What happens if appeal / tribunal fails

I am writing this on behalf of my husband who is in a bit of a state over the way he is being treated by ATOS.

He is 32 and was injured in a work accident that occured in 2008. He is unable to use his right arm with any real regualarity and has severe problems with pain in his cervical spine. He has to take upto 20ml of morpheine on a daily basis to try and control some of the problems, but this in itself is creating plenty of other issues such as confusion, memory loss, vertigo and dizzyness etc.

He attended an ATOS medical, but was only awarded 9 points. This was for manual dexterity.

He failed to score any points for any other catagory, even though on the majority of days he is unable to walk around the house properly due to the pain, because his pain is fluctuating, he is able to walk further on good days. The ATOS examiner has taken that to mean can do it on a regular basis, which just is not true.
The ATOS examiner, aslo ruled that becuase he is able to use his left hand / arm, then he is able to lift above head height and is able to lift objects up. This however goes against the medical evidence he has from orthapedic specialists, who state he shouldnt be expected to use either arm above head height.

My husband has subsequentley launched his appeal, but was very shocked to see that despite a 4 page letter being sent to explain the associated probelms he suffers, which was designed to show that he can only do things some of the time, such as sitting and standing and included the written medical evidence that supports his claim, it was again rejected.

Atos/ DWP have failed to contact his GP or specialists so have ruled with no prior medical knowldege of his condition and it would seem have choosen to ignore the opinions of some of the best specialists in the country,in favour of a medical examiner who has failed to submit critical data in his report that he was informed of at the time.
[short phrase deleted by moderator] the ATOS examiner stated the appointment lasted 1 hour and 25 minutes and he took a further 7 minutes to write the report. The actual examination lasted less than 25 minutes, although I have no doubt the report only took 7 minutes!
He also stated that my husband coped well at the interview, [short phrase deleted by moderator]
My husband has also been diagnosed with a severe adjustment disorder and depression and that they are both clincally significant.

We have since sent another 6 page letter to the tribunal service, however, we are both very concerned that the tribunal service will do as the previous party did and just continue to rule that he is fit for work.....

so, my question is,
if this does happen, what will happen when he has to try to claim job seekers allowance, as he is simply physically and to a certain degree mentally incapable of work. He will truely struggle to attend any interviews and actually asking him to work is just unrealistic.
He fears he is going to have his job seekers stopped because, he wont be able to do what they require. What happens if this comes to pass?

Many thanks.
Delyth.

We do not advise on JSA on here. However, it is my understanding that a disabled person can reasonably restrict what sort of work they look for, and therefore if your husband finds himself on JSA, I would strongly urge him to check out what, if any, restrictions he can place on the sort of work he is expected to apply for.

If he is refused ESA by the tribunal, he will be regarded as fit for work by the DWP and therefore if he claims JSA, he will need to take advice on his specific obligations in respect of that claim.