Phone Call

mickeytum wrote: Had my results back on the 3rd of Feb.... I failed the atos test....
I am shocked and feel lost....
I worked for 25 years for the same company until the year 2000 , when I was pensioned off because of rheumatoid ,psoriatic arthritis..
Are atos saying all the people who originally diagnosed me then and since are lying..
I want to appeal but I honestly don't know how to go about it.. Reading the other posts ,and not being any good with technology, I don't know if I can do it...
If some one could give me advice in as simple as possible language as they can and in what order, it would help massively... Many thanks in advance..

The ESA assessment does not test your ability to work, but rather whether you meet 17 tests of your disability, unfortunately, it is perfectly possible to be found Unfit for Work by an employer and Fit for Work by the DWP.


You have a number of options.

You can challenge the Decision not to award you ESA. The first stage of this is to request a Mandatory Reconsideration, you normally have one month to do this from the date of the Decision letter on your ESA. You will not be paid while the MR is carried out, if your finances will not tolerate this you can claim JSA but will have to make a Job Search commitment. If the MR does not overturn the Decision then you can lodge an appeal with the Tribunal Service, once this is accepted you should be eligible for the ESA Assessment rate providing you are still covered by a Fit Note.

You can make a new claim for ESA, this can be done in parallel to any challenge to the previous Decision that you might make, however, you will not be paid unless you have a new or deteriorated condition, or six months have elapsed since the Decision not to award ESA.

Have a look at the following and if you have more questions, please reply to this post.

Disability Rights UK Factsheet - Appeals and reconsiderations

ESA MR and Appeal guide

Gordon

mickeytum

Obviously we do not know your condition(s) or how they affect you so I am responding purely in the context of the legislation. It is important to note that the questions on the ESA50 are not a direct representation of the legislation which claimants are assessed against.

- It is not a walking test, but rather a mobility test that includes your ability to propel a manual wheelchair, whether you use or even own one is not relevant, providing the usage is deemed to be reasonable. So even if you were unable to walk but could propel a wheelchair 200m you would not score any points.

- The test is two steps even with the use of a handrail.

- The test is your ability to Stand and Sit so even if you cannot stand for one minute, if you can sit for 60 minutes without problem you will not score points.

- There is no longer a test for kneeling.

- As above, even if you have to move between standing and sitting repeatedly, it will be the total of the two which will be considered unless you need to "move away in order to avoid significant discomfort or exhaustion"

- Whether you are able to drive or not is not tested although your ability to do so will result in assumptions in regard to your capabilities in other areas, in particular, sitting.

None of the above means that you do not actually qualify for ESA, but you will need to show that you do. Have a look at our ESA Claim guides for more information.

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

You have already been found Fit for Work, so the DWP cannot infer legally infer anything by your claiming JSA, if you apply for a Mandatory Reconsideration then the DWP should allow you to limit the type of work you will required to look for, but you should be aware that they can refuse a claim for JSA if they believe that the limitations you are placing on your claim would prevent you from finding work.

Gordon

mickeytum wrote: Can I get access to all the papers that atos have read and if so how do I go about it...
What do I say when ringing or writing about my decision to appeal.. Do I say or write why I think I am appealing their decision...
If I do claim job seekers allowance, would that enable me to any other benefits...
Sorry for being so stupid but I am really struggling at the moment at what I should do..

You can request the papers by contacting the DWP office that dealt with your claim, you can do this over the phone, but we recommend following up the request in writing.

ESA medical – what forms to ask for?

At this time you can only request a Mandatory Reconsideration, you do not need to provide reasons at this stage, but you will if you need to appeal. The process is explained in more detail in the ESA MR and Appeal guide that I posted a link to earlier.

You may also be eligible for Housing Benefit, you can claim this even if you do not do so for JSA, as a nil income claim, whether you are entitled or not will depend on your personal circumstances.

Gorodn