ATOS failed medical assessment

[Ela1908]

Hi, I wonder if somebody can help with the most up to date knowledge, as I can only see lots of blogs but from 2012/13 and I guess the law has changed. I had my medical Atos on 23.12.14 and I called up today the DWP because of something else and the guy said that I had failed my assessment but he said I scored 15 points and I read everywhere that you need at least 15 points! Anyhow, he said that the ESA was stopped from the 20th which is not very nice and I have not received the letter yet neither has anybody called me. Does anybody know what to do next? As I figure, you can appeal their decision and meanwhile claim JSA and if this is unsuccessful you can go to court?? Anyhow, I read, that if you make a new claim for JSA you will not be getting anything for the first 7 days? How is this all going to work, I find this rather disgusting, I waited 7 months for this decision and was on the assessment rate and I am now living below the breadline, how can I cope with waiting again for JSA and not be paid for the first seven days? Can anybody help please. Many thanks.

[honeybee13]

Hello there.

 

As your query is more about the DWP than Atos, I'll move your thread to the main benefits forum where more people should see it.

 

HB

[tommy456]

As far as i'm aware nothing has changed regarding scoring the 15points to remain on esa

The work capability assessment

 

The ESA work capability assessment is designed to find out two things:

 

• whether you have a ‘limited capability for work’; and
  
• whether you have a ‘limited capability for work-related activity’.
  

4.1 The limited capability for work test

 

The limited capability for work test decides whether or not you remain on ESA. The test is points related and assesses your ability to carry out a range of activities, both physical and 'mental, cognitive and intellectual'. These are listed below. Points are awarded on the basis of any limitation you may have with respect to each activity and totalled up. If the total reaches 15 points or more, you pass the test and can remain on ESA.

Within each type of activity there is a list of ‘descriptors’ with scores ranging from 0 to 15. The descriptors explain related tasks of varying degrees of difficulty. You score when you are not able to perform the activity described. Though more than one descriptor may apply to you, you can only pick up one score from each type of activity; in each case whichever scores the highest.

If you score 15 in any one activity, you automatically pass the test. If your score is less than 15, it can be added to the scores you pick up from any of the other types of activity (in both the physical and the mental parts of the test).

You will be automatically treated as having a limited capability for work in the circumstances described in Appendix 2.

If you fail the test, you would need to consider challenging the decision

[Nystagmite]

Nothing's changed. I would ask for a call back and an explanation (and I'd ask for said explanation in writing) as to why ESA has to been stopped if you've got 15 points.

[hatsanman]

if you fail your atos assessment and go back onto jsa surely you are saying you are fit for work ? be very carefull and don't leave yourself open to anything. ive my assessment today and already decided if I fail my assessment will ask for mandatory reconsideration and claim nothing while im waiting. ive been waiting over 13 months to see atos stating im not fit for work so am not prepared to change that for the sake of a couple of hundred quid. very crafty move on the part of dwp to stop esa while mandatory recon is going through like pushing you into a corner to claim jsa and basically state your fit for work.

[tommy456]

I ended up getting sanctioned because i failed to sign on twice, and they raised a doubt as they like to call it on my claim, then once my the MR had been done and appeal accepted by the tribunal service they delayed the restarting of my esa claim apparently because they didn't close down my JSA claim properly ,despite being told that this had been done , IMO the reason for this extra step (MR) & JSA Is not only a way of them saving money by not paying benefits (those who don't/won't claim JSA) but even those who do claim JSA they rely on those getting sanctioned within a short time, I bet the statistics gained via a FOI request on the number of esa claimants who where found fit for work following the WCA who claimed JSA whilst awaiting the MR ended up being sanctioned within 3mths or less Would make interesting reading

[hatsanman]

Imho I don't think it wise after many months of claiming esa at assessment rate declaring you are ill to suddenly claim jsa basically then stating you are fit for work when you are not. myself feel its like a trap you are pushed into which as stated if I have to go to mandatory con wont fall into.ive decided to sit it out as stated for 13 months ill. yes there will be thousands declared fit for work then claim jsa going onto be sanctioned which again I feel is the trap awaiting. as already stated is my opinion.

[tommy456]

The way i looked at it was I couldn't survive without money to buy food and pay utility bills and the 20% council tax

And i wasn't the one to say i was fit for work ATOS /DWP decided that for me,

 

It's only when you start signing on you find that even though you are classed as fit for work by the establishment your medical condition/s get in the way of your work search activities and even attending the JCP to sign on ,

 

they only allow you to be sick 2 times in a 12monh period each period of up to 2 weeks, or you end up being sanctioned, or in my case if you aren't able to tell them on or before your signing day that you are too ill to sign on

[hatsanman]

all I can say is just don't give them the ammunition to fire at you. please believe me I understand where you are coming from when you say about money to live on its just in my mind im not going back onto jsa as that's exactly what they are after but that's just my opinion and each to their own.

[estellyn]

You shouldn't have to have the 7 waiting days as you have been in receipt of benefits in the preceding 12 weeks. so yes it will take a little time to process your claim, but as long as you apply starting the day after your esa claim ends there should be no break in your money - though this may be difficult to do in practice.