ESA delay

My husband is in the migration process. He sent his completed ESA form back to ATOS on 5 June. He also sent a shadow copy to the deicison maker and got proof of postage for both. A month or so later he sent in further evidence from his neurology appointment. Neither items were acknowledged by ATOS or the decision maker.

He phoned the DWP a few weeks ago to find out what was going on. They said the delay was with ATOS and absolutely nothing had been done with his case...nothing on the system. He said he wanted to complain because he thought 5 months was taking the mick. They said he should be grateful as he was still in recipt of IB! They gave him the address for ATOS so he wrote and also found the website for ATOS so submitted his complaint online too. He wrote to our MP about it too.

Within two days of submitting the online complaint to ATOS he received a response to say that an investigation had been launched and he would hear something in four weeks. It has now been almost 4 weeks and not heard anything. MP wrote to husband yesterday attaching the same response he had.

Does anyone have any advice please because it is causing my hubby loads of stress and he's having loads of tests for neuro problems that are still to be diagnosed, plus now a referral to colorectal surgeon for another issue. He's not well at all.

Hi Gordon

Would you believe it...the post has just arrived with a letter from Medical Services. They say they are sorry for the delay and they wrote "I am pleased to be able to tell you that they have been able to give medical advice on your case to the DWP and this was based on the ESA50 questionnaire and medical evidence submitted."

So, husband just rang migration team and they said they have received papers from ATOS and the ESA start date is yesterday but he couldn't say which group, WRAG or support group. He said it might be on their system tomorrow so husband will ring again tomorrow.

It appears that ATOS have not approached any of the consultants listed in his ESA form and based their advice on his ESA form and additional medical documents husband provided so it beggers belief that at my husband's questionnaire has sat in a pile for the last 5+months which no action being taken.

If the decision turns out to be WRAG then my husband will now have to go through this mandatory reconsideration process because he believes he should be in the support group.

Thanks you for your advice. I will let you know what group he is placed in.

If your husband has been placed in the WRAG, payment will continue during the mandatory reconsideration. It is 'only' people found fit for work who will be without ESA payment during this stage.

I know. He and I are just praying for support group. He could do without anymore stress at the moment. Thanks again Gordon.