Fit for work decision, should I appeal?

Hi,
I was wondering if anyone can advise , I have just been informed my claim for ESA was not successful following a medical assessment from atos.I suffer from osteoarthritis and fybormyalgia which was diagnosed two years ago. I and to give up work on may as it became impossible to continue, I had worked for the company for 30years.
I can not walk at all due to severe pain and have been in receipt of the higher rate of mobility for 15 years ,I have recently been awarded the higher rate of the care component dla yet scored zero points in my wca.
During the atos assessment the doctor said that he would not ask me to carry out any of the exercises has he did not wish to cause me further pain as it was obvious how much pain I was in, however in his report he said that I declined any further examinations, he also reported untruthfully in other ares such as me handling paperwork when it was my husband who gave him the letters.

I have confirmed with the dwp that they did not contact my consultants or gp of which I had provided them the details with. I have worked all my life and at the age of 58 will not be eligible to receive state pension until 66yrs old but I physically and mentally can no longer continue to
I feel I have a good case to appeal but am frightened that if I highlight my dla award that they will stop this as well.
Thanks in advance
Jannigran

Jannigran wrote: Hi,
I was wondering if anyone can advise , I have just been informed my claim for ESA was not successful following a medical assessment from atos.I suffer from osteoarthritis and fybormyalgia which was diagnosed two years ago. I and to give up work on may as it became impossible to continue, I had worked for the company for 30years.
I can not walk at all due to severe pain and have been in receipt of the higher rate of mobility for 15 years ,I have recently been awarded the higher rate of the care component dla yet scored zero points in my wca.
During the atos assessment the doctor said that he would not ask me to carry out any of the exercises has he did not wish to cause me further pain as it was obvious how much pain I was in, however in his report he said that I declined any further examinations, he also reported untruthfully in other ares such as me handling paperwork when it was my husband who gave him the letters.

I have confirmed with the dwp that they did not contact my consultants or gp of which I had provided them the details with. I have worked all my life and at the age of 58 will not be eligible to receive state pension until 66yrs old but I physically and mentally can no longer continue to
I feel I have a good case to appeal but am frightened that if I highlight my dla award that they will stop this as well.
Thanks in advance
Jannigran

Hi Jg,

I have given your post its own topic, for clarity.

Sorry to hear this.

We have heard from members where a fit for work decision has instigated a review of an existing DLA award.

This could occur whether you choose to appeal or not.

If you look at this logically, it may be more likely for a DLA review to take place if you don't challenge the comments in The ESA85 Medical Report, and the subsequent fit for work decision, as this could imply that you are agreeing with the decision.

I cannot say definitively whether an ESA appeal would have an adverse effect on your DLA, or not.

It would depend on how and why you were given the DLA awards, and whether anything in the ESA85 was in conflict with those awards.

Therefore, you can either seek professional advice :

Where to get advice?

Or make the decision yourself.

If you do wish to appeal the fit for work decision, you only have one month from the date of the decision notice letter to do so.

This can be done by filling in and returning the GL24 appeals form which can be downloaded from the link on this page :

How to submit an appeal

From our : Appeals FAQ’s

You will also have to obtain a Med 3 "fit note" from your G.P. to cover you from the active date of the fit for work decision :

Do I need to provide a Fit Note?

You should send the Med 3 with the GL24, keeping copies of both :

Sending Documents to the DWP or ATOS

Once your appeal is accepted, you should then be entitled to assessment rate ESA, which is currently £71.70 for a single over 25 years old.

Your only other option would be to claim JSA, if you can.

See also :

Our ESA Claims Guides under the heading of : "New ESA50 form"

On this page :

ESA Claims Guides

There is also an ESA Appeals Guide on the same page.

You can also have a look at :

ESA FAQ’s

Disability Rights UK Factsheet - Appeals and reconsiderations

&

MOJ Video of ESA Appeals Process and Tribunal

You might want to Bookmark/Favourite this page so that you can return to it easily to pose any further question.

bro58