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DWP overturns ATOS 0 points medical

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10 years 6 months ago #110362 by beekles
DWP overturns ATOS 0 points medical was created by beekles
Just wanted to update you as to what has just happened.

I am still in a bit of a state of shock.

A DWP decision maker has just phoned to discuss amy son's ATOS medical results. My son had an ATOS medical last Saturday and they had awarded my son 0 points.
(His primary condition is ME which he has had since he was 13 - he is now 27.He also is being treated for depression and living with the aftermath of major abdominal surgery.)

This outcome was not a surprise as after his last ATOS medical two years ago he was awarded 0 points and so we appealed. Clearly the way the ESA50 form and ATOS medical is structured it is very hard to show how a fluctuating condition like ME is so debilitating.
Luckily we didn't have to go to a tribunal as after months of dread the DWP phoned to say as his condition met 'exceptional circumstances ' and therefore their decision was changed to putting him in the WRAG group.
( this is where I think he should be as we hope at some point his symptoms will abate and he will be able find a better quality of life than he has to put up with)


When the decision maker phoned today and I was sure we would end up having to appeal again and this time maybe have to actually go to a tribunal. She she asked me a variety of questions about my son's illness that she felt ATOS had failed to ask.

At the end of our talk, to my amazement, she said that she was going to overturn the ATOS 0 points decision and put my son back in the WRAG group for 12 months ( before the whole rigmarole will start again- I know- but I am thankful for small mercies or even big ones like this!).


So a least this time we don't have to appeal. I hope this gives people suffering similar conditions hope. There are sensible people in the DWP after all. She did say the form we filled in was 'brilliant' for which I have to give thanks to all the info from pdf's and posts I found here.

Some good news and a slight glimmer of sunshine that the DWP are at last taking account into
conditions like ME.

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10 years 6 months ago #110364 by Gordon
Replied by Gordon on topic DWP overturns ATOS 0 points medical
Beekies

Congratulations on the award for you son.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: beekles

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10 years 6 months ago #110374 by Mags
Replied by Mags on topic DWP overturns ATOS 0 points medical
Brilliant news, well done

Mags
The following user(s) said Thank You: beekles

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