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IB-ESA reward length. Appeal?

  • special k
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12 years 9 months ago #91304 by special k
IB-ESA reward length. Appeal? was created by special k
My husband was reviewed for ESA and was placed into the WRAG. We feel he should be in support but he is happy to stay in WRAG as they cannot force him to take work he so obviously cannot do.

Anyway the award length is just 6 months. The ESA85 states that he will improve within 6 months?
This will mean yet another Medical with Atros in just three months time. we got the letter a couple of days back and the ESA85 today (thanks to information on this site)

We did however give supporting evidence from a psychiatrist and doctor that gives him a GUARDED prognosis and states he is unlikely to ever improve with both his physical and mental illnesses.
I thought Atos was meant to give an opinion in line with medical evidence? the report was complied two years ago when he was last awarded 0 points in a medical but subsequently won an appeal.

I know you cannot comment on individual cases but my question is this:

Do we appeal? can we appeal only the length of the award? he is unlikely to EVER improve and this evidence was given to both Atos and the DWP DM.
My husband isn't that concerned that he isn't in the support group even though he is seriously ill both physically and mentally.

An appeal may push him over the edge again as he spent six months solid confined to a bed due to the stress of this last time.

Appealing for support group runs the risk of getting reduced to JSA but we are more concerned with the ATOS report and subsequent DM decision that he will make improvements within 6 months. he has been ill now for many years and will not recover.

Can ATOS and DWP ignore medical evidence even though they are meant to be giving decisions in line with it?

So confused.

Thank you

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12 years 9 months ago #91309 by slugsta
Replied by slugsta on topic Re:IB-ESA reward length. Appeal?
The ATOS 'prognosis' doesn't actually mean that your husband is expected to have miraculously improved within 6 months, it is just a suggestion as to when he should be reassessed. The length of the ESA award is not fixed, DWP can reassess whenever they want, and is therefore not appealable.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 9 months ago #91312 by Gordon
Replied by Gordon on topic Re:IB-ESA reward length. Appeal?
special k

ESA awards are actually indefinite, but are punctuated with regular assessments that can change or remove the award, as such the the re-assessment date does not form part of the Decision and therefore cannot be appealed.

Your decision to appeal or not should therefore be based on whether you believe your husband meets the Support Criteria or not, it is also important to note, that whilst rare, it is perfectly possible to be re-assesed in six months when placed in the SG as well as the WRAG.

You might want to have a look at the following FAQs

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • special k
  • Topic Author
12 years 9 months ago - 12 years 9 months ago #91316 by special k
Replied by special k on topic Re:IB-ESA reward length. Appeal?
Thanks Mrs Hurtyback.

It would however seem that they have disregarded the medical evidence when deciding the next assessment date?
Another assessment will take place in three months from now. We have been told this by the DWP.

Just seems odd that we have a prognosis from medical experts thats not inline with Atos/DWP decisions.

Reassessments so soon after each-other is just so punishing to my husbands wellbeing.
The assessment process is hard enough on its own.

Would asking the DWP to carry out a reconsideration based upon the medical evidence, help to improve the amount of time before the next assessment?
Last edit: 12 years 9 months ago by slugsta.

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  • special k
  • Topic Author
12 years 9 months ago #91326 by special k
Replied by special k on topic Re:IB-ESA reward length. Appeal?
Thank you gordon.

In this case we have to decide to appeal of not based upon the stress levels involved.
Appeals take so much from him and has even led to serious self harm.

What we feel is right or correct often doesn't come into it when dealing with the new benefits system. We just have to survive on what and where we can.

The duration between tests is important to wellbeing.. more so that the award of support or WRAG.

The HCP at ATOS struggled to cope with my husband and was rude and did nothing to put him at ease. We have a secret recording of the medical.
However after complaining last time of the HCP actions that led to formal apologies all the way to the head of DWP we feel that complaining again will only make us look like we are doing so due to an less than favourable decision and not just down to the manner in which he was treated.

We are struggling so much.

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12 years 9 months ago - 12 years 9 months ago #91327 by Gordon
Replied by Gordon on topic Re:IB-ESA reward length. Appeal?
special k wrote:

Thanks Mrs Hurtyback.

It would however seem that they have disregarded the medical evidence when deciding the next assessment date?
Another assessment will take place in three months from now. We have been told this by the DWP.

Just seems odd that we have a prognosis from medical experts thats not inline with Atos/DWP decisions.

Reassessments so soon after each-other is just so punishing to my husbands wellbeing.
The assessment process is hard enough on its own.

Would asking the DWP to carry out a reconsideration based upon the medical evidence, help to improve the amount of time before the next assessment?

Unfortunately, the ATOS medical report often disagrees with a claimants own evidence, to one degree or another, whilst the Decision Maker is required to evaluate all the evidence, they are entitled to assign their own weights to it.

I am afraid asking for a Reconsideration or appealing the Decision will have no effect on when your husband is re-assessed, unless it results in a new Decision before the process has initiated.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 9 months ago by Gordon.

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