Failed an ESA ATOS medical, here are my tips: 1. Firstly if you follow our tips you shouldnt fail, but say that you do, the examining professional will have wrote the report the ESA 85 usually, which will encourage the DWP Decision Maker to give you the lowest possible mark they can, you should ALWAYS challenge their decision and ask for a copy of this report and a breakdown scoresheet. If it comes and you cannot read the handwriting, then request it be translated and typed. Not only that but we recommend that you should always do a SARs request for any information ATOS and the DWP hold on you from your first ever contact up to the present. This can bring forward old medical reports in your favour, so you can argue if 2 previous doctors said you were unfit for work, then what medical knowledge has to nurse who assessed you to overturn the 2 ATOS GPs previous decisions? 2. Appeal Appeal Appeal, read our notes on doing this as the appeal procedure has changed, and you need to ask for a reconsideration before you lodge an appeal, (see the forum and here notes or ring/email for help.) Surprisingly lots of people just accept it and sign onto JSA. Simply by appealing you can get a different decision maker to overturn the decision. 3. Try to draw the process out by asking for further information from DWP, you must write to ask for reconsideration (see template letter) within a month, send in every bit of new evidence you get stating at the bottom that if they fail to reconsider, you want this letter included in the evidence bundle and passed to tribunal services, and make sure that send this reconsideration letter and new evidence to the tribunal service too, this serves to undermine their power over you puts some power into your hands. They will most likely ignore your requests, but all the info goes in the bundle of documents and the judge can then see how persistent you were and how they ignored you. (Doesnt look good on DWP.) 4. Always go the distance with your appeal, always go accompanied and NEVER give up. Make sure you read all of our notes and forum entries, and use our templates to challenge everything, look for mistakes in the report etc. Ring us for free advice if you are unsure of something and remember we do attend and will advocate for you if you are unable to cope on your own. 0161 8831310 If you fail at tribunal try to find a way to challenge that, you must write to the court for written reasons for the decision, this can take a few months, and there must be an error of law, not just because you disagree with the decision, ie the judge failed to consider medical evidence relevant to the time of the decision or made a material error, in the meantime reapply as an error of law is relatively difficult to find. If you have no grounds then REAPPLY, even if your contribution based ESA had ran out, it maybe that you can use a different years contributions, or you could receive an underlying entitlement to it, and just keep trying to get into support group, where your money will start again. Once your foot is in the door the key is to persist they do back down... If you are stuck then ask on here, there are many many qualified welfare rights workers, and other people willing to share their experience with you.. Michelle
Posted on: Sun, 10 Aug 2014 15:03:00 +0000
Trending Topics
Recently Viewed Topics
© 2015