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Letter for Medical
- Gordon
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10 years 11 months ago - 10 years 11 months ago #121904 by Gordon
ATOS recently announced hat they wish to be let out of their ESA Assessment contract with the DWP early, relations between the two organisations have been fraught ever since the news leaked out, which forced a Ministerial statement in the House of Commons.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Letter for Medical
JIMO wrote: Gordon
Thanks for your last message sorry if I sound a bit stupid can I ask what you mean by before the break up.
Thanks
ATOS recently announced hat they wish to be let out of their ESA Assessment contract with the DWP early, relations between the two organisations have been fraught ever since the news leaked out, which forced a Ministerial statement in the House of Commons.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 11 months ago by Gordon.
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- ALFIE
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10 years 10 months ago - 10 years 10 months ago #122689 by ALFIE
Replied by ALFIE on topic Letter for Medical
My wife got her letter a few days ago after having her medical. She has been transferred from the support group to the working group. So of course she will appeal the decision if she does not get back into the support group after the Mandatory Recosideration.
My wife's letter states she will be paid the working group rate from the 28 May 2014 this date is before her medical on the 3 June 2014 and woulder if they can do this.
Also a letter from my wife's GP was given to the ATOS doctor stating her on going treatment at hospital which she read but gave it back saying it was not needed again I think this is wrong .
Should this be pointed out in the letter asking for a mandatory reconsideration.
My wife has also to go into hospital on 10 July 2014 and these letter will also be sent.
My wife will receive her state pension next year in November 2015 and has a entitlement to cares allowance for me but can't claim it due to being ill and getting benefit herself. How they can expect someone to go to work interviews that is ill and nearing retirement is beyond me after being in the support group but nothing surprises me about this government .
I would just like to thank the site for all the great information it has given to get this far with the award and all the other information it has to get the award changed.
My wife's letter states she will be paid the working group rate from the 28 May 2014 this date is before her medical on the 3 June 2014 and woulder if they can do this.
Also a letter from my wife's GP was given to the ATOS doctor stating her on going treatment at hospital which she read but gave it back saying it was not needed again I think this is wrong .
Should this be pointed out in the letter asking for a mandatory reconsideration.
My wife has also to go into hospital on 10 July 2014 and these letter will also be sent.
My wife will receive her state pension next year in November 2015 and has a entitlement to cares allowance for me but can't claim it due to being ill and getting benefit herself. How they can expect someone to go to work interviews that is ill and nearing retirement is beyond me after being in the support group but nothing surprises me about this government .
I would just like to thank the site for all the great information it has given to get this far with the award and all the other information it has to get the award changed.
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #122695 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Letter for Medical
JIMO
I am sorry to hear this news.
It is certainly unusual for the DWP to make a Decision in arrears like this and you can certainly argue that one made in advance of the evidence on which the Decision was actually based in improper, however, if you go down this route it should be kept separate from any MR or appeal so as not to cause confusion.
With regard the letters, without knowledge of their contents it is difficult to offer advice, however, if they did not address the ESA Descriptors it is possible that their intent was missed by the ATOS assessor.
Your primary goal at both the MR and appeal, if one is required, is to show that your wife continues to meet the criteria for the SG, if you feel that these letters support this then you should forward them to the DWP.
Make sure you have a look at the ESA MR and Appeal guide that explains the process in more detail and ESA Claim guides for the current SG criteria.
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following fact sheets
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Good practice for those appealing
Whilst your wife remains in the WRAG she is liable to participate in Work Related Activity, it is not uncommon for JC+ to contact a claimant quite quickly after they have been moved to the group, you will need to inform them of you wife's hospital appointments as soon as you can after they make contact.
Whilst there is not a clear definition of what WRA consists of your wife cannot be asked to work or even to seek work.
If we can help more, please reply to this post.
Gordon
I am sorry to hear this news.
It is certainly unusual for the DWP to make a Decision in arrears like this and you can certainly argue that one made in advance of the evidence on which the Decision was actually based in improper, however, if you go down this route it should be kept separate from any MR or appeal so as not to cause confusion.
With regard the letters, without knowledge of their contents it is difficult to offer advice, however, if they did not address the ESA Descriptors it is possible that their intent was missed by the ATOS assessor.
Your primary goal at both the MR and appeal, if one is required, is to show that your wife continues to meet the criteria for the SG, if you feel that these letters support this then you should forward them to the DWP.
Make sure you have a look at the ESA MR and Appeal guide that explains the process in more detail and ESA Claim guides for the current SG criteria.
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following fact sheets
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Good practice for those appealing
Whilst your wife remains in the WRAG she is liable to participate in Work Related Activity, it is not uncommon for JC+ to contact a claimant quite quickly after they have been moved to the group, you will need to inform them of you wife's hospital appointments as soon as you can after they make contact.
Whilst there is not a clear definition of what WRA consists of your wife cannot be asked to work or even to seek work.
If we can help more, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ALFIE
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- ALFIE
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10 years 10 months ago - 10 years 10 months ago #122744 by ALFIE
Replied by ALFIE on topic Letter for Medical
Thank for your reply on my last post.
I have had a quick look at the notes for mandatory reconsideration and appeal.
Just on this when my wife requests the above does she also ask how this decision was made and will they send her the ATOS report if requested or can this not be requested till the appeal stage.
I have had a quick look at the notes for mandatory reconsideration and appeal.
Just on this when my wife requests the above does she also ask how this decision was made and will they send her the ATOS report if requested or can this not be requested till the appeal stage.
Last edit: 10 years 10 months ago by .
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10 years 10 months ago - 10 years 10 months ago #122761 by
Hi J,
As Gordon has advised, when formally requesting an MR of the adverse WRAG award, you should concentrate on showing that the limitations that gave her the previous award of SG have not diminished or changed to such an extent that she now only qualifies for The WRAG.
If she has not had any procedures carried out, nor has she been prescribed new medication that may have improved her resulting limitations since the time of her previous SG award, you should state this also.
If you are aware of the qualifying descriptor/s that gave her the SG award last time that would help, as you could draw direct reference to them as well.
You could request the ATOS medical reports from this reassessment and the previous assessment now, by issuing a SAR to the DWP.
You could also request confirmation of the descriptor/s that qualified her for The SG last time.
You can use the SAR Form below :
SAR Form Download
From this page :
DWP Data Protection Policy
See also:
Sending Documents to the DWP or ATOS
I would address the SAR FAO The Data Controller at the address of the DWP office on your most recent ESA letter.
I would write DPA 1998 SAR in front, top, left corner of the envelope, and your name and postcode on the reverse top right.
You should keep your SAR separate to your MR request.
See also : ESA medical – what forms to ask for?
So it is an ESA85 Med Report where a face to face "medical" takes place, and an ESA85A where no "medical" takes place.
There may also be an LT54, as seen at the bottom of this list :
ESA Forms
bro58
Replied by on topic Letter for Medical
JIMO wrote: Thank for your reply on my last post.
I have had a quick look at the notes for mandatory reconsideration and appeal.
Just on this when my wife requests the above does she also ask how this decision was made and will they send her the ATOS report if requested or can this not be requested till the appeal stage.
Hi J,
As Gordon has advised, when formally requesting an MR of the adverse WRAG award, you should concentrate on showing that the limitations that gave her the previous award of SG have not diminished or changed to such an extent that she now only qualifies for The WRAG.
If she has not had any procedures carried out, nor has she been prescribed new medication that may have improved her resulting limitations since the time of her previous SG award, you should state this also.
If you are aware of the qualifying descriptor/s that gave her the SG award last time that would help, as you could draw direct reference to them as well.
You could request the ATOS medical reports from this reassessment and the previous assessment now, by issuing a SAR to the DWP.
You could also request confirmation of the descriptor/s that qualified her for The SG last time.
You can use the SAR Form below :
SAR Form Download
From this page :
DWP Data Protection Policy
See also:
Sending Documents to the DWP or ATOS
I would address the SAR FAO The Data Controller at the address of the DWP office on your most recent ESA letter.
I would write DPA 1998 SAR in front, top, left corner of the envelope, and your name and postcode on the reverse top right.
You should keep your SAR separate to your MR request.
See also : ESA medical – what forms to ask for?
So it is an ESA85 Med Report where a face to face "medical" takes place, and an ESA85A where no "medical" takes place.
There may also be an LT54, as seen at the bottom of this list :
ESA Forms
bro58
Last edit: 10 years 10 months ago by .
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- ALFIE
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10 years 8 months ago - 10 years 8 months ago #124264 by ALFIE
Replied by ALFIE on topic Letter for Medical
My wife's mandatory reconsideration result has come back stating the decision will not be changed.
She was put in the working group from the support group after her medical . The report from the reconsideration is just unbelievable in parts. What is written is far from what was said and at the time of the medical my wife was receiving treatment from hospital and had letters pointing out she was going in for treatment. Yet the decision maker points out illness up to the medical and decision can only be considered. Well it stands out this information was given at the medical backed up by appointment letters and a GP letter stating on going treatment this GP letter was not taken by the ATOS doctor which I sent with the reconsideration letter .
I have had no response to my letter asking why my wife was put in the support group before she had her medical .
Will I receive the ATOS before appeal or will I need to requested it . I have requested it once but have not had it yet.
She was put in the working group from the support group after her medical . The report from the reconsideration is just unbelievable in parts. What is written is far from what was said and at the time of the medical my wife was receiving treatment from hospital and had letters pointing out she was going in for treatment. Yet the decision maker points out illness up to the medical and decision can only be considered. Well it stands out this information was given at the medical backed up by appointment letters and a GP letter stating on going treatment this GP letter was not taken by the ATOS doctor which I sent with the reconsideration letter .
I have had no response to my letter asking why my wife was put in the support group before she had her medical .
Will I receive the ATOS before appeal or will I need to requested it . I have requested it once but have not had it yet.
Last edit: 10 years 8 months ago by Gordon.
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