Taken off support help needed please

My son is epileptic with no warnings … suffers anxiety and memory loss due to medication … in March 2013 he attended an appeal against being in the WRAG, after help from the local DWP office as they thought he should be in the support group….
I went with him to the tribunal to help give evidence … result – put into the support group

In February 2014 he was sent yet another form to fill in … this was returned to them…
This week he has had a phone call from the local DWP office, to say they have received notice, and he should receive a letter very soon, telling him that ATOS have reversed the appeal tribunals findings and have put him back onto WRAG !! The clerk has told him he has the option of writing ( to ATOS ?) with a ‘disagreement’ letter and if they do not revert to Support group he could try for a tribunal yet again …

As I know many here will understand, this has caused great anxiety for him again and the past few years have not been easy for him with this constant assessing … until 2015 he has been awarded DLA top level for care and low for mobility as there are many things he cannot do alone safely … so he is now also worrying himself sick about that … his doctor is simply amazed that this can be done

I am quite happy to go with him to appeal tribunal again, as these sort of things throw him … but really do not understand how ATOS can go against a tribunal, and what we should be doing now …

Any help will be gratefully received …

Val

Valerie wrote: My son is epileptic with no warnings … suffers anxiety and memory loss due to medication … in March 2013 he attended an appeal against being in the WRAG, after help from the local DWP office as they thought he should be in the support group….
I went with him to the tribunal to help give evidence … result – put into the support group

In February 2014 he was sent yet another form to fill in … this was returned to them…
This week he has had a phone call from the local DWP office, to say they have received notice, and he should receive a letter very soon, telling him that ATOS have reversed the appeal tribunals findings and have put him back onto WRAG !! The clerk has told him he has the option of writing ( to ATOS ?) with a ‘disagreement’ letter and if they do not revert to Support group he could try for a tribunal yet again …

As I know many here will understand, this has caused great anxiety for him again and the past few years have not been easy for him with this constant assessing … until 2015 he has been awarded DLA top level for care and low for mobility as there are many things he cannot do alone safely … so he is now also worrying himself sick about that … his doctor is simply amazed that this can be done

I am quite happy to go with him to appeal tribunal again, as these sort of things throw him … but really do not understand how ATOS can go against a tribunal, and what we should be doing now …

Any help will be gratefully received …

Val

Hi V,

As the Tribunal's decision to place your son into The SG would be a "re-making" of the original adverse WRAG award, it would have been backdated to the time of the initial WRAG award.

Therefore, your son would be classed as being in The SG since that time.

All ESA awards, although theoretically indefinite, come with a recommendation of when the award should be reassessed. (The Prognosis)

A prognosis can vary from the minimum of 3 months to the maximum of 3 years:

How often will I be reviewed

From what you have said, :

" telling him that ATOS have reversed the appeal tribunals findings and have put him back onto WRAG"

&

In February 2014 he was sent yet another form to fill in … this was returned to them…"

ATOS have not "reversed" the Tribunal decision, they have reassessed him using The ESA50 that you filled in and returned in February, and recommended that he only meets The WRAG criteria.

It is highly likely that the assessing ATOS HCP would not have even been aware that your son was in The SG at the time of reassessment. (Unless you informed them in The ESA50)

On filling in the latest ESA50, you could not work under the assumption that ATOS would have any knowledge of your son's existing limitations and The SG award.

You would have to show that he still suffered with the same limitations, and that he still qualified for The SG under one or more of The Functional SG Descriptors, or under ESA Reg 35 :

Qualifying for the Support Group

As ATOS only make recommendations on which group a claimant should be placed in, and it is The DWP Decision Maker (DM) who makes the final decision, there would be little point in contacting ATOS.

Once they have made recommendations within The ESA85A Medical Report, it is returned to The DWP DM.

Until you receive a written Decision Notice letter formally informing you of the decision, there is nothing definite.

Once you have received the Decision Notice, if the decision is adverse you can no longer lodge an appeal in the first instance.

As of 28/10/13 you would first have to request a Mandatory Reconsideration (MR) See :

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

There is also an ESA MR/Appeals Guide on this page :

ESA Claims Guides

Even if he was placed in The WRAG of ESA once more, it is highly unlikely that this would have an adverse effect on his current DLA awards.

Please reply to his topic if you have any further queries.

bro58