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TOPIC: ESA awarded on appeal, now second ATOS medical

ESA awarded on appeal, now second ATOS medical 4 years 6 months ago #17628

I support a relative who suffered acute mental health problems a year ago, causing him to withdraw from university.
To cut a long story short, GP said he should not seek work. DWP/ATOS disagreed and awarded zero points.
We went to appeal, strongly supported by GP and using the excellent ESA info from this site. Tribunal in November 09 awarded 39 points and DWP paid additional ESA backdated to June.
We've now had a second ESA50, this time filled in using the B&W advice and hopefully avoiding the pitfalls. A second medical is scheduled in a fortnight (if I can persuade my relative to attend since he quite reasonably believes the doctor will once again write a load of irrelevant incorrect rubbish).

My question is whether anyone knows what happens if he once more fails the medical - does he once more go back on basic rate ESA pending another appeal?
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Re:ESA awarded on appeal, now second ATOS medical 4 years 6 months ago #17648

john73 wrote:
I support a relative who suffered acute mental health problems a year ago, causing him to withdraw from university.
To cut a long story short, GP said he should not seek work. DWP/ATOS disagreed and awarded zero points.
We went to appeal, strongly supported by GP and using the excellent ESA info from this site. Tribunal in November 09 awarded 39 points and DWP paid additional ESA backdated to June.
We've now had a second ESA50, this time filled in using the B&W advice and hopefully avoiding the pitfalls. A second medical is scheduled in a fortnight (if I can persuade my relative to attend since he quite reasonably believes the doctor will once again write a load of irrelevant incorrect rubbish).

My question is whether anyone knows what happens if he once more fails the medical - does he once more go back on basic rate ESA pending another appeal?

Unfortunately your relative would go back on to the assessment rate of ESA, if he has to appeal another adverse decision.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Re:ESA awarded on appeal, now second ATOS medical 4 years 6 months ago #17660

"Unfortunately your relative would go back on to the assessment rate of ESA, if he has to appeal another adverse decision."

Thanks for reply - I posted the question because I suspect many members may have reviews/2nd ESA50's coming up and could be affected. The 2nd ESA50 was completed very comprehensively but I suspect it will have little effect. Will post again after medical/decision.
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