe you and I hope the money will be useful to you. Please stay around to help if.

 

I'll amend your thread title.

 

HB

hi hb, I know it may sound a bit corny but it wasn't really about the money, it was for peace of mind as like I said its like a big weight has been lifted and hopefully now will be left alone until I retire. yes of course im stopping around and if I can help or advise I will gladly.

[hatsanman]

So happy for you, we've had good news today also my friend got all her money backdated and today was told she is in the ESA support group without being call for a medical at ATOS and her work-focus interview has been cancelled.

awesome news and at last its nice to hear some good news.

[honeybee13]

hi hb, I know it may sound a bit corny but it wasn't really about the more peace of mind as like I said its like a big weight has been lifted and hopefully now will be left alone until I retire. yes of course im stopping around and if I can help or advise I will gladly.

 

Good for you, it'll be good to have you here.

 

HB

[hatsanman]

Good for you, it'll be good to have you here.

 

HB

many thanks hb im really glad there are nice folks such as yourself in this world who are there to help as you did with me

[honeybee13]

. Replies like this make it all worthwhile.

 

Hugs, HB