Writing ESA mandatory reconsideration letter?

jp7152

Welcome to the forum.

Based on your post there are two options to pursue.

You say that the assessor has referred to as a female, has this occurred throughout the report? If it has then I believe you have a good case for having the report thrown out, such comments would have been logged into the report during the assessment so it is difficult to see how this can be considered an error, after the fact, Things to check are that the correct name and National Insurance Number are printed on each page.

You will need to make a formal complaint to ATOS about the report

Complaining to ATOS Healthcare

However, even if the report is withdrawn it will not result in an award of ESA, this will only happen if you can show that your meet the ESA Descriptors sufficiently to score 15 points for the WRAG or that you meet one or more of the Support Group Descriptors.

Whilst you should inform the DWP that you have made a formal complaint about the ATOS report, until the report is withdrawn (if it is), the the DWP will still view it as valid.

With regard the MR, see are ESA MR & Appeal Guide on how to submit an MR, there are template letters in this section as well.

www.benefitsandwork.co.uk/help-for-claimants/esa1

ESA assessments use indirect assumption to test a claimants capabilities, as an example; if you can watch the TV, then it will be assumed that you can sit for long periods of time, that you do not have problems with your sight or hearing, that you are able to concentrate, etc..

It is really important that you fully understand the ESA Descriptors that you are being measured against, as an example; the Standing and Sitting Descriptor looks at a claimants ability to remain at a workstation, standing, sitting, or a combination of the two, so even though you were in pain while sitting during the assessment, you remained seated (as at a workstation) and therefore could easily be regarded as failing the test, basically you did not walk away from the workstation.

So, you need to go through each of the Descriptors that you think you should score points for and explain why you should and where the ATOS report is in error. Basically go back to the ESA Claim guides and re-write your ESA50 based on the comments on the report. In the above example you need to highlight that you were in significant discomfort or worse while you were seated and that the period should therefore be excluded.

If you have any questions on the above, please reply to this post.

Gordon

JP

ATOS assessment reports seem to be wither good or very bad, we rarely hear of one that is mediocre! The process is controlled by a computer program which unfortunately makes it all to easy for the assessor to perform the interview on auto pilot, so I am not surprised by the missed Mobility points.

There are two aspects to the MR process, making the request for an MR, which does not require you to be detailed, but should be made as quickly as possible and then as a separate activity, attempting to get he original Decision overturned.

So in your request for an MR you could mention the ESA Descriptors that you think you should have scored points for but you don't have to go in to detail, just make them aware that you will be sending additional information within the next four weeks.

Gordon

jp7152 wrote: I have written out some details to send, would it be OK to post it and see what you think of it?

Thanks

As much as we would sometimes like to, we cannot give detailed personal advice on the forum, if you have based your MR request on the templates in the members only area then I am sure it will be fine, remember you are not trying to cover all the bases today, just request the MR.

Take your time going back through your ESA50, your evidence and the medical report to show why you meet each of the ESA descriptors and why and then show why the ATOS report is incorrect in that area.

If there is anything you do not understand, then please ask as that is something we can help with.

Gordon