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ESA 0 points disallowance decision review won!

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12 years 1 month ago #92174 by NigelB
I attended an Atos medical and although the nurse appeared to accept and report my problems with mobility the end summary of the report was Fit for return to work. The medical was in June and it took around 12 weeks for the decision to be made!
The Atos report and Decision Makers assessment contained the information that I could walk around 20 yards before having to stop due to pain and then would be able to walk another 20 yards (which is not exactly what was said as the distance actually decreases each time).
After this statement the Decision Maker then stated "they can therefore mobilise more than 200 metres on level ground without stopping" !
The Decision Maker awarded 0 points for part 1 of the test regarding moving around.

I really did not feel comfortable with lodging a proper appeal at the moment as I have just come out of hospital and I am not fully recovered so I decided to ask for a review of the decision.
I stated in the review request that there was no evidence in the Atos report to substantiate the statement made by the DM and pointed out that I am already in receipt of DLA Mobility Higher rate which was obviously based on consultants reports etc. I also asked them to provide a copy of any other evidence they had used to make the decision bearing in mind the wording of the assessment!

I received a partly hand written ESA65 and computer printout of the original decision on Monday with no other information or documents so I rang the call centre who then got someone from the section handling the review to ring me.
The person I spoke to said they have reviewed the original decision, I have been placed me in the support group and he did not know why someone had sent the ESA 65 which was sent on the same dy as he had done the reviewed decision!

So I am now waiting for a copy of the revised decision and arrears but it may be useful to note the review of the decision only took 1 week :)

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  • bro58
12 years 1 month ago #92177 by bro58
NigelB wrote:

I attended an Atos medical and although the nurse appeared to accept and report my problems with mobility the end summary of the report was Fit for return to work. The medical was in June and it took around 12 weeks for the decision to be made!
The Atos report and Decision Makers assessment contained the information that I could walk around 20 yards before having to stop due to pain and then would be able to walk another 20 yards (which is not exactly what was said as the distance actually decreases each time).
After this statement the Decision Maker then stated "they can therefore mobilise more than 200 metres on level ground without stopping" !
The Decision Maker awarded 0 points for part 1 of the test regarding moving around.

I really did not feel comfortable with lodging a proper appeal at the moment as I have just come out of hospital and I am not fully recovered so I decided to ask for a review of the decision.
I stated in the review request that there was no evidence in the Atos report to substantiate the statement made by the DM and pointed out that I am already in receipt of DLA Mobility Higher rate which was obviously based on consultants reports etc. I also asked them to provide a copy of any other evidence they had used to make the decision bearing in mind the wording of the assessment!

I received a partly hand written ESA65 and computer printout of the original decision on Monday with no other information or documents so I rang the call centre who then got someone from the section handling the review to ring me.
The person I spoke to said they have reviewed the original decision, I have been placed me in the support group and he did not know why someone had sent the ESA 65 which was sent on the same dy as he had done the reviewed decision!

So I am now waiting for a copy of the revised decision and arrears but it may be useful to note the review of the decision only took 1 week :)


Hi NB,

That is great news !!! a really quick revision also !!! :)

Well done for challenging the decision, and winning.

Thanks for letting us all know.

bro58

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12 years 1 month ago #92181 by slugsta
That is great news, thank you for letting us know :)

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

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12 years 1 month ago #92184 by Noodles
Made up for you.

Well done for not giving up.

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