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Incapacity to ESA ATOS test without form?

  • bro58
10 years 10 months ago #103955 by bro58
Replied by bro58 on topic Incapacity to ESA ATOS test without form?

rococo wrote: hello - thanks for this! I will cut and paste this for the likely rebuke to my complaint to ATOS which I sent last night along with a request for recording.

I tried calling my local IB to ESA team today and had the phone cut off 10 seconds into the call after waiting for ages, however they have sent me a complaint guide and envelope in the post so I guess im going to have to do a snail mail or try and ring again tomorrow.

Im no benefits virgin and have been through the ringer a few times but the way they wear you down with all this tooing and froing and losing documents etc is very wearing :(


Please keep us updated, r.

bro58

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10 years 8 months ago - 10 years 8 months ago #106843 by rococo
Replied by rococo on topic Incapacity to ESA ATOS test without form?
Hello,

just here with an update and a couple of extra questions.

The DWP have not got back to me about my written complaint at all - not even an acknowledgement - after the phone bill I got for calling them before I am loath to call to chase up - is 8 weeks normal for them to not have got around to me?

They DID however cancel my ATOS test - which was great news for me until it backfired and I heard from them at the weekend saying I have been put in the WRAG group - I went into detailed explanation for the descriptors around:
13 - Starting/finishing tasks
14 - Coping with changes
16 - Coping with social situations
16 - Behaving appropriately

among others but the above which I stressed were on a regular basis for me I had thought were descriptors for the Support Group - have I got this wrong?.

Im in a mad panic - they seem to have ignored these descriptors and the letter took 10 days to get to me which means I have very little time for an appeal and I am too unwell to do it without help at the moment and it would take me a couple of weeks to get professional help.

Ive heard that you can ask for the decision to be looked at again before you start an appeal? nothing in their letter about this though - could you advise?

Many Thanks
Last edit: 10 years 8 months ago by Gordon.

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10 years 8 months ago #106854 by Gordon
Replied by Gordon on topic Incapacity to ESA ATOS test without form?
Rococo

The DWP Complaints procedure is detailed on the following

www.gov.uk/government/organisations/depa...complaints-procedure

According to the page they should respond within 15 working days, so they are long overdue to respond yours and I would recommend that you chase them up about it.

In regard the WRAG award, it is not a question of them ignoring the descriptors for the Support Group, but rather that they do not agree that you meet them, so you need to show that they are wrong.

You can ask for a Reconsideration, a new Decision Maker will review the paperwork in your file and anything you send into see whether they can revise the Decision. If they do not you can then appeal.

A Reconsideration may take 13 weeks or more.

However, we recommend appealing from the outset, a Reconsideration will still be done and you may well save several weeks if not months if the process goes to the Tribunal Service.

The timescales for submitting further information to the DWP is the same either way, if indeed you have any that has not already been sent

In either case have a look at the following.

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 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)

Do I have to attend WFIs while I appeal?

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
The following user(s) said Thank You: rococo

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10 years 8 months ago - 10 years 8 months ago #106863 by rococo
Replied by rococo on topic Incapacity to ESA ATOS test without form?
Thanks Gordon,

I will chase the complaint asap and look at the guides tonight regarding Appeal - just so I am completely sure - it is possible to get the support group with those descriptors I mentioned isn't it? Also when you say they disagree - are you saying they think those descriptors don't apply to me, that my information is faulty some how ? I have a consultant letter backing me up completely. Im just worried at putting myself through an appeal if these arnt considered strong enough points to base my case on.

I was previously on IB ( which had a very similar explanation from me as to my health problems and passed two ATOS tests and an appeal) and have just successfully got my DLA extended for 5 years based on exactly the same evidence
Last edit: 10 years 8 months ago by Gordon.

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10 years 8 months ago #106868 by Gordon
Replied by Gordon on topic Incapacity to ESA ATOS test without form?

rococo wrote: Thanks Gordon,

I will chase the complaint asap and look at the guides tonight regarding Appeal - just so I am completely sure - it is possible to get the support group with those descriptors I mentioned isn't it? Also when you say they disagree - are you saying they think those descriptors don't apply to me, that my information is faulty some how ? I have a consultant letter backing me up completely. Im just worried at putting myself through an appeal if these arnt considered strong enough points to base my case on.

I was previously on IB ( which had a very similar explanation from me as to my health problems and passed two ATOS tests and an appeal) and have just successfully got my DLA extended for 5 years based on exactly the same evidence


All four of the descriptors; 13,14,16, and 17 can place you in the Support Group.

Because all of the descriptors. not just the ones you refer to, have different levels of capacity, for example descriptor 17 refers to daily, frequent and occasional episodes of aggressive or disinhibited behaviour, there will always the potential for disagreement as to what level a claimant meets. In this case, to be placed in the Support Group you would need to have daily episodes and this would need to be supported by your evidence.

It is also important to take the descriptors exactly as written, so daily means exactly that, it does not mean every other day or even every 24 hours and 1 minute, it means at least once every single day.

You may get a better idea of how you stand by reviewing the ATOS assessment of you. One of the links I have already posted explains how to request this and other documents.

Only you can decide whether your case is good enough, If you believe you meet the requirements for the Support Group on these descriptors then you should certainly consider challenging the Decision.

Whilst this should not be a factor in your considerations, while you remain in the WRAG your Contribution Based ESA will only be paid for 365 days, after this you will only continue to receive payment if you also qualify for Income Related ESA. This time limit will not apply if you are moved to the Support Group.

Gordon

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

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