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11 years 10 months ago - 11 years 10 months ago #108031 by Henry Chinaski
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So... the dreaded letter came back with a score of 0 points. I could throttle the ATOS "nurse" with my bare hands if they were not so weak. Where to now, other than the GL24 and "fit notes" from my GP?

What worries me more is what will happen regarding my housing benefit when the time comes (in the 3 weeks) that my ESA ends and I go back to being paid at the assessment rate as I wait to appeal? As you may guess, going on JSA is not an option.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago - 11 years 10 months ago #108034 by Gordon
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HC

I am sorry to hear your result.

If you get your appeal and Fit Notes sent to the DWP before the 3 weeks elapses then you can contact your Local authority and it should be possible to continue your Housing Benefit without interruption.

In terms of an appeal have a look at

Our ESA Appeal guide

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

and the following FAQs

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the WRAG

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

12 Month Limit for ESA(CB)

If you have more questions, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago - 11 years 10 months ago #108037 by Henry Chinaski
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Thanks Gordon, already got it downloaded! Off to see the advisers I saw recently again on Wednesday, and with a bit of luck they may point me in the right direction re representation. The ESA65 I received was very unpleasant though, and would look terrible at a tribunal, and reading between the lines it appeared the ATOS "nurse" [edit] and the DM swallowed those [edit] hook, line and sinker. I'll be requesting a copy of my ESA85 when I send off the GL24 and fit note so that I can appeal; any other paperwork I need to ask the DWP for?
Last edit: 11 years 10 months ago by .

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11 years 10 months ago - 11 years 10 months ago #108041 by
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Henry Chinaski wrote: Thanks Gordon, already got it downloaded! Off to see the advisers I saw recently again on Wednesday, and with a bit of luck they may point me in the right direction re representation. The ESA65 I received was very unpleasant though, and would look terrible at a tribunal, and reading between the lines it appeared the ATOS "nurse" [edit] and the DM swallowed those [edit] hook, line and sinker. I'll be requesting a copy of my ESA85 when I send off the GL24 and fit note so that I can appeal; any other paperwork I need to ask the DWP for?


Hi HC,

I would request any ESA Documents as a separate issue in a separate envelope.

You should only include your GL24, and fit note in the envelope regarding your appeal. (Keep copies)

Sending Documents to the DWP or ATOS

Your first and second fit notes can not be for longer than 3 months, your 3rd and subsequent ones can be for 6 months or longer.

There will definitely be an ESA85, there may also be an ESA85S (PSS) as a written add-on to the ESA85, there will also definitely be an LT54.

To cover all bases, you could request All documentation used in coming to the decision.

You can do this by issuing a SAR :

SAR Form Download

From this page :

DWP Data Protection Policy

Address the envelope for the SAR : FAO DWP Data Controller, at the address of the Benefits Office on your decision notice letter.

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

Once the DWP receive the SAR they have 40 calendar days to comply.

See the lists on the links below for potentially available ESA Documents : ESA medical – what forms to ask for?

ESA Forms

Do not miss your one month deadline to appeal, if the documentation has not arrived, you can always add comment to your appeal regarding them, when they do.

bro58
Last edit: 11 years 10 months ago by .

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11 years 10 months ago #108045 by Henry Chinaski
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Great stuff there bro58, that'll be really helpful once the time comes, and thanks for the tip about sending everything separately.

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