Failed Atos Medical

[sparkles2010]

Hi folks have heard today that i have scored no points on my medical at ATOS , what do i need to do next with regards to appealing?

[sparkles2010]

UPDATE: Have just got off the phone to BDC in Aberdeen, have asked for a copy of my medical the lady i spoke to was very helpful, and has booked me an appointment for tomorrow at 9.30am

 

at my local jobcentre to get my GL24 faxed over to BDC.

 

She said to put in the appeal a request for my notes from my medical which i have done, have been told to ring back tuesday and ask if they have recieved my appeal,and then make sure i sort my payments out

 

as i am due to be paid on thursday.

 

Once i know more i will keep you updated , cant do much more until i get my medical report back but judging by the notes they have sent which are wrong already i cant wait to read the report!

[leemack]

Start by reading this thread by honeybee

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

[sparkles2010]

Hi and thanks leemack looks like i have plenty of reading to do...

[Nystagmite]

if you still continue to send in sick notes, you can get ESA at the assessment rate.

[sparkles2010]

thanks for that, my sick note still has a few more weeks to run on it, as the lady at BDC told me this morning, she was very helpful and explained everything i needed to do to start the appeal process

 

off, so i guess this will be a long road lol

[sparkles2010]

thanks for that, my sick note still has a few more weeks to run on it, as the lady at BDC told me this morning, she was very helpful and explained everything i needed to do to start the appeal process

 

off, so i guess this will be a long road lol

[sparkles2010]

how long does it take to get your payments reinstated after you have sent in your GL24?

 

I'm due a payment on thursday and worried it will not be there.

[sparkles2010]

Anyone?

[speedfreek]

Once they've received your GL24 payments should resume.

 

Call them tomorrow and check receipt and ask them.

 

Also renumber that other benefits you receive may be affected by this. Housing Benefit/LHA/CT benefit will be automatically suspended by the stopping of the ESA. Filling in and returning a change of circumstance form for this will keep payments flowing as normal.

[sparkles2010]

Thanks speed freak, i did ring the local council last week and told them what had happeneed, she said if there were any changes they would write to me, but going to give them a ring first thing

 

in the morning, as it's stressing me out abit.

[sparkles2010]

Have just got of the phone from speaking to dwp, to be told that my appeal paperwork i have sent in has failed?

 

He cant tell me why, just that something is in the post for me, refused to make me an appointment at local jobcentre so i can fax the appeal again so i wont get any payment this week .

 

What do i do next?

[seen this before]

you may need to apply for a crisis loan.normally when a fax is sent the transmission is recorded if failed or successful.this could be scanned up and emailed too.

 

why didnt they just resend it?.not being very helpful are they.

[sparkles2010]

very true, its a nightmare just come back from jobcentre and they told me to wait until thursday to apply for a crisis loan, best bit is im still signed off until 15/9 so even though

 

i am no longer being paid esa, do they still have to pay me until my sick note runs out?

[seen this before]

there is a very informative thread on this process here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(1-Viewing)-nbsp

 

you should be paid up to the appeal.however the dwp are not keen on appeals the cab told me some time ago.

[sparkles2010]

I have read that tread with intrest, but i am wondering according to the jobcentre this morning, ATOS had decided 5/8/11 that i was no longer entitled to claim ESA.

 

I only recieved notification last thursday of this decsion, but i had continued to be paid my assessment rate.

 

Is this because my sick note is still current and does not expire for another 2 weeks?

 

If that is the case am i still owed money?

 

This is all confusing and is so not helping my stress and anxiety .

[seen this before]

it doesn't matter what atos say's,you have a right of appeal against a decision made against you.

 

the dwp should not be placing barriers or discouraging people from appealing.although this doesn't come as a surprise.you may be better advised to visit the citizens advice bureau who will be able to deal with this and assist.

[ErikaPNP]

It sounds as if your appeal was not 'duly made'.

 

This is when the GL24 is not completed fully and/or correctly.

 

For example:

 

Not enough information to identify the decision being appealed.

 

No name or address for the appellant (you) or any representative

 

An unsigned appeal

 

The grounds for appealing (why you think the decision is wrong).

 

They only have to pay you up until the date of their decision not to pay you ESA. If an appeal is received and is 'duly made' and there is a current certificate (fit note), payment at the assessment rate will be reinstated and will continue until the outcome of the appeal - this is only relevant to decisions that a person has no limited capacity for work following the ATOS assessment. You would have continued to receive payment for a little while after the decision, because ESA is paid in arrears.

 

The Jobcentre do not make decisions on crisis loans so really had no business telling you not to apply until Thursday. There may have been some basis for them advising that a payment may be unlikely before then - for example if your ESA has been paid up until Thursday but even so, the decision lies with the Social Fund Decision Maker. If you have no funds to meet your immediate living expenses, phone 0800 032 7952 mon-fri from 8am to 6pm to claim a crisis loan. You will get a decision the same day.

[sparkles2010]

Thanks Erika for that, i am going to ring for a crisis loan in the morning before i go to the job centre.

 

I did today recieve a letter regarding my appeal and there wasnt enough info for the appeal, so i am thinking about things before i decide what i am going to, as i still would like to start my own buisness

 

so for now i think i will go back on JSA , have been back to dr's today, and have been referred for physio and given me stronger pain relief, as what i had wasn't touching the pain.

 

She feels the need to have my back investigated more if physio does not solve the problem, which i don not think it will.