Atos strikes again

Hi,

Having used your guides I was transferred from Invalidity Benefit paid for by Income Support to ESA and much to my surprise was put into the support group without a medical last year. The awarding letter stated that I would not receive less money, so far so good as in fact the amount went up.

Two weeks ago I attended an ATOS medical. It was long (hour and a half) and focused mainly on the reason I was placed in the support group. The report as expected is full of errors, omissions and assumptions. One problem, the HCP (who had led me to believe that she was a doctor) refused to accept the symptoms that I described saying it was not possible. My lapse because I didn't think forward and take supporting evidence from my GP or Consultant for every little detail.

A week later I received a letter asking me to attend a Work Focused Interview. Ok I thought that means they've moved me out of the support group. Had to phone DWP to ask for confirmation and an explanation. New letter states weekly benefit that will be less than I was receiving from Income Support last year.

Last year I successfully represented my daughter at a tribunal so I'm aware of the course to take but really don't have the mental strength to deal with all the paperwork. Just wanted to warn others of the pitfalls.

Thank you Gordon for your advice (1 month 7 days ago) with regard to a negative report from ATOS which meant I was transferred from the Support Group to the WRAG group.

I requested a reconsideration of the DWP decision writing a brief letter to describe why I felt the ATOS report was wrong and enclosed a supporting letter from my GP. Whilst waiting I also attended the WFI. The lady at the interview was very supportive and really couldn't suggest anything for me to do, work, voluntary or otherwise.

Yesterday I received a letter saying that they had looked at my claim again following a recent change. The only mention of 'Support Group' is listed under 'Limited capability for work addition'. Could you please tell me what type of form I should ask for so that I have a copy of their revised decision and how it was decided?

Merged topics for continuity.

bro58

mddyq wrote: Thank you Gordon for your advice (1 month 7 days ago) with regard to a negative report from ATOS which meant I was transferred from the Support Group to the WRAG group.

I requested a reconsideration of the DWP decision writing a brief letter to describe why I felt the ATOS report was wrong and enclosed a supporting letter from my GP. Whilst waiting I also attended the WFI. The lady at the interview was very supportive and really couldn't suggest anything for me to do, work, voluntary or otherwise.

Yesterday I received a letter saying that they had looked at my claim again following a recent change. The only mention of 'Support Group' is listed under 'Limited capability for work addition'. Could you please tell me what type of form I should ask for so that I have a copy of their revised decision and how it was decided?

Hi mdd,

Are you sure that you have been placed back into The SG ?

Does the letter mention "Support Group Component" which is currently £35.75/Week?

Benefit Rates 2014

Does the letter mention that you have Limited Capability for Work Related Activity. (LCWRA) ?

bro58

Hi mdd,

On the assumption that you have been placed back into The SG by way of a Mandadtory Reconsideration. (MR)

If you already have the ESA85 Medical Report from the "Medical" that caused you to be placed into The WRAG, then there is no need to request that.

I doubt very much that there will be another medical report.

You could request The LT54 Form and all other documentation used in coming to the revised SG decision.

A description of an LT54 can be found at the bottom of this list :

ESA Forms

There may also be an ESA113 questionnaire, if one was sent to your G.P.

To cover all bases, you could make a SAR for "All" documentation used in coming to The SG decision.

You could also pose particular questions, e.g. :

1. Reasons why you were placed into the SG, including which of SG descriptors were applied. Whether it be one or more of The Schedule 3 Functional Descriptors, or The ESA Regulation 35 Non Functional Descriptor.

2. The prognosis of the SG award, and when you should expect to have your next reassessment.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP or ATOS

You could phone : 0345 608 8545 Press Option 3 for ESA, the earlier in the day the better.

They may be able to confirm that you have been placed into The SG, and the recommended date of when you should be reassessed.

bro58