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failed atos assessment

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11 years 4 months ago - 11 years 4 months ago #115796 by stevec112
failed atos assessment was created by stevec112
i had a phonecall yesterday telling me i had failed the work assessment only scoring 6 points i said i would like a reconsideration because most of the facts relating to my interview have either been ignored completely or twisted.i was assessed as being able to walk 200metres,when at the interview it states that i walked 23metres and had to stop 4 times,whilst on crutches.wtf is going on,i am now told that my incapicity will stop at the end of jan,does that mean my dla will stop also.
i dont know where to turn nxt,can anyone advise me please.i am worried to death..
Last edit: 11 years 4 months ago by slugsta.

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11 years 4 months ago #115805 by slugsta
Replied by slugsta on topic failed atos assessment
Hi steve,

I am so sorry that you are going through this. You need to request a reconsideration and, if this does not go in your favour, you can then go to appeal. Your IB payments will stop, I'm afraid, until the reconsideration has taken place, then the ESA assessment rate will be paid until the Tribunal is held.

Mandatory reconsideration FAQs

Meanwhile you can claim JSA if you need to, obviously you would have to reach an agreement as to what is reasonable for you to do as regards job seeking.

We have heard of cases where this has triggered a DLA reassessment, that partly depends on when your last assessment was (reassessment cannot take place within one year of the decision).

It would be beneificial for you to seek face to face advice if you are able, although this is becoming more difficult due to funding cuts.

Where to get advice?

You can also try putting 'welfare advice' and your town into a search engine.

Have a look at our appeals resources and come back to this topic if/when you have further quesitons. You will find it easily in future if you bookmark it/make it a favourite on your web browser now.

ESA claims and appeals

Appeal FAQs

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

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11 years 4 months ago - 11 years 4 months ago #115807 by stevec112
Replied by stevec112 on topic failed atos assessment
Thankyou so much for your advice,much appreciated.if my ib benefit is stopped pending a reconsideration,will my dla be stopped also.
I am not sure that i could make it to the jobcentre to make a claim for jobseekers walking is a problem,so is the stress of going there.
I really dont know how i will manage financielly.once again thankyou.
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #115818 by Gordon
Replied by Gordon on topic failed atos assessment

stevec wrote: Thankyou so much for your advice,much appreciated.if my ib benefit is stopped pending a reconsideration,will my dla be stopped also.
I am not sure that i could make it to the jobcentre to make a claim for jobseekers walking is a problem,so is the stress of going there.
I really dont know how i will manage financielly.once again thankyou.


We are aware of members who have had their DLA re-assessed following a failed ESA assessment and a small number who have had their DLA award removed following an adverse ESA report, that said, many claimants do not have their DLA reviewed, I am afraid you will have to wait and see what happens.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: stevec112

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11 years 3 months ago - 11 years 3 months ago #116793 by stevec112
Replied by stevec112 on topic failed atos assessment
Ive just had a letter following a phone call approx 2 wks ago.
ive been told my benefits will be stopping on the 15th of feb.
I did mention in the phone call i wasnt happy with the Atos assessment the way it was carried out
and the total lack of interest from the hcp.
I was only awarded 6 points for walking difficulties,when in their statement it states i had to stop 4 times completing a distance of 23 metres,but i am now considered to be able to walk 200 metres.How i dont know...
My mental state was totally overlooked also,apparently i dont have any problem at all.
Apparently i was told in the phonecall i had two wks to provide relevant information to support my
claim and i have not done so..only because until receiving the letter i did not know who to contact or where to send it.
Could someone please advise me what to do next,the worry is making me ill.thankyou so much in anticipation. :(
Last edit: 11 years 3 months ago by bro58.

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  • bro58
11 years 3 months ago - 11 years 3 months ago #116795 by bro58
Replied by bro58 on topic failed atos assessment
Hi sc,

I have merged tonight's query with the one that you made around 3 weeks ago for continuity.

Have you requested a Mandatory Reconsideration (MR) yet ?

You have one month from the date of the fit for work decision notice letter to do this.

This can be done over the phone, but it may be advisable to back this up with a written request.

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

There is also an ESA Appeals Guide on this page :

ESA Claims Guides

See also :

Sending Documents to the DWP or ATOS

Please reply to this topic if you have further queries.

bro58
Last edit: 11 years 3 months ago by bro58.

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