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A Good Outcome [Thanks].............Eventually

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12 years 7 months ago - 12 years 7 months ago #85833 by Augustus
Having previously "threaded" that my ESA50 was not available to the ATOS assessor at my pre-Xmas medical, I complained to ATOS, who denied they had done anything wrong.

But after I received a call from DWP in early January saying that I had been found fit for work, ATOS then admitted that the medical report had "superficial" elements.

Now, after waiting 4 months, I have just received a decision letter [no appeal made] telling me that I am now in the support group! So I think the fuss I made permeated through to someone and that eventually, my detailed ESA50 had an effect!

For this, I owe everything to B&W. Thank you all!

Moral: don't leave it too late to mail the ESA50. I sent mine by RM Sp. Delivery and it was delivered on the day before the deadline. But ATOS had the brass neck to reply that it was only "internally" delivered to them the day after the deadline. As if we claimants would know about such distinctions!
This appears to have kicked off the negative chain of events.

Thanks
A
Last edit: 12 years 7 months ago by Gordon.
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12 years 7 months ago #85838 by Gordon
Augustus

Congratulations, glad to see your perseverance paid off.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 7 months ago #85841 by slugsta
That is good news, thank you for sharing it with us :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 7 months ago #85848 by Augustus
Gordon

Can I please tell you [and all members] about a confusing aspect of my decision letter [support group]:

the letter gives me contributory supp. gr. ESA from May 24 through to Nov 24 only. When I queried this, I was told new rules applied from 30 April.
I challenged this, saying I thought this only applied to WRAG ESA. Then I was told letter I had received was a "generic" one, and that my award was for 12 months.

So, are people aware that JobCentre Plus are sending out incorrect decision letters, potentially worrying people?

Also, do you think I should request a backdating of the difference between ESA support and IB? Had the matter been handled properly, with the ESA50 getting to the assessor first, I would have been receiving the support group rate months ago. And if I had not complained but waited for the [wrong] decision, and then appealed, they would have backdated on reconsideration before appeal..as it turns out.
Is there any traction in this line of thinking?

Finally, I asked when I could expect to receive my next ESA50. No clear answer.
Would anyone know whether DWP/ATOS counts an period from the last time they sent a ESA50, or from the decision date or from when the ESA award starts?

Thanks
A
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12 years 7 months ago #85853 by slugsta
We have had quite a few members saying that their decision letter gave an end date of either April or November. It seems that these are just down to DWP systems and have nothing to do with the review date (which should be mentioned as the 'prognosis' on the ESA85/85a).

As to when the DWP start counting the time to you reassessment, I'm afraid I don't know that.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Long Suffering
12 years 7 months ago - 12 years 7 months ago #85854 by Long Suffering
Replied by Long Suffering on topic Re:A Good Outcome [Thanks].............Eventually
i can't seem to reply to thse
Last edit: 12 years 7 months ago by slugsta.
Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
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