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Atos Medicals - Questions, Answers and Support

It isn't quite enough to affect my benefits, EG! A new mattress is a very good idea, though, except that I'd also have to pay the Council £25 to take the old one away...
 
Oh, I didn't know that! I'll have a browse later. Unfortunately, I know I haven't got enough for a Tempur mattress. I sleep on one of those when we visit my boyfriend's parents. It's fantastic!
 
It isn't quite enough to affect my benefits, EG! A new mattress is a very good idea, though, except that I'd also have to pay the Council £25 to take the old one away...
I just didn't want the evil sods to take back what they'd just given you, you know what they're like.
 
I have to admit, I'm not a fan of tempur mattresses myself, doesn't seem to help my particular back problem.
 
Now then, a friend of mine's got a medical at the end of this month and, hopefully, she'll pass coz her physical health is pretty poor, but, if she fails, what I'd like to know is what's the procedure for an appeal? Have I got this right, first of all you ask for a review of the original decision, then you appeal? And do you continue getting paid in the interim, before the appeal is heard?

Sorry if any of this has been asked before.
 
Now then, a friend of mine's got a medical at the end of this month and, hopefully, she'll pass coz her physical health is pretty poor, but, if she fails, what I'd like to know is what's the procedure for an appeal? Have I got this right, first of all you ask for a review of the original decision, then you appeal? And do you continue getting paid in the interim, before the appeal is heard?

Sorry if any of this has been asked before.
Payment of whatever you were entitled to ceases on the day which the DWP decides you're not entitled to it. if you win your review (or appeal, if it comes to that) you'll get a backpayment.

You have exactly one month to ask for an appeal from the day on which the decision was made by the DWP. NB this isn't the date on which you receive the letter telling you their decision, which could have taken a fortnight (aka "10 working days") to reach you.

So...1) Contact the CAB/disability rights people etc, and take all your paperwork with you. Ask them for help.
2) Request a review of the decision and state exactly why, giving evidence to back up your request. Tempting as it may be, "I can't believe that you could have read my form and believe that I don't meet any of the criteria at all you muppet, what the hell is wrong with you people?" is not reason enough for a review. Instead, try something like "you have decided I need no help cooking and preparing a main meal for myself. I believe your decision is wrong because I'm unable to lift pans without severe pain, can't work the controls on the cooker, and the last time I tried to chop anything it shot out of my hand".
3)Prepare for war (aka the appeal). If you win the review, that's great. If you don't, you'll have gained extra time needed to gather as much as you need for the appeal.
 
While I think of it, you'll need to request a copy of the medical report, as it'll probably show something which contradicted what the claimant put on the form. If in doubt, the DWP are inclined to believed whoever did the medical. :facepalm:
 
If she is assessed as "fit for work" and believes she isn't, then she needs to see her GP as quickly as possible for a medical certificate to state this. Send in the medical certificate and the subsequent appeal form which will be received making her aware of the decision made, based on the WCA carried out by Atos Healthcare straight away. The claimant will then receive the lower rate of ESA, without the extra component, until the date of the appeal.

Meanwhile, under the provisions of the Data Protection Act ask for a copy of the report and all relevant documentation relating to the decision made. If the claimant has difficulty reading the notes made by the Atos practitioner at the assessment attended, then request these to be transcribed and type written, if they refuse then a request can me made to the appeals Tribunal, who can order the DWP to do this.
 
Back pay of ESA (or dla, JSA, tax credits, HB) is ignored as capital for 52 weeks anyway. So even if someone is over the capital limit there's pleanty of time for it to 'diminish'.
When I had my result re my ESA and they paid me four year's shortages in one hit, I inquired what would happen if it took me over a threshold.
I was told that I would not be affected as the error was theirs.
 
When I had my result re my ESA and they paid me four year's shortages in one hit, I inquired what would happen if it took me over a threshold.
I was told that I would not be affected as the error was theirs.

But did they not say for how long you wouldn't be affected? I'd check that I would :hmm:
 
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