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ASSESSMENT CANCELLATION
- Steve Blue
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10 years 3 months ago - 10 years 3 months ago #116398 by Steve Blue
Replied by Steve Blue on topic ASSESSMENT CANCELLATION
In the end my brother managed to get himself to his assessment.
The ATOS assessor told him during the assessment that she was going to recommend that he be placed in the Support Group, but today he received a letter placing him in WRAG? Could a mistake have been made? Is there anything he can do?
The ATOS assessor told him during the assessment that she was going to recommend that he be placed in the Support Group, but today he received a letter placing him in WRAG? Could a mistake have been made? Is there anything he can do?
Last edit: 10 years 3 months ago by Gordon.
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10 years 3 months ago - 10 years 3 months ago #116402 by Gordon
Unfortunately ATOS only make a recommendation, if the DWP Decision Maker does not feel that the claimant meets the Support Group criteria, even if it was recommended, then they are entitled to come to a different Decision.
Your way forward is to request a Mandatory Reconsideration and if this is unsuccessful, an appeal, the process is explain in our MR and Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
As a starting point you should request the ESA85 medical report and any other documents used in the making of the Decision.
ESA medical – what forms to ask for?
You are going to need to show that your brother meets one or more of the SG criteria.
Qualifying for the Support Group
The following may also be of assistance.
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ASSESSMENT CANCELLATION
Bluebear wrote: In the end my brother managed to get himself to his assessment.
The ATOS assessor told him during the assessment that she was going to recommend that he be placed in the Support Group, but today he received a letter placing him in WRAG? Could a mistake have been made? Is there anything he can do?
Unfortunately ATOS only make a recommendation, if the DWP Decision Maker does not feel that the claimant meets the Support Group criteria, even if it was recommended, then they are entitled to come to a different Decision.
Your way forward is to request a Mandatory Reconsideration and if this is unsuccessful, an appeal, the process is explain in our MR and Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
As a starting point you should request the ESA85 medical report and any other documents used in the making of the Decision.
ESA medical – what forms to ask for?
You are going to need to show that your brother meets one or more of the SG criteria.
Qualifying for the Support Group
The following may also be of assistance.
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 3 months ago by . Reason: Edited to ESA85 as a F2F took place.
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