ESA Form and ATOS Medical Assessment

Hello

I recently filled in an ESA50 form. I was called in for an ATOS medical and placed in the Work Related Activity group which I felt was incorrect.

I received my medical report and on reading this it became clearer that this was wrong due to my meeting the criteria for the support group. I also requested a copy of my points score from my ESA50 form and this was over 15 on more than one descriptor.

I suffer from multiple medical conditions and was led to believe at the medical that I should be put in the support group due to my serious medical conditions.

Is there anyone who can inform me as to what I should do next?

Thanks

Pusscat

Hi Pusscat

You can appeal against the decision to place you in the WRA group but there is a risk, as tribunals can take away points when reassessing the case, and find some appellants fit for work. This risk will be much lower if you have solid claims that you score at least 15 points.

There is a comprehensive guide to ESA appeals in the members' area which explains how to lodge an appeal and guide you through the process. If you are uncertain about anything it would be safest to seek face-to-face advice from the CAB or other welfare rights office.

You have one month from the date of the DWP letter informing you of the decision, to appeal.

Best wishes

Derek

Hi Derek

Thanks for that info.

I have solid evidence that I score the 15 points, and over because I requested my points total and it has been sent out to me.

I also believe the entitlement for the Support Group is one descriptor from the ATOS medical list which I have, in black and white on my medical form.

I know they are trying to get people off benefits, but I can't believe that someone quite obviously unable to work can have this happen to them. It makes a mockery of the whole system.

Pusscat

Hi Pusscat

When I said 'solid claims that you score at least 15 points', I meant be able to put up a solid argument that you are entitled to at least 15 points. Although you scored more than 15 points in your medical, tribunals have the power to deduct points away when reassessing claimants.

Therefore there is a risk when appealing to get into the support group. I certainly would not discourage you from appealing, this is just to make sure you are aware of the risk and can seek advice if necessary.

Best of luck

Derek

Hi Derek

Thanks for the info, sorry, my misunderstanding.

I have significant visual problems and also some continence problems (I wont' go into), so I definitely have the necessary problems that entitle me to 15 points.

I'll speak to my doctor and see if he's okay to do me a letter in support of me being unable to work and take it from there, I'll explain the importance of it being done soon and I'm sure there won't be a problem

Thanks

Pusscat

Hello

Just thought I'd update on what's happening.

I've been in-touch with a lady I saw at the JobCentre for a Pathways to Work interview a while back, she said I was too ill to be helped and there would be nothing they could do for me.

I explained all that has happened and she said I shoudl definitely appeal especially with all the info I had given her regarding my medical. So I am going to, I am still waiting to talk to my doc though as I need a letter from him, but I have already typed my appeal letter using the guides on this site.

Pusscat