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ESA reassessment concerns
- bigcat
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9 years 10 months ago #123242 by bigcat
ESA reassessment concerns was created by bigcat
My daughter has had a mental illness since 13,now 31.About 6 stays in hospital with it.She went for ATOS WCA assessment on 9.12.11.ATOS awarded her 0 points. We could and would not accept how they had come to that conclusion like multitudes of others have felt and we went through the appeal process .One year later 28.12.12 we went to tribunal and were awarded 15 points.The judge was a gentleman the doctor was otherwise.I was constantly rebuked for speaking up for my daughter otherwise she would have been walked over by his questioning attitude.The experience for her was very upsetting to get the justice she deserved and I had to stop her from walking out in tears.
My daughter was placed in the WRAG . Despite me writing to the DWP there was no contact from them re JobcentrePlus work programme all of the year 2013.
A few weeks ago she got two letters a day or two apart. One from ATOS for reassessment and the other from JobcentrePlus to go on the work programme after all this time.
Jobcentre was 11/07/14 and ATOS 22/07/14.
We went on the 11/07/14 which was reasonably positive however she cannot cope with the pending ATOS on the 22/07/14 which I fear will undo everything we are trying to achieve with her.
I have sent recorded delivery letters to DWP with no replies. I have contacted local MP who has sympathy but I believe tied hands in the situation.
Am I right in thinking if she is awarded 0 points on 22/07/14 we have to appeal to get her benefit back (WRAG) with no benefit till sorted (one year last time) or sign on for JSA. I know she will not sign on for JSA her morals will not let her do so as she would be declaring she is fit for work and actively seeking employment.
(she is neither at the moment because of her illness). I know I will have trouble getting her to the ATOS assessment ,she is unable to get there alone and this has been accepted by tribunal decision and her DLA award.I am at my wits end with all the hassle. I feel we are going to have the RUG or should I say WRAG pulled from under our feet just as she has got on to it after all this time. Her GP states in writing 'I wonder if she will ever be able to find work for herself'.Bad timing ATOS but have to blame DWP in this matter for asking them to do it at this time.
Where is the common sense in this system which is making ill people worse rather than better.
My daughter was placed in the WRAG . Despite me writing to the DWP there was no contact from them re JobcentrePlus work programme all of the year 2013.
A few weeks ago she got two letters a day or two apart. One from ATOS for reassessment and the other from JobcentrePlus to go on the work programme after all this time.
Jobcentre was 11/07/14 and ATOS 22/07/14.
We went on the 11/07/14 which was reasonably positive however she cannot cope with the pending ATOS on the 22/07/14 which I fear will undo everything we are trying to achieve with her.
I have sent recorded delivery letters to DWP with no replies. I have contacted local MP who has sympathy but I believe tied hands in the situation.
Am I right in thinking if she is awarded 0 points on 22/07/14 we have to appeal to get her benefit back (WRAG) with no benefit till sorted (one year last time) or sign on for JSA. I know she will not sign on for JSA her morals will not let her do so as she would be declaring she is fit for work and actively seeking employment.
(she is neither at the moment because of her illness). I know I will have trouble getting her to the ATOS assessment ,she is unable to get there alone and this has been accepted by tribunal decision and her DLA award.I am at my wits end with all the hassle. I feel we are going to have the RUG or should I say WRAG pulled from under our feet just as she has got on to it after all this time. Her GP states in writing 'I wonder if she will ever be able to find work for herself'.Bad timing ATOS but have to blame DWP in this matter for asking them to do it at this time.
Where is the common sense in this system which is making ill people worse rather than better.
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- Gordon
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9 years 10 months ago #123245 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reassessment concerns
bigcat
I am afraid that there is no point your contacting the DWP about the assessment, they defer all medical matters to ATOS and will only deal with the claim again when your daughters file is returned to them.
You can try and get a home assessment if this would be easier on your daughter, however, you will need the support of her GP to write a letter detailing why she cannot attend at an ATOS office and I think it likely that her attending the Work Programme interview will count against her making it unlikely that it will be granted, but you lose nothing by trying.
If she does not attend the arranged appointment, ATOS will offer a second one, if she fails to attend again then the most likely result is that her claim will be closed.
I note from your post that there appears to have been no ESA50 issued, this may count against her as the assessor will have no understanding of her current conditions and limitations, you can complete one and take it to the appointment. Whilst the decision to this must be hers/yours, no ESA50 could be an advantage should an appeal be required.
If the worst happens and she is found Fit for Work (not due to a failure to attend), then you can appeal the Decision, the first stage to this is to request a Mandatory Reconsideration. MRs are taking about 6-8 weeks on average although they can be quicker and unfortunately, slower, during this period your daughter is not entitled to any payments. She can claim JSA with no fault to her ESA appeal, but she will be required to sign a Job Search agreement and whilst she should be able to modify it to take account of her limitations, if she fails to meet the requirements she can be sanctioned and in the extreme, her JSA claim can be closed.
Once the MR process is completed she can lodge an appeal with the Tribunal Service and once this is accepted, the ESA Assessment rate should be payable.
If you decide to complete the ESA50 there is a downloadable version available
Using The PDF Version Of The ESA50 Questionnaire
Whether you do or not I would recommend you reading the current ESA Claim guides as the ESA Descriptors and Regulations have been updated since she was last assessed.
The MR and Appeal process is covered in our guide.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If we can be of any further help, please reply to this post and we will do our best to help.
Gordon
I am afraid that there is no point your contacting the DWP about the assessment, they defer all medical matters to ATOS and will only deal with the claim again when your daughters file is returned to them.
You can try and get a home assessment if this would be easier on your daughter, however, you will need the support of her GP to write a letter detailing why she cannot attend at an ATOS office and I think it likely that her attending the Work Programme interview will count against her making it unlikely that it will be granted, but you lose nothing by trying.
If she does not attend the arranged appointment, ATOS will offer a second one, if she fails to attend again then the most likely result is that her claim will be closed.
I note from your post that there appears to have been no ESA50 issued, this may count against her as the assessor will have no understanding of her current conditions and limitations, you can complete one and take it to the appointment. Whilst the decision to this must be hers/yours, no ESA50 could be an advantage should an appeal be required.
If the worst happens and she is found Fit for Work (not due to a failure to attend), then you can appeal the Decision, the first stage to this is to request a Mandatory Reconsideration. MRs are taking about 6-8 weeks on average although they can be quicker and unfortunately, slower, during this period your daughter is not entitled to any payments. She can claim JSA with no fault to her ESA appeal, but she will be required to sign a Job Search agreement and whilst she should be able to modify it to take account of her limitations, if she fails to meet the requirements she can be sanctioned and in the extreme, her JSA claim can be closed.
Once the MR process is completed she can lodge an appeal with the Tribunal Service and once this is accepted, the ESA Assessment rate should be payable.
If you decide to complete the ESA50 there is a downloadable version available
Using The PDF Version Of The ESA50 Questionnaire
Whether you do or not I would recommend you reading the current ESA Claim guides as the ESA Descriptors and Regulations have been updated since she was last assessed.
The MR and Appeal process is covered in our guide.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If we can be of any further help, please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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