esa

hi
i am in need of help..i have few questions and need advice...i have to attend a 2nd atos medical..i had one last year for my sister..who has learning difficulties..(brain damaged at birth)..we scored 0 points..(to my utter fury).. and her benefit was stopped...we made an appeal with the help of an advice org...in turn i recd a letter stating as follows....that the decision has been revised in your favour due to lack of supporting evidence and you have been placed in the assessment phase pending a further medical...although she has been in assessment phase for well over a year...does anyone know what this 2nd medical is for?...has anyone been thru this?...does anyone know what to expect?....i am now at my wits end as it has been dragging on since i first applied for benefit nearly 18 months ago...and this whole process is affecting me really badly...and the stress and pressure is now affecting my health..and my sister has no one else but me and my husband....CAN ANYONE HELP ME...I WOULD BE REALLY GRATEFUL FOR AS MUCH ADVICE AS POSSIBLE..

Hi julieg,

You really need to go back to that advice agency as there's something not right here.

If your sister was found capable of work and appealed and the DWP revised their decision, then it would be unlawful to place her back in the assessment phase. they could only lawfully have placed her in the work-related activity group or support group. Otherwise the appeal would have to have been held.

So either the DWP deliberately misled the tribunals service or some sort of error has occurred. You need face-to-face support from someone who can see the correspondence and talk directly to the DWP.

Good luck,

Steve