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ATOS Medical decision

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8 years 4 months ago #145070 by Graham
ATOS Medical decision was created by Graham
I had been on the old Incapacity Benefit for 14 years with crushed vertebra and chronic pain and nerve damage. I had loads of points to be placed in the ESA but failed to get into the Support Group because I could put something in my top pocket and touch my forehead. I was placed in WRAG but lost my money after 365 days. I went to a tribunal and an appeal but still failed in my attempt to be placed into the support group.

I went to another ATOS Medical 18 months ago and the doctor was very supportive and helped me a great deal, though when I rang DWP for a decision I was informed the decision maker had made his decision on the same day that I attended the Medical and I still failed to get into the support group. Are these decisions pre-decided?

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  • foss27
8 years 4 months ago #145075 by foss27
Replied by foss27 on topic ATOS Medical decision
It is very unusual for a decision maker to make the decision on the same day as the claimant has the assessment since the report has to be finished and sent to the decision maker for a decision and the decision maker is supposed to consider all the info and not just the HCA report.

It is not the case that decisions are pre-meditated but it certainly seems like some sort of quota system is being implemented in an underhand sort of way and lots of people must be found fit to work to bring disabled claimant numbers down.

I would suggest another claim if you feel up to it. Fight any wrong decisions using our guides and help.

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8 years 4 months ago #145085 by Gordon
Replied by Gordon on topic ATOS Medical decision
Graham

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

If the last Decision placed you in the WRAG again then you will still be classed as having Limited Capability for Work and therefore, in effect, still have an open claim for ESA, although this may not show on the DWP computer system.

Have you checked whether you are eligible for Income Related ESA, if you are then you will receive payments again?

ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If this new Decision that you mention was made less than 13 months ago, then you can appeal it.

Also, if you can show that there has been a documented deterioration in your conditions sufficient to potentially place you in the Support Group, then you can ask to be re-assessed on this basis.

In either case you should have a look at our ESA Claim guides to make sure you fully understand the criteria for being placed in the SG. See

www.benefitsandwork.co.uk/help-for-claimants/esa1

I'm afraid Foss is incorrect about you making a new claim. If you are eligible for ESA(IR) then you can activate payments on your current claim. If you are not eligible for ESA(IR) then you cannot make a new claim as having been on IB you will not have any NI Contributions to claim Contribution Based ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 4 months ago #145090 by TheHud
Replied by TheHud on topic ATOS Medical decision
I had my ESA assessment on the wednesday, about 2 months ago. Rang up the following monday, (get ratty etc. waiting for things). First they said, highly unlikely that it has been done, but looked anyway. Apparently it was already decided on the Thursday and on the system by friday. They gave me the decision, which was support group. I got the letter about 10 days later.
The following user(s) said Thank You: Graham

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