Dwp examination

Why it is important to appeal.

dwpexamination forum now available at  http://www.dwpexamination.org

I am constantly receiving emails and messages to the forum and blog from disgruntled victims of the DWP and their enforcement arm ATOS Origin. Many of these communications say that the author is going to give up. This worries me so I have put this together to try and offer an alternative view of the long drawn out processes applied by  ATOS and the DWP.

When ATOS deny you your benefits by knowingly writing a report  (ESA 85) which will encourage the DWP DM to give you the lowest possible mark they can, you should always challenge their decision. Not only that you should always write to ATOS Healthcare complaining about the quality of your assessment or the Doctors attitude or anything else you may be unhappy with. Back this up with an FOI request asking for any information ATOS and the DWP hold on you from your first ever contact up to the present.

Try to draw the process out by asking for further information from both, this serves to undermine their power over you and besides, they hate it when you ask them for information they are legally bound to give you. You should always appeal by challenging the HCP’s report and the DM’s marking of it, make that as detailed as you can and demand a reply.

Always go the distance with your appeal, always be accompanied and never give up. If you fail at tribunal try to find a way to challenge that, though you will have to prove the first tier failed on a point of Law which is often difficult.

The main issue here is to eat into any profits ATOS or the DWP make out of denying you your Benefits. Aim your main assault at ATOS, they are a private company who make money out of your misery. They have no conscience and unless they start to lose money hand over fist they will never be brought to book.

The DWP also need to know they are wrong to mark you down, they know what they are doing  is morally wrong and like ATOS will try to pass the buck when challenged. The same applies, they would not give you quarter, don’t give them quarter either. Get stuck in, cost them as much money as possible and repeat the operation when they come back 6 months or a year down the line.

Above all, the readers and contributors to the blog and the forum  http://www.dwpexamination.org  will support and encourage you by telling you their horror stories and by encouraging you to keep your chin up .

No retreat, no surrender, and just refuse to give up.

930 Comments »

  1. Excellent advice.

    I hope your readers heed it

    Comment by deano30 — September 25, 2010 @ 10:32 am

  2. I am so shocked and astounded that i have just received a further ‘Fit Note’ as they call it now stating i cannot work but since i had my so called assesment by ATOS giving me 0 Points they have stopped all my benefits i have had no letter or phone calle to advise me of the outcome just one asking for a ‘Fit Note’, the only reason i know all this is because my benefits didnt go into my bank last week and it took me over a week to contact them. While at the assesment there were no doctors available i had to see a Nurse who asked me questions off a computer which were totally irrelevant to my situation, of course im not going to pass! But the thing is i have been left with no money not Housing Benefit, nothing this is the 3rd week now and they want me to sign on Job Seekers, when i first signed on Last NOv i didnt get paid anything for 2 months as i was covered by a ‘fit Note’ given by my Doctor but now they are saying i have to sign on even though i am still covered by a Fit Note valid until Feb 2011!!
    They say if i appeal they will pay me a reduced rate benefit but if i sign on i will get the full benefit, this is blackmail. Due to my illness i have lost 4 jobs in the last 3 years previous to that i have always worked always paid my dues and now look.
    Without a shadow of a doubt now i have read your information i am going to appeal and keep on appealing till the death (pardon the pun) Thankyou, i will keep you updated and i live in Sheffield.

    Comment by Kaaron — December 6, 2010 @ 8:31 pm

  3. Welcome to our world, first may I say well done for appealing. Next take up their offer of the lower rate, this should protect your housing benefit, contact the local authority welfare rights team or the CAB for further advice Join our sister forum at http://www.dwpexamination.org where you will find like minded people in similar situations and a mine of information on the DWP and their enforcement arm ATOS.

    Comment by dwpexamination — December 7, 2010 @ 9:30 am

  4. I was sanctioned (an occult word for `fined`) one weeks JSA because we had a death in our family and I totally forgot an appointment with the DWP. The government do not allow a `death` as an excuse for not attending an appointment. I am appealing, I find this nothing less than demonic….we are being governed by devils.

    Comment by BabeRainbow — January 22, 2011 @ 6:58 pm

  5. I would just like to say that I think this is one of the most informative and helpful sites I have ever come across, I would like to take this opportunity in thanking you for what your doing, your right that we all need to stand up to these bullies, please keep up the good work.

    I have you down on my links page and am always trying to spread the good word about you.

    Comment by newsextra1962 — March 3, 2011 @ 7:31 pm

  6. Much appreciated, the more people we make aware the better.

    Comment by dwpexamination — March 4, 2011 @ 9:50 am

  7. Hi,
    Just an update, i have appealed and when i received the information through from the ‘NURSE’ who assessed me, i laughed out loud, it was ridiculous. It seems i was supposed to site there, threaten her with violence scratch my arse, pick my nose and fall unconcious on the floor in front of her and maybe i would have got a point!! I will appeal to the death, this is wrong.I didnt get reduced rate while awaiting my appeal but i would have accepted.

    Comment by Kaaron — March 9, 2011 @ 12:00 pm

  8. No one must give up, I did find out the other day that a certain doctor who worked for Atos a while ago is now no longer licensed to practice medicine in the UK according to the GMC, has DWPExamination heard of any doctor’s etc who are no longer licensed to practice now?

    Comment by newsextra1962 — March 9, 2011 @ 12:08 pm

  9. I don’t know If anyone already knows this but a doctor who works or worked for Atos is down on the GMC Register as registered but WITHOUT A LICENSE TO PRACTICE.

    He is also NOT on the GP Register and

    He is NOT on the Specialist register.

    His name is Dr.Francis Charles O’Neil GMC Registration number: 0600785….

    He had a complaint about him made by someone who had an assessment by Atos Health Care and supposedly falsified the information he put on the assessment form, another two doctors were also accused of the same thing, you will find out more here..

    http://www.whatdotheyknow.com/request/atos_medical_examination_falsify

    Comment by newsextra1962 — March 9, 2011 @ 1:06 pm

  10. Thanks for that “K” please keep us posted on your progress. Why not join our sister forum at http://www.dwpexamination.org and share your experience with our forum members.

    Comment by dwpexamination — March 10, 2011 @ 1:29 pm

  11. I agree with the info given about not giving up on appeals, I am genuinely-disabled and have been through 3 years of hell with appeals, now my appeal is at the upper tribunal in London and I’m awaiting the decision off the DWP. The upper tribunal said they the DWP and the two previous tribunal judges made eight mistakes and had no right to withhold money from me and my family. We tried to get help from a solicitor and was told I couldn’t get legal aid (strange how we have all these ‘rights’ and no one to help us enforce them). Suffice to say, my wife and I have done all the paper work ourselves and armed only with the knowledge we have done no wrong, we took our fight to the top. in a few weeks I’ll tell you how I did, PLEASE KEEP FIGHTING! IT’S THE RIGHT OF EVERY DISABLED PERSON AND THEIR DEPENDENTS TO HAVE A VOICE

    Comment by victedy — July 8, 2011 @ 6:11 pm

  12. Hello victedy.

    Good work, the tribunal judges are corrupt as well, Are you aware that the first tier tribunal judge can overrule the Doctor on the panel and deny you your rights, in other words it’s not the Doctor on the panel who decides your fate, but an unqualified lawyer come judge on an ideological mission, it’s in the lap of the gods which upper tribunal judge you get to look at your case too, because some of them (who are supposed to stand for something by the way) , ARE UNBELIEVABLY CORRUPT AND ARE IN ON THE FARCE AS WELL.
    Help us fight them here at http://www.dwpexamination.org help us fight them before it’s too late.
    .

    Comment by dwpexamination — July 9, 2011 @ 9:06 am

  13. HI there, just been reading some of your experiences!!! I have received a letter today saying I am not entitled to ESA and received NO points!!!! I was supposed to receive an appeal form in with the letter which incidently was not there but two envelopes to send back ???????? I really don’t know what to do now, the thoughts of the lengthy process overwhelms me, but I suppose that’s the aim eh?

    Comment by Anonymous — September 7, 2011 @ 2:12 pm

  14. Hello Anon.

    Don’t panic, you can get an appeal form from your local Job centre plus just by walking in off the street and asking for one (The appeal form is called a GL 24 form) , they didn’t send you one to sicken and annoy you, yes it was deliberate, scandalous isn’t it ?.
    Ok now you need to appeal, if you have a problem and don’t know where to start don’t worry all the information on what to do now is available on the forum here http://www.dwpexamination.org just get that form from the buggers first and get appealing, of course you will wonder about money whilst waiting for the appeal to be heard, when you appeal on the GL 24 make sure you tell them you wish to be paid at the assessment rate (same as job seekers and is the same deal) all information that you need for appealing is available on the forum so pick a user name and get in there.
    The alternative is to sign on for Job seakers allowance, and you have health issues so that is obviously not an option…!!

    GOOD LUCK.

    Comment by dwpexamination — September 7, 2011 @ 8:05 pm

  15. my mate 66 years old , crippled can only just walk with a stick and with support from me had an in 2009 he was given high rate mobility and low rate care indefinatly, he could hobble around on his own in 2009 with the aid of a stick but 2 yrs on + his mobility has decreased, so applied for a higher rate of care, the askes him a load of questions about what his disability prevents him from doing? if you cant walk or hold your balance on your own does not give you much scope for doing anything i would have thought!!after many questions which by the way are the same question but in different words are asked, he performs his examination which consists of asking my friend to stand up which he did after a few attempts and some assistance from me, then asked to walk a few steps he did so once again with my support, then he was asked to lie down on the coach and lift his legs and move his feet, bend his knees, a tape measure was produced to measure the girth of each ankle and examination over,During this i got confused because of the repeat questions of the same inquiry. my mate is 66 not got a good memory, and he was totally confused and disorientated by it all, the doctor asked my friend to sighn a form consenting to the examination befor the start of the examination, but now after reading some of the bloggs on here ive realised that the form he sighned was the form he should have sighned after the examination and once the doctors notes had been looked at and agreed upon, we was not allowed to see his notes and to correct any missing or derogotory notes made due to any miss understanding of any questioned made by the doctor,so i think we will shortly be having a letter stating benifits have been disallowed and we shall once again return to a tribuneral for justice. these examinations in my view are not about accesing your care needs but more about accessing how to go about stopping paying for your care needs, i think with the way the government is victimising the disabled, we shall soon be reading head lines in the paper the wheel chair gang strike again . security man delivering money to post office run over by wheel chair bound robber who grabbed the cash box and made his gettaway in his souped up wheel chair,, any disabled person giving information to the identities of these robbers will be re instated on to disability allowence

    Comment by Anonymous — September 23, 2011 @ 9:09 am

  16. You hit the nail on the head when you stated ”these examinations in my view are not about accesing your care needs but more about accessing how to go about stopping paying for your care needs”, and that’s what it’s all about, the nice smiling friendly ATOS Dr is nice and smiling because he/she is going to take money from your/our bank account and deposit it in his/her bank account, just nothing short of legalised robbery.
    No wonder they are happy smiling people, log in here folks and help wipe the smile off their faces http://www.dwpexamination.org

    Comment by dwpexamination — September 23, 2011 @ 10:54 am

  17. Just like to say thank you for all the info i have gained from this site I am about to go though this farce of a medical and the thing that comes to mind is 1939 Germany they to had a way with dealing with disable people they KILLED them out right. OUR LOT OF LITTLE HITLER’S LIKE TO SEE YOU SUFFER . I wonder will there be ramps in the camps ??
    or will that be asking to much. Hail to the new goverment

    Comment by gerry — October 15, 2011 @ 9:27 pm

  18. Thanks Gerry, we try to help by providing as much up to date information and intelligence we can on the activities of ATOS and the DWP. All you can do is go along there and give them all of the information they need from you, remember to use words like severe chronic pain and or discomfort. If you can use their own words against them and check out the descriptors before you go. If you haven’t already please go here http://www.dwpexamination.org and register then log in, and you will meet many people in a similar situation to your own.

    Comment by dwpexamination — October 16, 2011 @ 10:07 am

  19. just been turned down for ESA after scoring 15 points last year! I have five herniated discs and more on the way, carpal tunnel which cannot be operated on because I have fybromyalgia, I have M/E, also have have osteo- arthritis throughout my body. I was 60 years old last May and worked for 43 years – the employment giving me most of the health problems I am now having to live with. I could not hold a job down and yet the ATOS doctor has declared me ‘fit for work’ – how did he get to this assessment? In fact come to think of it he was not an ATOS doctor this time but a nurse employed by the government. I am so glad that I shall be able to claim my state pension next May. I do feel so sorry for those people who are genuinely ill and have many years ahead of them and will have to have these yearly assessments – my heart goes out to them. I shall appeal against my case as I am a genuine person whose quality of life is suffering on a daily basis. More than anything I would love to be able to work – I miss working and the benefits it brought with it.

    Comment by Gillian Baxter — October 27, 2011 @ 1:17 am

  20. You obviously realise it’s all a con and absolutely nothing to do with helping people back to work, we are doing all we can to stop these bastards in their tracks here http://www.dwpexamination.org this is the worst Government Britain has had in the last hundred years, a bunch of charlatans and crooks and capable of anything, even capable of taking old age pensions away from us all, they have already cut their fuel allowance, they couldn’t give a toss how many people died through not being able to turn up or even put on their heating.
    At first our fight was just with the DWP decision makers and ATOS, now we see what we are really up against, as I said a Government of vipers and snake oil salesmen, we must get rid of them as soon as possible before they ruin the Country.

    Comment by dwpexamination — October 27, 2011 @ 3:00 am

  21. i finished working in october 2009, had an assessment by a doctor at atos and was awarded esa. i was called back in mid october this year was examined by a very friendly NURSE and later told i had been awarded 6 points and was no longer entitled to esa.
    i requested a copy of my medical report, and while it said i was disabled i was considered fit to work.
    do not get sucked in by atos, no matter how friendly the assessor seems,
    only answer direct questions and do not get in any conversation of any kind,its all a CON.
    never talk to the DWP over the phone always ask for written information,and always, always appeal.
    i suffer from chronic ankylosing spondylitis heart failure and lots of associated problems, i was shocked that any one in my condition could be considered fit for work but have since found out that people worse off than me have been ruled fit to work, do not take it personally and think if atos say i am fit to work it must be so,thats what they want you to think, do not be conned by these morons.
    even though i will be 65 in december and no longer entitled to esa i am still appealing and intend to take my case all the way

    Comment by joey — November 24, 2011 @ 12:40 pm

  22. Hello Joey.

    You have summed it up nicely, and this is been going on for nearly three years, that’s right shocking isn’t it ? three years.

    We have been fighting these crooks here at the forum http://www.dwpexamination.org and exposing them for the common criminals that they are, watching their every move, signing petitions, helping victims with appeals and information etc.
    We will not give up until fair assessments are introduced..!!

    Comment by dwpexamination — November 24, 2011 @ 2:24 pm

  23. Hi,

    I was forced to give up work in 2007 by depression, anxiety and stress. It took me a long time to convincingly manage it and start again. It has been like reliving my life over from childhood.

    4 years on, I am in my finally year studying a BA in Counselling Studies. I am only able to cope with all the work because of the great amount if support I receive from the uni tutors, support team and the student counselling team together with my doctor.

    Every year, ive suffered with depression and scurry but have managed to get through it in a few months with the support.

    I’ve recently had an ATOS report and loss of benefit, during another bout of depression, and it has added to my anxiety. I only got the report recently; I found out my benefit had been stopped when a p45 came through my door. I had no other form of communication prior to this.

    I phoned to complain and asked that they send me the information I should have had in large print (I’m partially sighted). I received it last week in standard print last week.

    I have been deeply affected by thus and am now also taking diazepam in addition to increased anti-depressents and am on the sick from uni.

    These people have not offered me support to help me deal with it and I am scared that a return to work will result in the same thing thing happening all over again with much more severe outcomes :(

    Comment by Bill — December 12, 2011 @ 11:02 pm

  24. Hello Bill.

    You are still suffering from a serious illness and so a return to work at the moment is just not an option, you can appeal the ATOS DRs decision and claim the assessment rate, you can also get plenty of help here on what to do next http://www.dwpexamination.org from people who have been there.

    Comment by dwpexamination — December 13, 2011 @ 5:13 am

  25. I have had two seperate Atos assessments one for ESA one for DLA, although I gave the same information on both counts regarding Degenerative disk disease both findings are completly different. I find this astounding as both contradict the other and am taking both to appeal. These will not be heard till at least September !!! I will no doubt have more deteriation in my condition as I will not get better only worse. Time this government realised a mistake and apologised for victimising people who are suffering through no fault of their own.

    Comment by Jason Porter — February 24, 2012 @ 5:14 pm

  26. Hello Jason.

    I agree with you, the worlds gone mad, it’s like we are living in some Kafkaesque nightmare.
    This ATOS outfit are a shower of incompetent fools, they don’t even have red faces when we go for our assessments, they just act as if their fabricated medical assessments are all normal and the natural order of things.

    Rich fools though you will have noticed..!! And there’s the rub, money talks I suppose..!!

    Comment by dwpexamination — February 24, 2012 @ 6:57 pm

  27. I have a ATOS appointment tomorrow and I am dreading it!
    I have been diagnosed with bilacteral cervical stenosis, a degenerative disease.
    I was retired from my job as a Nursing Auxilary in October 2010.
    ATOS were the ones that assessed me, along with my occupational health doctor and pain management doctor. All agreed that I was unfit for any kind of work. I had tried to do a phased return to work and failed!!! So I was retired and went onto ESA. In December my payments stopped, due to me failing to attend an appointment, that I knew nothing about. I did appeal and it was rejected.
    I have been without ESA since 23/11/2011 and to be honest, has been a real struggle mentally and financially. With a lot of telephone calls to DWP and ATOS I finally got an appointment sooner than I should have. It is tomorrow, as I said and think I will have a sleepless night worrying about it. I cannot work I know that, my GP and Pain Consultant agree. I need to get ATOS on my side which seems neon impossible by all accounts.
    We are ready for them though and hope to win so my ESA can be re instated and back dated.
    Why do we honest, genuine people have to fight for what we are entitled to? I have worked all my life since I left school, so I am not a scrounger.I would rather work that try and claim there meagre benefits……..

    Comment by Anonymous — February 28, 2012 @ 9:21 pm

  28. Hello Kez.

    Well you ask why we need to go through this ? because Cameron promised the electorate that he would get a million of sickness benefits, he didn’t mention he was going to do it by hook or by crook, he also didn’t mention he doesn’t care if they are ill, just…he is going to do it and damn the torpedoes. Cameron has just took of where New labour left off, yes they were going to do it if they got back in to power, in fact it was New labour who started this chaos in the first place..!!

    Comment by dwpexamination — February 28, 2012 @ 11:00 pm

  29. Ascot.
    I have been given zero points on my examination.
    As a result I have appealed their decision, and now I am on the appeal allowance for a couple of weeks.
    Perhaps some one can tell me why I have to keep visiting my doctor for a sick note.
    If as I am told this appeal could go on and on, do I have to get a sick note from my GP to cover the time that it takes to my appeal?
    What would happen if my GP refused to give me a sick note, where does this effect my appeal?

    Comment by Anonymous — March 12, 2012 @ 7:52 pm

  30. Hello Anonymous.

    The appeal can take any amount of time usually nine months, the reason you need to supply a sicknote is to make things as difficult as possible for us, it means we constantly need to go down to the GPs and get that note, which as you know is just a complete waste of time.

    If the Dr refuses to give you a sicknote then you have problems, all I can say is if it happens to me I’m going to stand up say nothing, walk out to the receptionists desk and ask for a release slip, and then go to another surgery, I don’t care if that surgery happens to be 20 miles away, I’m not tolerating any GP who can’t even supply a sicknote when you are appealing, after all the point is it’s not as if appealing gets us any extra money.

    Read the following interesting article and the McArdle and Carty letter below the article..!!

    http://www.pulsetoday.co.uk/newsarticle-content/-/article_display_list/13584314/gpc-seeks-talks-with-dwp-over-atos-fitness-to-work-scheme-concerns

    Comment by dwpexamination — March 12, 2012 @ 9:53 pm

  31. Ascot.
    Thank you for your prompt reply.

    I found the road to my appeal a very good learning curve.
    Every time I call the DWP, a write a log of who I spoke to and what was said in the call.
    This is done on a spread sheet.
    One of my friends said I should go to my local authority to ask advice on my appeal.
    I now have a benefit advisor from my local authority who will help me through to the actual tribunal, when and if it happens.
    At this time, I just plod on from day to day.

    Comment by Anonymous — March 12, 2012 @ 10:55 pm

  32. Hello Ascot.

    It’s better to learn now and get switched on, because this Government are going to try their best to switch you off..!!
    Instead of plodding on from day to day, go to the forum and educate yourself on what this horrible nasty Government have got in store for us, if we are going to die because of these cuts at least you’ll be one of the few that will know the reason/s why..!!
    http://www.dwpexamination.org

    Comment by dwpexamination — March 13, 2012 @ 7:44 am

  33. Most of the information I have used is from this site.
    It is good that total strangers will help those who need it.
    I have spent many hours reading the posts on this particular forum.
    I worry for those people who can not look after themselves and are thrown to the wolves.
    I have no worries about what I am doing , and will hope fully see it through to a positive conclusion.
    Just stay available for advice for me and others.
    What is your opinion of the Benefit Advisors employed by the local councils?

    Ascot

    Comment by Anonymous — March 13, 2012 @ 9:44 am

  34. Hi Ascot.

    Do you mean the welfare rights and CAB benefit advisors ?

    Comment by dwpexamination — March 13, 2012 @ 1:05 pm

  35. The person I saw is from The Benefits Advice Service of the local authority, with offices through out the area.
    THe answer is yeas.

    Comment by Anonymous — March 13, 2012 @ 2:56 pm

  36. Hello Anonymous.

    The welfare rights and the CAB are fine they are on your side not the DWPs, the DWP advisors are not your friend so take everything they say with a pinch of salt.
    But as I said the Welfare rights are fine can give great impartial advice, and can even represent you at tribunals etc. So listen to what they say, it’s in your own best interests, but the DWP ? they would sell their grannies for promotion..!!
    In all the time I have dealt with them, bar once, they have done nothing but talk absolute crap. I can give you an example or two.

    Go to the tribunal and win ? they sometimes send you a letter saying you need to send in a sick line, and when you phone them up ? yes Sir we can confirm ‘ You need to send us a sick line’ RUBBISH, no one needs to send in a sick line if they win a tribunal.

    Another favourite from the DWP is to send you a letter saying you didn’t send them a sick line (When you had) and your benefits will be affected if you do not get one and send it in. They lost it, but will never admit it, they even lost one of mine that they themselves had photo-copied, when I asked why the photo-copy wasn’t sufficient proof I did send one in the reply was that’s not how it works Sir.

    You send your GL 24 appeal form in, and they send you a letter six weeks later saying your appeal was considered and you are fit for work, when the truth was they didn’t consider anything, the GL 24 lay in a drawer for six weeks until the decision maker decided to bring it out look at the name, put it in an envelope with a template you are refused letter and gave it to the mail boy to post.

    Let me tell you the DWP are nothing but liars and criminals, half of them should be in jail, one day a whistleblower will emerge and expose the corruption, and what they have to say will be absolutely shocking, YOU MARK MY WORDS..!!

    Comment by dwpexamination — March 13, 2012 @ 3:21 pm

  37. Hi
    Just been reading all the comments, and felt I must share my daughters story
    My daughter’s leg gave way at work one day over 2 years ago, she eventually lost her job through it, so that meant she had to claim for esa and dla, she was under the John radcliffe and still is as they now think she has dopa responsive dystonia, anyway she was asked to go to a medical with atos, my daughter had a full length plaster cast on and went in on crutches,we provided all medical letters,the woman (who’s name I coudln’t even pronounce) asked loads of silly questions, do you go on the internet, do you go out with friends, what do you do during the day? etc At the end of the medical she told us to go, whilst still looking at her computer.
    Eventually my daughter received a letter saying she was awarded 0 points and wasnt entilted to anything and she was fit to work, obviously we appealed.
    The date of the tribunal came and we went armed with all medical documents, there was a Judge and Doctor
    They both asked my daughter questions (No trick questions) and did not make her feel like she was a fraud, we
    was told to go out the room while they made their decision and was called back in and told we should of never of been turned down as they said my daughter had limited capability to work and awarded her 15 points.
    However she has now been sent another form to fill in and has been told she will have to go for another medical
    even though she won her appeal, I just wanted to know if this is a common thing they do after winning your appeal? I would be grateful if someone could shed light on the situation
    Many thanks
    Mariner

    Comment by mandy stephenson — March 13, 2012 @ 6:19 pm

  38. Hello Mandy.

    When your daughter walked in on crutches and a plaster for her ATOS assessment I bet never in a million years did it occur to her that she would be found fit for work ? well shes not the only one this is happening to thousands of people all over Britain.
    People can’t believe it when we tell them, the usual response is ‘They can’t do that’ if I had a pound for every person who said that to me I wouldn’t need to be in receipt of ESA.

    People who have brain tumours and Lung cancer coughing up blood in the ATOS centre are being found for work, it’s an absolute scandal and has been going on for over three years now, it’s about time something was done about it don’t you think ? but nothing is being done about it even though these so called members of parliament all know about it, I ask you what kind of democracy is that ?.

    She quite rightly won her appeal and anyone would think they would get the message and leave her alone for a while ? but I fear not. they are not going to leave any of us alone, the idea is to keep hounding us until we die or come of sickness benefits.

    So yes it’s normal to be called for an an ATOS assessment shortly after winning an appeal, and I urge your daughter, do not allow herself to be intimidated by these people just keep playing there sad game and keep getting medical evidence and keep appealing, at least until we find a way out of this..!!

    By the way…if your daughter needs help or support any time in the future then we can give that help here at the forum http://www.dwpexamination.org

    Comment by dwpexamination — March 13, 2012 @ 7:04 pm

  39. I know its an absolute disgrace,I am a social care worker and the amount of people I care for are having the same problem, we will continue to fight this and its nice to know help and support is on hand, im sure this site will be a god send for my daughter and many other people in the same position
    Mandy

    Comment by mandy — March 13, 2012 @ 9:07 pm

  40. Hello Mandy.

    A thousand people a day look at the various pages on this site, they rarely ask questions, I suppose they can get the information by scouring this Blog and others like (Why wait for ever, ABC of ESA, benefits and work,UKBIX, Black triangle and all the others like our own forum http://www.dwpexamination.org so don’t need to ask.
    But a thousand people every day on this Blog alone just shows how many people are being stitched up by ATOS and the DWP, and it’s going to get worse when the people who receive DLA get told they are no longer eligible, I reckon the internet will be bursting at the seams when the welfare reforms really take hold..!!
    It’s really amazing how many people there are out there who haven’t a clue what’s going to hit them shortly..!!

    Comment by dwpexamination — March 13, 2012 @ 9:57 pm

  41. When your daughter fell at work, was it as a result of a slip, trip or fall accident or some other negligence of the employer?
    If this was the case, your daughter may be in line for a claim against the employer for not maintaining a safe working environment.
    I ask this as I was a Safety Rep for my Trade Union for 7 years.
    You have 7 years from this accident to make a claim.

    Comment by Anonymous — March 14, 2012 @ 12:28 am

  42. Hi
    My daughter was a teacher for disabled children and her leg just gave way at work, she didnt have an accident or fall, to begin with they thought it was her tendon as she was in considerable pain, because of the length of time she had off they dismissed her, but paid her a weeks pay for every year she was there (7 years), sounds like redundancy to me dont you think? The council was making cuts and I think it was a way to get her out.
    Mandy

    Comment by mandy — March 14, 2012 @ 10:57 am

  43. Hello Mandy.

    Yes I agree, and the irony is, the Government are telling everyone who is ill to get a job, on the one hand we have ATOS occupational health who find you unfit for work, and on the other we have ATOS healthcare who find you fit for work. Honestly you couldn’t make it up no matter how hard you tried..!!

    Comment by dwpexamination — March 14, 2012 @ 3:41 pm

  44. ESA Appeal Won! From Wrag to Support
    My advice pick every lie up they said on medical and explain why its wrong,question why a nurse has made the decision not a specialist,appeal ASAP with as much evidence as you can.
    I won on the grounds that the DWP had went against medical evidence and couldn’t explain why,also because they didn’t account for my mental health which was written on initial form.
    Fight all the way,good luck

    Comment by jax — April 18, 2012 @ 7:47 am

  45. Hi! I am back again – I wrote on here about a month ago when I had just come back from an Atos assessment.

    Today I got a letter and I was given 0 points and my letter from the DWP was full of half truths.

    I don’t know the first thing about appealing. I don’t feel well enough to do anything. I might be able to go through with it if I can get some support and advice. I had the letter yesterday and it was dated 25th and it is now the weekend so I can’t do anything but I don’t know what to do. My GP is on holiday till middle of May aswell. What do I do next?

    Comment by A Christian — April 28, 2012 @ 1:27 am

  46. Hello A Christian.

    The first thing we do is stay calm and focused, you are going to take one thing at a time and you have a month to do it, and the first thing to understand is that to receive zero points is normal, we are going to play their little game now, and as I said we do it in stages.

    The first thing we do is write a letter to the DWP, nothing fancy, just explain on the letter that you have received their letter dated such and such and wish to appeal against their decision to find you fit for work, in order to do this could you please forward me a GL24 appeal form and the ESA 85 assessment report, don’t forget to put your national insurance number on it, this is your number and can only be you, it goes on everything you write to the DWP.

    Next step is to visit your Job centre plus, and ask for a GL24 form, yes I know that contradicts what I have just said above, why do you send a letter asking for a GL24 and now you are going to go in to the JC plus and ask for one, the reason is the letter you have sent asking for the GL24 form and the ESA 85 assessment report is really just asking for the assessment report and at the same time you are giving them notice that you are definitely appealing and wish the report and the appeal form to show them you are serious, there is another reason for writing and asking for these two items, they do not want to send you the assessment report, they do not want you to see what you are appealing against, because they just want you to go away and leave them alone, don’t take this personally, they are doing this to everyone, that is why I said we take it in stages and understand they are playing the game of fob him off, so of course if they are deliberately going to delay the ESA 85 assessment report it stands to reason they can’t send you a GL24 form to appeal with, because they know you are going to ask them (By letter) if you can send me a GL24 appeal form then why can’t you send me my ESA 85 assessment report so that I can see what I am appealing against.

    Remember, you have one month to appeal, and it can be god knows how long before they decide to send you the report, they reason with a bit of luck you will be stupid enough to actually wait for the assessment report, which means you will not meet the strict monthly deadline, then they can make your life a misery because they will argue that it’s your responsibility to get a GL24 from thin air and form your appeal, yes I know what you are thinking by god these people are desperate, they will try any trick, stoop to any level just to deny you of your rights, and that is exactly what’s happening, this is what they have been told to do, but they don’t know that you are now clued up.

    The next stage is to look at the GL24 appeal form and you will see a box on there to write your appeal, that’s where you write that you wish to appeal against their decision to find you fit for work, at the moment I still haven’t received my ESA85 assessment report and until I have time to study it then please do not treat this as the whole of my appeal, that will follow later when I receive the report, because I wish to give notice that this is the first part of my appeal and the rest will follow later on A4 paper when I receive the report.
    When the ESA 85 assessment report finally does arrive then you can study it, scrutinise every lie the ATOS DR said about you then write the rest of your appeal on A4 paper, describing your functional ability in relation to the workplace, how far you can walk etc, when you are satisfied make sure you copy it and send by recorded delivery, this is so they cannot say they never received it. at least you can prove you sent it.

    How you word it all is up to you, the point is to get it across to them that you are appealing on an official form (GL24) and the rest will follow on A4 paper when you finally get round to sending me the ESA 85.

    Next step, is to get a sick line from your GP dated from the date the DWP said on their letter to you that you were fit for work, and attache it on to a letter along with your appeal form, on the letter just put something like, I understand that to receive the assessment rate while I wait for my appeal to be heard I will be required by law to supply your office with a sicknote, please find attached to this letter one sick note dated from such and such, and also my GL24 appeal submission, again the wording is up to you, I’m just giving you the main gist.

    Next step is to contact your local welfare rights or the CAB and explain that you are appealing a DWP fit for work decision and can they help, they will help you the best they can.

    That is it basically, sorry for the long winded explanation, but it’s not easy to understand what is going on until it’s explained in detail.

    Take everything in stages and you will find it is less stressful and easier to cope with, everything from now on is a waiting game,

    Comment by dwpexamination — April 28, 2012 @ 7:33 am

  47. Hi A Christian.

    I forgot to mention, you can get great support and any questions answered at the forum http://www.dwpexamination.org from people who have been where you are countless times, they can help as well with appeals and what to do next etc.

    Comment by dwpexamination — April 28, 2012 @ 7:42 am

  48. Hi! Thank you so much for this. I will need to print it out and read it. I am having problems reading which makes it harder.Just want to commend you for taking a stand and doing this website. I am so appalled with everything I have seen going on lately – I am signed up to you on facebook aswell – I know there are people worse than me that are getting zeros – it seems like the system is designed to just wipe us all out. I felt so weak at the knees when I got the letter but having had time to think a bit I feel really strongly that I need to take action and fight them for justice for the benefit of me and for everyone else that has been on the receiving end of this inhumane system!
    Anthea

    Comment by A Christian — April 29, 2012 @ 3:49 pm

  49. Hello Anthea.

    Remember I said to go in to the Job centre and get a GL24, well I can tell you my experience because I’m appealing right now, and I didn’t need to send the GL24, read on and I will explain.

    As I said, the best thing to do is write a letter and explain you wish to appeal and could you send me the ESA 85 and a GL24, and at the same time get the GL24 from the job centre, well I carried out the first part but I delayed sending the GL24 appeal because I wanted to see the ESA 85 assessment report first, well it turns out they sent me a letter back saying that since I’m appealing and sent in a sick note (in order to comply with the law) they will pay me the assessment rate as soon as possible and if I have any further evidence they will consider it to see if they can allow my appeal there and then.

    Of course they will reconsider nothing, this is just a ploy to take my mind of the ESA 85 and I will not be falling for that, so I have prepared another letter and this time I have informed them and acknowledged with thanks for accepting my appeal and since you are paying me the assessment rate then you acknowledge receipt of my sicknote as well, and also the fact that my appeal has started, but before I can write out the rest of my appeal I wish to see the ESA 85 and can you forward me it immediately.

    As I said they are going to re-consider nothing it’s just a con, and since they have accepted my appeal has started and conceded the assessment rate then waiting for the ESA 85 is no problem because I can send the second part of the appeal when it suits me and not them, because there is no time limit now because they have accepted my appeal.

    So get the GL24 but keep it to see if they contact you before the month is out, if so you can follow me as above, if not then you have lost nothing but just carry on and fill in the GL24 form and mention that since they haven’t sent you the ESA 85 then please don’t accept this as my main appeal, but just the start in order to comply with the Monthly deadline the rest of the appeal will follow when you have forwarded me the ESA 85 report, because obviously I cannot submit the full appeal until I have had time to read and study the ESA 85 in order to get a full idea on what I’m actually appealing against.

    As I said everything is done in stages to keep stress levels to a minimum. If anything is unclear then let me know.

    Comment by dwpexamination — April 29, 2012 @ 4:56 pm

  50. Hi! thanks for your help with this. I have a few more questions. Lots of questions!

    Firstly – what if you have already sent in all you medical evidence – it all went in with the WCA – and the Atos doctor had copies of it when I went to the assessment. Do you have to send it all in again.

    What happens when you have sent in your appeal do the DWP reassess it and is it possible they will change their decision or more likely they will push it further to a tribunal?

    If you lost an appeal do you have to pay back the appeal rate money that they paid you up to the appeal?

    If you win an appeal – how long before the next time they call you for an assessment? Are they making people keep going back to Atos?

    With regard to claiming benefits – what if you lost an appeal does it affect you ability to claim benefits again – do they hold it against people if they have not appealed or appealed and lost?

    I am sorry to grill you with all these questions….but I have never been here before but I need to know as much as I can to be prepared!

    Comment by A Christian — May 4, 2012 @ 4:29 am

  51. Howdy A Christian.

    First of all you are no longer dealing with ATOS (Unless you want to make a complaint against them) you are in the hands of the DWP now and this is what I can tell you. It’s been our experience that ATOS do not send your medical evidence to the DWP decision maker, and please do not take this the wrong way, but it seems to me that you are not getting the message yet, they want you off benefits and therfore off the sickness figures, they are prepared to lie cheat and fabricate medical assessments which as you know is breaking the law so ask yourself why would they send evidence on your behalf to the DWP ?, evidence that contradicts what they have just told you and compromises their recent decision to find you fit for work ? could you tell me one single reason why they would do that ?.

    Secondly it’s possible they may change their decision, but the evidence would have to be more than overwhelming, it’s more likely and the majority of peoples experience that they will forward to the tribunal.

    If you lose your appeal then you pay them back nothing, not one single penny, you just don’t get the working component rate backdated that’s all.

    If you win an appeal they usually call you back within a couple of months, and yes they are making people keep going back to ATOS, because they reason that your brain cancer, lung cancer may disappear or your legs that were amputated may grow back in.

    Again if you lose an appeal they just tell you to sign on, but you can make a new claim for ESA (They do not hold it against you, and neither are they allowed too) though instead of signing on, subject to a couple of easily met conditions, the first condition is that six months has to pass when you were informed you were fit for work, since it is taking more than six months for the appeals to be heard then that part is easily met, and the other condition is that your health has to be worse or you have a new health condition, plenty of people have failed at a tribunal and just made a new application for Employment and support allowance.

    Comment by dwpexamination — May 4, 2012 @ 6:35 am

  52. Hi! Thanks for this. That is interesting. The lady that assessed me at Atos told me that she would send the DWP all my medical evidence and I specifically asked her about it and she told me ‘she had flipped through it’ and that the DWP would be given it. I phoned the DWP after the exam and another lady answered who got very cross with me for asking if they had received it and was really rude and aggressive. I was horrified as all I did was simply to ask if they had got everything they needed and I got shouted down. I made the mistake of not telling them how bad I was on my worst days on my form.

    Comment by A Christian — May 4, 2012 @ 5:19 pm

  53. Hi A Christian.

    The reason she got cross, rude then aggressive was because (Besides being an ignoramus) you had pinned her down, they do not have your medical evidence believe me, but now that you have phoned and inquired they may panic and try and see if they can receive it, they can do it, but if they do it’s not for your benefit.
    (PS) No pun intended.

    Comment by dwpexamination — May 4, 2012 @ 5:47 pm

  54. Hi! It is pathetic isn’t it. I have just found a link to the WCA handbook – found it on another forum I was looking at and having read it I have seen glaring discrepancies between what they handbook says and what my experience of the medical was like. I wonder if I should also add those bits and refer to the WCA handbook. The handbook gives advice to Atos on how to avoid mistakes in the report that could cause a tribunal to undermine their evidence. Have you seen this book before? I think that I have seen a mistake that has been written in my report that could be worth drawing attention to. I am still waiting for the assessment report. Starting to get my solicitor hat on now. I used to work for the government as an enforcement officer – not for the DWP though :-)

    Comment by A Christian — May 5, 2012 @ 12:29 am

  55. Hello A Cristian.

    I think your beginning to get the message, yes we have it on the useful links page of the forum http://www.dwpexamination.org, they don’t even follow their own guidelines on their own DWP handbook.
    There’s absolutely no reason why you can’t or shouldn’t mention these mistakes, as long as it’s done politely as in ”may I remind you that on the DWP handbook it says etc etc.
    Rather than (And by the way there must be hundreds of them) I told that idiot of a Doctor etc etc..LOL.

    By the way, there’s usually at least half a dozen mistakes, sometimes a dozen, the more you look at an ESA 85 assessment report the more mistakes you’ll see.

    Comment by dwpexamination — May 5, 2012 @ 5:19 am

  56. Hi there,I wish I found this earlier as it would have save me with alot of trouble, as I had to go to a ATOS last months because of my mental illness I’am suffering from depression and anorexia with bulimic phases,this ATOS doctor asked me alot of stupid question which has nothing to do with mental health, this so called doctors have no clue about mental health.

    I just recieved the letter about my entitlement to ESA and it says that they are going to stop my benefits entitlement on the 30/05/2012,

    it also has a assessment report which says about my Mental Functions-which states that I can manage to dress and wash my self…and that I’am not eating properly….erm I have a eating disorder….which they are nothing saying about…and that I’am only on mild antidepressions…and that I was able to attend to the assement on my own.

    Coping with social situations- because I’am anxious of meeting people and my panic attacks…the doctor…says that I have not got a problem with socialising oder interacting with people and that I can walk around the supermarket and do my own shopping….Hello I live on my own…what elses can I do ?

    They have twisted every single word what I told the ATOS doctor.

    I phoned to them and this women was not very helpful.

    And so I went yesterday to the Citizens Advice Bureue and made a appeal against their decision and I have got sick note from my GP but I don’t know if they will stop my benefits while I’am appeal then I’ll stay without money or if they still pay me but less.

    They are cause me so much stress now and I don’t need that.

    I’am going to let you know what happens.

    with regards

    Sonja

    Comment by Sonja — May 10, 2012 @ 3:20 pm

  57. Hello Sonja.

    Make sure the DWP get that sicknote, and don’t forget to ask them for the assessment rate while you are waiting for the appeal to be heard.
    Log in to the forum http://www.dwpexaminaion.org and any questions they will be glad to answer.

    Comment by dwpexamination — May 10, 2012 @ 4:19 pm

  58. Hi,the assessment points were 0,
    I have a appointment tomorrow I’ll asked the lady to send the sick note and help to get the assessment reports because I really want to see it.

    with regards

    Sonja

    Comment by Sonja — May 10, 2012 @ 4:48 pm

  59. Hi All,
    Have to say after reading about ATOS, can only agree, like others had so called medical, which was a waste of my time, the person did not introduce them selves, could have been the cleaner for all I know.
    The medical followed almost the same as everyone else, did not take any notice of what I was saying, could have been talking to the wall.
    Like other ESA was denied, am appealing, with CAB help, but not surprised that it was denied, like others have worked since I was 15, now 55, paid in to the system for 39 out of 40 years, what a joke, would have been better to have put the money into an ISSA account and would have more from the interest alone.
    Thought the system we paid into was there to help when you are sick, but no.
    Well now have to wait to see the outcome of my appeal.

    Comment by ray — May 14, 2012 @ 12:21 am

  60. Hello Ray.

    At my recent medical assessment your post sounds like me word for word, no introduction, no badge and could have been the cleaner.
    By the way, make sure you ask for the full ESA 85 assessment report, they are trying not to send them on to people these days, make sure you insist on getting one rather than the one page condensed version they hope you will accept.

    Comment by dwpexamination — May 14, 2012 @ 5:45 am

  61. Hi Thanks for replying, my view is they just could not careless, there view is if you are still breathing, there is nothing wrong with you, know doubt, when your in your wooden box they will even check that to make sure.
    Sadly now they are starting on the disabled, using no doubt ATOS again, what a nasty country we have become.
    The ESA 85 assessment report, have a report called ESA65 which is 3 pages long, tells you nothing really, think this the condensed version.
    many thanks for your info, and hope you get a better result than me, but don`t hold your breath.

    Comment by ray — May 14, 2012 @ 6:43 am

  62. Ray.

    That’s what they are sending people now the ESA 65 rather than the ESA 85, the reason why is simple, far too many people are winning their appeals, so they have had a rethink, why not limit the assessment information we give them and make it as difficult as possible to launch an appeal, after all if we limit their information then how will they know what they are appealing against…That’s what you call a shower of Bastards.

    Comment by dwpexamination — May 14, 2012 @ 6:59 am

  63. Hi,the problem is with me appealing against their dicision is that I’am going to move back to Germany for good on the 4.July the reason for that is that my father died last and my mother is on her own.

    And so I went to the Jobcentre on Friday to asked them for some advice,the women asked me why are you appealing when you are moving back to Germany because it will take up to 9 months for a Appeal Hearing,I asked what Benefits I could claim as I need the money for the final bills BT,Electrity etc she said to me well because I have a mental health problem and have a sicknote from my GP I won’t be able to claim Jobseeker Allowance because for you need to be well enough for a job which you are not…the she said yes…do the appeal.

    I also ask the women at the JCP if I could fill in a Statement were I’am asking for the medical assessment reports which I did and the women gave me a copy of that Statement and my sicknote from my GP.

    My worries is now what is going to happen if the DWP don’t accept my appeal…my last payment will be by the 30.05.2012 and then it would have been on the 12.06.2012 which I won’t be paid….then I’ll stay without money and I won’t know how to pay the final bills…ooh I know what I do I’ll tell the BT,EDF and the Council to send all the final bills to the DWP because they are the ones who are stopping my benefit money.

    I phone to the DWP explaining that I’am moving back to Germany for good on the 4.05.2012 and therefor I’am going to stop the benefits anyway why could they not leave it just like how it is for now and the not friendly DWP women said to me we can’t do that as it is not our problem it is your business.

    I’am thinking of getting in touch with my local MP which we have 2 of them,the 1 is Sir Malcom Leslie Rifkind and the 2 is Greg Hands and both they are tories…but would it be worth by doing so ?

    But then I have to try everthing I can do to fight this DWP before they are stopping my money as I got only 1 1/2 months till I go back to Germany…there putting me through so much stress now this DWP and I don’t need that right now.

    And then when I’am going back to Germany I have to go too the Germany Social Service…in another word I’am going from a soucepan to a frying pan….arrrgh you can’twin with them. :(

    Comment by Sonja — May 14, 2012 @ 8:04 am

  64. Hello Sonja.

    Carry on with the appeal, send a sicknote and a GL24 appeal form and ask to be paid the assessment rate, tell them nothing about Germany, in fact tell the DWP nothing they don’t need to know, just carry on with the appeal and get some money.

    There is no such a thing as the DWP refusing to accept your appeal, they can only say they have reconsidered your appeal and your appeal has failed, as soon as you get that letter (A standard letter by the way) then you send them a short letter back thanking them for reconsidering but you would like to appeal to the first tier tribunal anyway.
    Worry about what happens in the future in the future, don’t worry about something that hasn’t even happened yet.

    So to recap, carry on with the appeal because you have nothing to lose, and plenty to lose if you don’t carry on with the appeal, the assessment rate and your rent being paid now is one thing you could lose if you baulk now.

    As for the German social service, I don’t know anything about them, would like to know something, for instance is it possible they can be worse than this present lot..?.

    Comment by dwpexamination — May 14, 2012 @ 8:58 am

  65. I have read on a German Forum who are against like you the German Social Service called Hartz 4…where people are getting abused and by worker from the Social Social Sercive I’am not paying from my money to feed your kids or for you food and bills and are refused access to their benefits or even denite to buy any beds or washing machine etc.

    I went to a German Jobcentre to get some information about the benefits over there the first question from there was…do you have any savings,house and how much income does your mother have.

    I said well…I don’t have any savings and as for the house it belongs to my mother and she lives on her widows pension.

    And then next question was if your mother dies to whom belongs the house then and I knew that they will asked this question and I said to my sister and brother but I did not say that I will have some rights of that house too because if I would have done so I know I’ll be in trouble,because if my mother dies then they will say you don’t get any benefits because you have the house or they will say ok will take the money from the house which you have to sale.

    The German Social Service have a new thing by putting everybody on a 1 Euro job let’s say like a £ 1 if you refuse it your benefits either will be cut or stop but many firms they don’t want to take on 1 Euro = £ 1 jobber because it is too much paper work.

    And the best thing is if you do a 1 Euro = £ 1 job this 1 Euro = £ 1 will be taken out of your benefits as it counts for a income.

    Comment by Sonja — May 14, 2012 @ 10:06 am

  66. Hello Sonja.

    Germany sounds as bad as here, maybe even worse, the whole of Europe is going to be Americanised…God save us…!!

    Comment by dwpexamination — May 14, 2012 @ 10:56 am

  67. The Euro has gone mad and i think as long we have this idiots in our parliaments like David Cameron or Mrs. Frau Maerkel in power then us little people are going to suffer btw they had a election in Germany and the German Tories Mrs.Maerkel lost a lot of Seats the German Labours with the Green Parties and a Party called Pirates have won alot of seat.

    I think that there will be a big change very soon in Europe the sooner the better and we need it very fast.

    Comment by Sonja — May 14, 2012 @ 11:18 am

  68. Hello Sonia.

    I like the pirates, I like the sound of them, a bit of swashbuckling is needed here as well’
    A bit of Captain Morgan not JP Morgan..!!

    Comment by dwpexamination — May 14, 2012 @ 1:55 pm

  69. Do you agree or disagree that the disabled are bearing the brunt ?.
    Click on the link below and cast your vote.

    http://www.telegraph.co.uk/news/politics/9263453/500000-to-lose-disability-benefit.html#pd_a_6225639

    Comment by dwpexamination — May 14, 2012 @ 7:48 pm

  70. Hi Thanks for in info re ESA 85, have sent off FOI form saying I want the full ESA 85,then I can see what I`m dealing with.
    Yes agree what a nasty bunch of bastards.
    But what can you expect from the Tories, if you not rich, as far as they are concerned, we can do as we please, this lot would be good in Nazi Germany.

    Comment by ray — May 16, 2012 @ 7:28 pm

  71. @Ray…I’am a German and I been here in the UK 23 years now and I’am about to go back for good to Germany and believe I’am going from soucepan to a frying pan because the Social Service over there is much more worse :/

    Comment by Sonja — May 16, 2012 @ 7:40 pm

  72. Hello Ray.

    They have no mandate and do not have the support of the British people, they recognise this and are doing there worst because they know they will never be elected again, scum as far as I’m concerned.

    Comment by dwpexamination — May 17, 2012 @ 5:42 am

  73. God save you Sonja..!!

    Comment by dwpexamination — May 17, 2012 @ 5:43 am

  74. I wrote to Atos and made a complaint about the healthcare professional and atos did write back and said they had looked at my case and my argument. I said a lot of important info had not been mentioned and I stated what that was and I reiterated the letter from my Manager where I do voluntary work for around 1.5 hours a day where she stated quite clearly in the letter that I can not do more that that amount of work as I become absolutely drained and go all dizzy etc and often feel I shall crash,out. They sent the letter to the DWP and I then got an email from my MP to say he was sorry but the DWP had reassessed my situation and basically I had lost my appeal so now I have to go to tribunal. I also wrote to David Cameron telling him what I thought of this government and what would the European court of human rights say about the way we are being treated. I got a letter back from his office saying they would pass my letter on to the DWP and then I got this standard letter from the DWP about it is not what you can not do bla bla bla so there we have it.I am simply banging my head against a brick wall but onwards and upwards I will fight on.

    Comment by Casimira — May 25, 2012 @ 9:50 am

  75. Hi, why am I not surprised, if you have a Tory MP, it would be a waste of time writing to them.
    As for ATOS, what I have been told they get £14,000 bonus for each person they get off ESA.

    Comment by ray — May 25, 2012 @ 5:33 pm

  76. I am not sure if that is correct about them getting a bonus as I asked someone employed by MIND, an expert in welfare rights and she stated that ATOS does not get a bonus so I wonder if she was right. I certainly am not sticking up for ATOS, I would love to sue them actually and I am sure it is in their interest to get us off benefits as no doubt the Government has given them targets and I read that the government is planning to get 500,000 off sickness benefits in the next couple of years which obviously they are partly achieving although 40 percent win their sickness benefits back in tribunals so I read

    Comment by Casimira — May 25, 2012 @ 5:43 pm

  77. And yes I do have a Tory MP, though I suppose he did email me half a dozen times which was something, not that it helped obviously because now I have to go to a tribunal

    Comment by Casimira — May 25, 2012 @ 5:49 pm

  78. I was thinking off writing to my local MP but I thoung we have 2 of them and they are both tories.

    As the DWP going to stop my benefits and next week on the 30.may is the last payment and I don’t know what happens after that as I have not heared from the DWP.

    Btw I have received a letter from the Council that they are going to stop my housing benefits and so went to the Council and I told them what is going on and that I’am appealing against the DWP decision and I had to fill a form because there is a change of circumstances…but I don’t if they will pay the housing benefits.

    They are putting people through hell.

    Comment by Sonja — May 25, 2012 @ 6:07 pm

  79. It’s 70% winning their appeals if they are represented by welfare rights or the CAB Casimira.

    Comment by dwpexamination — May 25, 2012 @ 8:09 pm

  80. Hi re about the bonus, this I was told about by a friend, it was on the wright stuff on TV, this was daytime TV, which I never watch, friend phoned me up that evening, and told me.
    Re about the appeal, am already doing this, and thanks to info and help from CAB, was told while you are appealing, your ESA payment restarts, hope that helps.

    Comment by ray — May 25, 2012 @ 8:12 pm

  81. Hi Ray yes thanks for that am getting esa lower rate while waiting appeal process and now waiting for info regarding tribunal. Just written again to DWP telling them “If I lose at tribunal and have to go on job seekers am I supposed to lie on application forms where it says do you have any health problems and how do they affect you? or should I tell the truth that after an hour or two I will go all dizzy and crash out in an employment, ( have done in 7 previous employments so it is nothing new except stress levels much worse now so can no longer attempt it!!!? Some how I do not think they will answer me do you!!!!!!
    Yes I heard it was 70% winning appeal with the help of a welfare officer which is good

    Comment by Casimira — May 25, 2012 @ 9:03 pm

  82. BY the way you should always contact your MP no matter what party they are from after all even if they are Tory it is their party at the moment which is giving us grief and they need to know what they are putting us through. The more people who contact their MPs the more clout we will have so Sonja I think it would be a good idea even if he does not win your case for you. Mine got the Area Manager to ring me to calm me down, so if I have to go on job seekers I will demand to speak to the Area Manager and if they do not help me I will book to see my MP in person at his surgery. I will not give this fight up. Your family, my family and friends and I myself have paid into the welfare system so when I you or any of your family or friend are unwell it should be there to help us and not to rob the weak and vulnerable

    Comment by Casimira — May 25, 2012 @ 9:14 pm

  83. Hi yes agree with you, I like many others have paid into the system for many years, me since I was 15,
    now 55, agree about MP, that is next thing to be done.
    Like yourself, the minute you put down medical problems you have no chance.

    Comment by ray — May 25, 2012 @ 9:41 pm

  84. Hello Ray.

    Logic tells us they must have a very strong incentive to carry out their dreadful work all over Britain with such zeal, there’s no greater incentive than money, believe it they get a remunerative bonus all right, and this person from MIND this so called expert on welfare rights is in my opinion a deluded fool if they actually believe that ATOS HCPs don’t get a bonus for every one they find fit for work..!!

    Comment by dwpexamination — May 26, 2012 @ 6:47 am

  85. Hello Casimira.

    If you were in the unfortunate position of losing an appeal then there’s no need to sign on, you can just re-apply for ESA stating a new condition or a worsening of your old one, as long as six months have passed since last told by the DWP you were fit for work.

    Comment by dwpexamination — May 26, 2012 @ 6:51 am

  86. Oh thank you for that. I did not realise that. That is good to know. Any way I think the process of tribunal takes at least 6 months as there are so many of us!!!!

    Comment by Casimira — May 26, 2012 @ 8:14 am

  87. Hi according to my letter from CAB yes it takes 6 months, because of the amount of appeals, going in, thought this might ring alarm bells as to why so many appeals, and look at ATOS.
    Remember that company A3E that was getting loads of money, and is now under investigation by the police.
    Any company getting big fat bonus`s, is going to play fast and loose.
    The more I`m finding out the more, it is not surprising me anymore.

    Comment by ray — May 26, 2012 @ 7:43 pm

  88. that should have been A4e

    Comment by ray — May 26, 2012 @ 7:44 pm

  89. My so called ESA85 i requested from the DWP beggars belief i feel it is not worth the paper it is printed on most of what i said she has put the opposite is also full of contradiction and supposition.I was physically and mentally abused as a child by my father I then was bullied severely at school and beyond into adulthood as a result i have suffered depression with anxiety and paranoia.Am in process of appealing.I was flabbergasted to find out from my doctor recently that these people(if you can call them that) who conduct these assessments are given TWO HUNDRED AND FIFTY POUNDS for every individual they find as fit for work!!!.Well I hope this blood money causesthem nothing but misery.Keep up all the good work you are doing on behalf of us all.

    Comment by Tony-30th May 2012 — May 30, 2012 @ 1:32 pm

  90. Hello Tony.

    They are not people, they are creatures, like creatures of the night, blood suckers. £250 every assessment ? It wouldn’t surprise me.

    Comment by dwpexamination — May 31, 2012 @ 4:58 am

  91. Hi guys need some advice please have been given DLA at highest level through home visit from Doctor rec a letter confirming appoint made conf to them need a home visit they have denied this and told me i need to keep my appointment . I cannot due to sever backpain and walking is a no no what do i do?

    Comment by Anonymous — June 25, 2012 @ 4:22 pm

  92. please ignore above request i have worded it all wrong sorry MRD

    Comment by Anonymous — June 25, 2012 @ 4:25 pm

  93. This feels so hard that I can see part of what they are hoping will happen as I got my letter saturday saying Nil points and despite having read much of the content of these forums still just kind feel like curling up in a dark corner and hoping it goes away (which I know it wont do obviously)

    But I suspect that many people do falter, cave in and as a result find themselves with nothing and even homeless as a result

    I’ve phoned my doctor but all I can think about right now is that surely the government must also be trying to put pressure on doctors to try and stop the amount of appeals so what if my doctor wont give a sick note because his surgery is planning to do the new self managing thing with their funding or some other reason

    He has actually been really good, but that doesnt stop this sort of stuff going through your head and I cant get an appointment sooner than a week so it will be a week of hell

    What makes it more annoying is that I accept that there needs to be cutbacks and god knows I feel pathetic enough about not being able to earn my own keep too. But the way they seem to be going about all of this just seems appalling and not what should be the case

    And ironically the rich are far more to blame for the current mess our economy is in rather than the poor or even the people on benefits. And yet with all the cuts we are seeing the rich are actually increasing their share of the countries net wealth and the gap between the riches and poorest in the country is getting wider

    Its more like the plot to a distopian science fiction film than what we should be seeing in the here and now

    Comment by Mike — July 2, 2012 @ 5:31 pm

  94. Hello All,
    I would like some advice please. I have severe ME/CFS and am mainly bedbound. I had a home visit (which I had to fight for) and have been put on the WRAG even though I can’t get out of bed most of the time and can definately not work! I haven’t got a copy of my medical report so don’t know what the Dr said. I did however record the interview with a hidden recording device. I will be appealing to be put in the Support Group. I know I need my medical report. I would like advice as to what to do next. I have read you can ask for a decision change. Who do I ask and is it the same as an appeal? Do I need to fill in a form at this point? Or do I just write to the Job Centre saying why I want a decision change? I have cognitive problems and find their procedure confusing. What happens if they delay sending me my medical report and I miss the month deadline?

    The local press reported a protest against ESA and Atos here in Birmingham. i was too ill to go but it’s vital that well people fight for us. i used to be a trade union and political activist. Now I need the able bodied to fight for me as I can’t do it myself.

    Comment by redrosa — July 10, 2012 @ 10:04 pm

  95. Hello redrosa.

    Write a letter to the DWP, explain that you do not agree with their decision to place you in the work related group and therefore wish to appeal to get in the support group.
    To appeal you will need from the DWP a GL 24 appeal form, you will also need the ESA 85 assessment report, you need the report to see what the HCP said about you in order for you to compose a proper appeal.
    A the moment we are finding that the DWP do not want to send the ESA 85s on to us because it makes it easier to compose an appeal, so when you get the GL 24 appeal form state you wish to appeal and will send the rest of the appeal forward when you receive the ESA 85.
    Alternatively you can get a friend to drop in to the nearest Job centre plus and ask for a GL 24 appeal form, they usually just hand them out with no questions asked.
    Also contact your nearest CAB or welfare rights and ask for their help, but the most important thing is to get that GL24 form and state on there that you are appealing and also let them know that when you get the ESA 85 assessment report you will forward them the rest of your appeal in full.

    You can also visit our sister site here at http://www.dwpexamination.org and they will help you to compose the appeal along with other vital information.

    Comment by dwpexamination — July 10, 2012 @ 10:40 pm

  96. Hi agree with all the above, yes CAB are really good at knowing how to deal with this.
    I did get my ESA85 after putting in a freedom of information form, there not very keen on giving it but freedom of information form means they must by law.
    Don`t know if anyone else was reading this in the papers recently, but one person has passed away after, getting some much stress, he had a heart condition, and it was too much for him, very sad.
    Know doubt this goverment, is pleased with itself.
    Cameron and his friends must be dancing with joy hoping more go.
    What a hateful goverment we have.

    Comment by ray — July 10, 2012 @ 10:59 pm

  97. Hello Ray.

    Google in Brendan O’Neill and Calums list, Brendan O’Neill and the Government and the rest of their lackeys in the media are trying to stop people from seeing it.

    Comment by dwpexamination — July 11, 2012 @ 4:42 am

  98. Hi yes I did go to both sites as I could see Brendan O`Neill is an out and out tory who loves nothing more than kicking the iLL AND Disabled and people who have lost there jobs thought no fault of there own,
    And can see Calums list is getting longer and will no doubt get a lot bigger as weeks and months go by.
    Welcome to Britain tory style, going back to dickens time.

    Comment by ray — July 11, 2012 @ 4:31 pm

  99. Strangely enough Ray, he used to be on the left, Cameron maybe gave him a little pat on the bum eh..!!

    Comment by dwpexamination — July 11, 2012 @ 6:30 pm

  100. wondered if any one saw the two programs yesterday, on channel 4 and BBC2 was interesting to know what the real agenda is.

    Comment by ray — July 31, 2012 @ 8:55 pm

  101. Ray… ”Was interesting to know what the real agenda is”
    I’m not being funny but surely you are kidding ?.

    Comment by dwpexamination — July 31, 2012 @ 10:01 pm

  102. what I mean was that the two program’s, were showing to people who don`t know, what sick people are really put though, you would be surprised that a lot of people in this country don`t know or did not believe what was going on with ATOS, which as the GP in the channel 4 program said ATOS is not fit for purpose, as we that have been though it already know

    Comment by ray — July 31, 2012 @ 10:19 pm

  103. Ah…my apologies Ray, I picked that up wrong, I thought you were a daily mail reader having a laugh.
    Yes your right, if anyone has or had any doubts or were under any illusions about the agenda of ATOS healthcare and this Government then they will have to have a massive re-think.

    Comment by dwpexamination — August 1, 2012 @ 6:15 am

  104. No not a daily mail reader, thanks I`m a daily mirror reader would not be seen dead reading the daily mail or as I call it the Tory party mouthpiece

    Comment by ray — August 1, 2012 @ 10:59 am

  105. Or as I call it…the Volkisher Beobachter.

    Comment by dwpexamination — August 1, 2012 @ 11:54 am

  106. hi i would like to ask a question i got signed off with 6 points in may i then asked for the decission to be changed but that came back just over a week ago still signed off i have a appointment with my doctor this morning to see if there is anything he can help with because the doctor we saw in may is on holidays till september she said she would help once it went to a appeal do i need anyhting from the doctor today because i have also got a meeting with the local c.a. b. tomorrow i have won 2 appeals before both a few years ago thank you

    Comment by kay — August 7, 2012 @ 7:13 am

  107. Hello Kay.

    Yes you do need something from your GP as quickly as possible in order for you to be paid the assessment rate, which is a sickline, make sure the sickline starts from the date the DWP decision maker informed you that you were fit for work. That’s the date you were told you were fit for work and not back to the date you were assessed by ATOS. If you go back to say a day after that date then the DWP will ruthlessly deduct a days money from your backdate pay (And probably wont even tell you).

    While you are there you may ask your GP for some kind of written support for the up and coming tribunal, you may already have that support already and have shown ATOS and the DWP copies and they have ignored them.
    Don’t worry about that, because the DWP and ATOS ignore all medical evidence anyway, but you can still use it at the appeal hearing, they will be interested in seeing it. You could ask your GP that in their opinion is the written support you have still extant.
    If not and it’s outdated then a request for a more up to date report on your health condition/s would be to your advantage.
    A combination of an old report along with a new report would be a good idea to present to a tribunal.

    Good luck and let us know how you get on..!!

    Comment by dwpexamination — August 7, 2012 @ 7:39 am

  108. hi just got back on line i have records from my second appeal a few years ago and my doctor said he will write me a letter but he never said anything about sickline i havent had a penny since june 18th but we are trying to cope on my husbands wages which is hard i didnt know i could get anything until after the appeal not sure what to do know about the sickline because trying to get to see our doctors is stupid they have stopped afternoon clinics and weekend and if the car or my husband or daughter are not here i cant get there thank you for your help so far

    Comment by kay — August 7, 2012 @ 5:49 pm

  109. Hello Kay.

    You don’t wait to see if the GP says anything about a sickline, you ask the GP for a sickline, and if you are asked why you need a sickline you say that you are appealing against a fit for work decision and the DWP are demanding one.
    You should be contacting the CAB or welfare rights to see if you are entitled to money while you wait for the appeal to be heard, whether you are entitled I don’t know that’s something you will have to check out, if you are entitled to something the DWP will definitely be demanding a sickline.

    Comment by dwpexamination — August 7, 2012 @ 5:56 pm

  110. Hi,
    First of all, well done, this is a great blog.
    My story is not un-typical of many here, but in one particular way it seems to differ from many cases I have read here and on other Welfare Right sites.
    I am bi-polar and over the past fourteen years or so I have been under various health authorities, treatment therapies, etc. Before this I worked as a design engineer and department manager.
    Until my ATOS medical (Nov 29th 2011) which was brought about when the process of heralding the migration from income support, that I had previously been on,, to ESA, I haven’t been called in for a medical by the DWP for nearly six years. I am also in receipt of DLA at low/low, which according to all communications from the DWP is awarded “indefinitely”.
    To cut a long story short, I was called for my ATOS medical on 29th of November 2011. Instead of the ‘about two weeks’ time period I was told it would take for the DWP to contact me with a decision, it was a little over a month before I received the not unexpected ‘fit for work’ scoring zero points letter from the D.M. at the DWP.

    I subsequently contacted the DWP and asked for them to ‘reassess’ my claim for ESA. To save time, (I suspected what the outcome of this would be), I asked in the same letter, that if the reassessment was not made in my favour, that it be taken as read that I wished to appeal through the HM Appeals service, which to my surprise was eventually actioned with the normal to-ing and fro-ing of paperwork.
    This initial reassessment and being turned down took a little over another month. As I was granted leave to appeal I was informed that I could be paid ESA at the lower rate until the hearing or I would have to apply for JSA. As I had been judged ‘legally fit for work’, I had no qualms about claiming JSA. Although “I” knew full well, I probably couldn’t successfully attend/complete an interview, let alone hold down any sort of regular employment, the law said I was fit for work, so I couldn’t be accused of making a fraudulent claim could I? This would mean their decision was wrong in the first place, wouldn’t it? Besides JSA is about 50% more than ESA assessment rate. Curiously I’m also paid a disability premium on top of the JSA which means that the amount of money I have coming in hasn’t altered from when I was on I.S. All this happened even though I had informed them from the outset that I had been granted leave to appeal and was only waiting for a hearing date and that I was confident of having my appeal upheld.

    Approximately five months later, on May 21st 2012, I attended the long awaited appeal (which I was initially initially informed by letter would definitely NOT take place before June 7th!). I was accompanied to/at the hearing my Community Psychiactric Nurse,and my appeal subsequently upheld with 24 points and my claim back-dated to the date of my medical last year.
    Three months later I’m still waiting to hear that I’m ‘legally’ unfit for work from the DWP and so I’m still ‘signing-on’,and attending all the other appointments I’m required to attend, as every other good little job-seeker should (don’t want to give them an excuse to stop/reduce my benefit, do I ?)
    When I first won my appeal, choosing my words carefully, I asked at the Jobcentre how long the migration to ESA would take after a successful appeal, I was told around 7 weeks. They didn’t ask if I had won my appeal and I didn’t volunteer the information.
    When, after 9 weeks I did complain to someone at the JCP, they suggested I use their free (but very publicly situated) phone service to contact my local BDC to find out what the state of play was.
    I declined, mainly because I didn’t want to discuss my private affairs where I could be overheard (a private room wasn’t offered) and that basically it wasn’t my responsibility to chase them up to do their job proficiently. But, just before writing this I have penned a letter to my local MP and will be delivering it in person tomorrow along with photocopies of the appeal documents hoping he will put a fizzer under the DWP.

    So here I sit in a sort of limbo-land ‘officially’ fit for work (the tribunal’s findings are not legally binding) waiting to be told ‘officially’ that I am unfit for work, a fact long known to me and the local mental health teamfor some considerable time.
    I have not claimed fraudulently as I am looking for work I am “capable of doing” ( I can still do all the math, drawing work, material specs, etc) the only doubtful side is how often and for how long I could do this for, especially when in the depressive phase of my illness. Once again this is something that the JCP staff are well aware of, as I’ve told them so.
    Maybe I’ve got a sympathetic bunch working at my local JCP office, as more than one or two of them have voiced their opinions to me of how much of a mess this whole debacle is.
    Mind you I’m not surprised, my first wife has worked for the DWP for over thirty years and I have never heard once from her how efficient or organised the department was, only the opposite.
    One thing I am sure of though is that no matter what is thrown at me, I won’t be throwing in the towel.
    At a recent ‘back to work’ interview I was asked if I’d considered starting my own business as there was funding available for this, when I answered “yes”, the adviser asked me “doing what exactly” I replied ” a welfare rights advisory service”. Needless to say I haven’t been asked since…..!

    Comment by Grayem — August 16, 2012 @ 5:20 pm

  111. Hello Grayem.

    First of all congratulations on winning your appeal Grayem, now I have to say, you didn’t need to sign on at all, by signing on you are effectively (At least in their eyes) saying you are capable of working, so signing on is only something that you want to do and not because they have coerced you.

    You see Grayem it’s not true that JSA is about 50% more than the assessment rate, they are both the same deal, at the end of the day everything will work out the same after you tally up the backdate money they owe you, any extra money you are getting will be deducted anyway . I don’t know who told you that or where you got that information from (Wouldn’t be surprised if the WFA told you) but it’s claptrap, and typical of the rubbish that get’s banded around by people like Iain Duncan Smith.
    A man who doesn’t even know that the recent decrease in the JSA figures is because people are working either part time (And not earning a living wage) or on some forced labour scheme to qualify for their benefits or else.
    Well actually he does know, but we wont let him have it both ways, he wants to play the ignorant bastard then we will treat him like an ignorant bastard

    The moral is if you want to know anything about welfare benefits then do not ask a Government flunkey because they will fill your head with nonsense. Instead go here http://www.dwpexamination.org to the voice of reason.

    So now that you have won your appeal, you can stop signing on for JSA anytime you decide, the decision is yours, they cannot force you, but you do need to attend work focused interview if they tell you too that is true, but since you don’t mind attending then I don’t see a problem in your case.

    Three months later I’m still waiting to hear that I’m ‘legally’ unfit for work from the DWP and so I’m still ‘signing-on’,and attending all the other appointments I’m required to attend, as every other good little job-seeker should (don’t want to give them an excuse to stop/reduce my benefit, do I ?)

    So you are still waiting for them to tell you if you have won your appeal or not ? well Grayem answer me this, why in the hell should they tell you officially that you have won your appeal ? it’s true they normally inform us by letter around 7 weeks after the appeal date if you win (It’s within a week if you lose) and the reason they are not telling you is obvious, think about it ?.

    So if you don’t get a letter together explaining you have won your appeal, with a copy of your appeal win attached to the letter and sent to them, I have news for you, THEY AREN’T GOING TO TELL YOU Jack shit, you will be signing on at the Job centre for the rest of your life.

    I apologise if I come across as blunt Grayem, but these people are not your friends, they are taking the piss out of you, they know fine well you have won your appeal, and they’ve known for months, all I ask is that you THINK ABOUT IT.

    Let us know how you get on please.

    Comment by dwpexamination — August 16, 2012 @ 6:02 pm

  112. Hi dwpexamination, thanks for your reply and I much prefer blunt than bulls**t!
    To clear up the point about JSA and the money I believe I would have lost if I went the ESA reduced rate.
    As I understand it under ESA, (because my DLA care component is low and I’m in WRAG not Support Group) I will not qualify for either the Enhanced Disability Premium nor the Severe Disability Premium so I will lose the disability component of £30.35 benefit that I have/am being paid on top of y JSA £71.00. If I had gone the ESA assessment rate route I would have lost that component (about 50% of my income), well at least it that’s how the regs seem to read to me.
    I agree they can’t force me to sign-on any more but if I don’t, where do I get money to live on until my ESA is sorted out? It’s not as if staff at my local office are unaware that I won my appeal because I’ve told them, and with the Appeal result in my bag as a ‘get out of jail free card’ they won’t be getting me to accept anything I don’t want to do.
    One young individual did try putting the ‘frighteners’ on me when I told him that this policy is ill thought out and completely irrational especially as there are no jobs (locally) available and the boast that the govt. was making that there was 10,000 jobs a week going on the books was a complete fabrication. I was then forced to quote chapter and verse of the DWP’s disciplinary procedure at him and warned him if his attitude didn’t change I would make a formal complaint, boy didn’t he soften up quick!
    Anyone in that office, or elsewhere for that matter who takes me for a fool, is heading for a rude awakening. I could say a lot more about this but it may well be misconstrued without lengthy explanation, you can always pm me if you are interested.

    As far as taking up the banner myself is concerned, at my interview at the JCP yesterday, I tried to get hold of Aberdeen BDC’s address who were dealing with my claim, to send them copies of the Appeal Tribunals findings with a polite, yet terse, letter asking them to get their finger out, but to no avail. I can’t find the address on the net so far either. Maybe going to the JCP and getting them to fax it through (whilst I’m there) might be a possibility. Using the telephone isn’t my forte as I quite often ‘go off on one’ which usually ends up with the call being terminated. But maybe after I post a more polite yet just as insistent letter through Paul Murphy MP’s letterbox tomorrow (Fri), I’ll go to MIND’s local office and enlist the help of my key worker to phone up Merthyr BDC to see if I can get any joy and I’ll try and keep you and informed.
    Keep up the good work!

    Comment by Grayem — August 16, 2012 @ 8:40 pm

  113. Hello Grayem.

    When you attended your appeal they must have gave you notification on paper Grayem, it will say that you are entitled to ESA and which descriptors were relevant to you, a copy (Never send originals to these idiots) of that notification with a letter explaining as you can see your appeal was upheld in your favour and that three months is way too long to wait for confirmation, that along with a copy of the strongest complaint to your MP should do the trick. All attached together and posted recorded delivery of course.

    Aberdeen ? with a bit of luck your MP will be Anne Begg, but I suppose the luck of the draw will land you with some Lib Dem twit who couldn’t care less if you lived or died (Except when it comes to voting day), but it’s worth pointing out to your MP anyway, because if he/she does contacts the DWP on your behalf you could find things move quickly in your favour, I believe they have to respond to an MP within 48 hours, and that usually gets them moving.

    Good to see that you are no fool Grayem (Wasn’t suggesting you were) I just don’t like to see people like yourself who play fair getting a raw deal, and that’s what these people are doing every day, people who try to play the game and do the right thing are getting pissed on, it’s outrageous and that is only just one of the things we are fighting against here.

    Anyone who works for the DWP and condones all this nonsense is nothing but scum as far as were (Co editor Nelson and I) concerned, they’re time will come, and we will weep for them NOT. they all know what’s going on, but they slither around their offices like snakes, when asked by the boss to jump, they reply ‘HOW HIGH’ I’ve yet to meet one of them with any kind of original thought, mindless drones, like products of some kind of MK ultra experiment.

    Anyway Grayem, get in there and do keep us informed.

    Comment by dwpexamination — August 16, 2012 @ 9:15 pm

  114. suffered from a fractured skull at seventeen and began suffering what I now understand to be panic attacks.my then GP (this was 1970) prescribed huge amounts weekly of valium(150-200 5 mg per week!)obviously in a very short time I had a very serious valium/alcohol abuse lifestyle.this has gone on all my adult life;psychiatrists,psychologists,behavioural theray,hypnotherapy I am now nearly 60!!! I have not used public transport in all these years and I now have prostate cancer to deal with so when I have to visit the hospital for treatment I have to take 25-30 5mg valium which renders me ignorant of any advice or instruction so much so that a lifelong friend has to act as carer.the bill for cabs knocks a huge hole in my benefit and atos are putting added huge stress on my life which for 42 years has been catastrophic to say the least.this government should hang its head in shame at such treatment;not so atos.their contract has netted them a cool hundred million pounds with more promised if they through their actions kick enough people off benefits whether they are entitled to rhem or not.well done atos!be warned people NO one is safe from this.

    Comment by brian peacock — August 23, 2012 @ 4:34 pm

  115. hi, won my tribunal in april. judge said no more meetings or forms to fill in, go away and enjoy rest of your life without worry of this. yesterday received another form to fill in and could have to go for another assessment. form esa50 03/11, is this right? anon.

    Comment by m marley — August 24, 2012 @ 6:31 am

  116. Hello m marley.

    Not to sure what you mean ”Is this right ?” no it’s not right, it’s a disgrace, on the other hand do you mean ”Is this right ?” as in do they actually do that, well to cut a long story short and since you have the proof before you, then I can confirm yes that’s what they are doing, and doing on a regular basis, AND their excuse is YOU MIGHT GET BETTER.

    Comment by dwpexamination — August 24, 2012 @ 8:14 am

  117. Hi, just reporting back as I said I would.
    Bright and early Monday morning a letter arrives from the DWP dated 16th inst. informing me that;

    “We have received an allowed appeal decision notice from the Tribunal Service of which you should have received a copy. Unfortunately some of the information on the decision notice was incorrect and has been returned to the Tribunal Service for correction.
    This will therefore cause a delay in making a decision on your Employment and Support Allowance claim. As soon as we receive the corrected decision notice, it will be referred to the relevant Benefit Centre to adjust your benefit and pay any arrears that may be due to you.”

    Monday was the three-month anniversary of my Appeal hearing! It was also the day I intended delivering (in person) a letter of complaint to my Welsh Assembly rep along with the Tribunal notice concerning the lengthy delay (I’ve been informed by many that our local Westminster MP (Lab) is not exactly the most helpful). I had also intended faxing a copy of the complaint letter to Llanelli BDC whose address was given on the top of the letter I have just quoted from above. Sort of stole my thunder a bit, I was looking forward to a good scrap!
    With any luck it won’t be too long now before it all gets sorted.
    As this whole affair started after I failed my ATOS WCA back on Nov 29th last year I’ve become quite hardened about all this ridiculous nonsense. And if there is any advice I could give to people going through what I have been through so far, it would be to try and not let this diabolical process mess your head up so much. After all is YOU that is suffering and losing sleep not the DWP!
    Keep on fighting!

    Comment by Grayem — August 24, 2012 @ 11:31 am

  118. Just this morning l recieved a letter stating that l have to go for a medical assesment by ATOS. I really cant believe this as only 2 month ago l went to an appeals board and was put back on ESA as their ruling was that l was not fit for work, how then can they send for me again in such a short period. Are they then not contradicting one another on the decision. The first doctor claiming l am fit for work and then the appeals judge and doctor reversing that decision. Please can anyone tell me whats going on here.

    Comment by Paulne Finn — August 24, 2012 @ 12:20 pm

  119. Hello Pauline.

    ATOS and their partners in crime are untouchable, they can do as they please when they please, if you refuse to obey their unreasonable commands they just stop your benefits.

    Comment by dwpexamination — August 24, 2012 @ 4:01 pm

  120. Hello Grayem.

    If you want to help by relating your dreadful experience then you can do so here at the forum http://www.dwpexamination.org

    Comment by dwpexamination — August 24, 2012 @ 4:12 pm

  121. Hello, I am a newer failed ATOS/DWP sufferer. I have had a bad knee for most of my life with fluid on the knee, I was often at school with crutches. At 13 I broke my leg due to my knee giving way which was repeated in 2010. I had an operation on my knee in 2007 to take some of my fluid away and to fix my twisted knee cap, which by the way never got better. I had numerous bouts of physio/hydro and acupuncture which never resolved anything. This year I found out my knee cap had re twisted after my break in 2010 and I have nerve damage which apparently 1 in 5 people get. I am unable to walk unaided and need assisstance at all times, I cannot climb stairs, get up and down kerbs or steps. I went to ATOS appointment on the 25th July and she did not look at my bad knee (right), she walked round my chair and asked me about me nothing to do with my condition, instead she was more interested in my eyes and arms. I found out on 13th August that I’d failed by being woken out of bed at 8.45am by the DWP. Now the DWP are messing me about has I got a doc’s note on 21st Aug and went to CAB on the 24th Aug and sent my appeal that same day. Last friday 31st Aug I phoned to check what was going on has my money stops on the 6th Sept. I was told my claim has not been received, they said rthey’d phone me. I rang them again today and the claim has still not reached them, I recorded delivered it and traced the post on Royal Mail website and it was signed and received on the 25th Aug. The DWP costs a fortune to ring and each time I phone them I get spoken to rudely, I asked on Fri 31st Aug why my claim was failed. I was told I got to the assessment, and she asked if I went with someone, I said yes my aunt and she said well then she can take you to work. I don’t know where I stand at the moment, I have another CAB appointment today and it seems to be dragging on. I’m a student too, which I do online with the OU but they said well if you study then you can work!

    Comment by Angela — September 4, 2012 @ 10:41 am

  122. Hello Angela.

    What can I say ? you really DO want to learn about these people the hard way don’t you ? what have you been doing the last three years ? do you not realise people are getting taken away to Tiergartenstrasse and never seen again, don’t listen to anything these people (ATOS/DWP) say, if you want to know how to deal with them then go here http://www.dwpexamination.org and talk to the experts.

    But for once they’re (ATOS/DWP) telling you the truth though (makes a change) if you turn up at an ATOS assessment, just turning up, even getting carried there then YOU HAVE FAILED THE ASSESSMENT This is common knowledge now, this is well known, where have you been ?.
    Get educated, this is your life on the line, don’t you care enough about your life to do a bit of real study and gain an insight into what they are going to do to you..?. And that goes for anyone else it concerns, who is reading this and hasn’t got the message yet.

    I can’t stress this strongly enough, this is what all the DRs and Nurses have been caught singing at the ATOS centres… If you can make it there then you can make it anywhere, it’s up to you NEW YORK NEW YORK.

    SO DON’T GO, EVEN IF THEY STOP YOUR MONEY, DON’T GO, WITH THE RIGHT BACKING FROM YOUR GP THEY WILL GIVE IN FIRST.

    Comment by dwpexamination — September 4, 2012 @ 11:17 am

  123. Thanks for your reply, I have had my appeal accepted and now have to wait for the hearing. I totally agree with you and it is a complete and utter shambles.

    Comment by Angela — September 6, 2012 @ 1:07 pm

  124. Angela…You will do well to learn your rights while you wait for the appeal to be heard, knowledge is power… http://www.dwpexamination.org

    Comment by dwpexamination — September 6, 2012 @ 4:53 pm

  125. Thanks.

    Comment by Angela — September 6, 2012 @ 7:36 pm

  126. I’m currently appealing a decision by atos after they stoppped my esa, I have been handing in sick notes for 2 months waiting on appeal(its my second, I won the first); I have just moved house and registered at a new drs. I explained my situation to the new dr who continued to sign my`fit note`. When I left the surgery he had ticked the maybe fit to work box, I was perplexed and concerned.

    After doing some research it would seem that it may still be ok as he never ticked any of the other 4 boxes elaborating on how I am to return to work, and it seems I wouldn`t benefit from any support from my employee because I`ve not had one in two years. I did go back to my drs and enquire to why he did what he did, his answer was “your files are not here yet its the best I can do”. I am not a quitter but after two appeals and god knows how many sick notes I do wonder if its all worth it sometimes.

    Would you happen to have any info on the semantics of a `fit note`, I think its a little ambiguous but feel I may still qualify to continue on the lower rate until my appeal.

    Comment by paul smith — September 14, 2012 @ 10:20 pm

  127. Hello Paul.

    In my opinion there’s absolutely no reason why he should do that, and you should look to Ideological reasons rather than anything else.
    If your health problem is physical he could have gave you an assessment himself after you explained the problem, after all it’s a new practice. If mental health then he could have questioned you first.
    Your right though it shouldn’t affect your right to the assessment rate, let’s just hope you don’t get called in by some overzealous DWP work focused advisor to see what you are doing to find some part time work while you wait for the appeal to be heard.

    Comment by dwpexamination — September 15, 2012 @ 4:18 am

  128. Thank -you very much your feedback is very helpful, I don`t mind telling you I am signed off for `addiction problems`, maybe it`s my paranoia but some drs do not view this as an illness; even though,it is recognised by the world health authority as one.

    I shall have to wait and see the outcome, I am due to start uni next week and I have looked into claiming esa whilst there, another minefield. Keep up the good work its a really helpful and informative board and while the government keep moving the goal posts it is needed more than ever.

    Comment by paul smith — September 15, 2012 @ 11:35 am

  129. Cheers Paul, we’ll keep going until ATOS give up…LOL.

    Comment by dwpexamination — September 16, 2012 @ 11:25 am

  130. ASCOT.
    I am awaiting my turn at the appeal, and in a letter I was informed that my appeal would be heard in about 36 weeks as they are snowed under with appeals.

    Comment by Anonymous — September 17, 2012 @ 6:49 pm

  131. Anonymous…What do they expect ?.

    Comment by dwpexamination — September 18, 2012 @ 1:23 am

  132. ASCOT.
    It is coming up 12 months since I failed my ATOS Inspection and perhaps another 36 weeks to go before we get it to appeal.

    Comment by Anonymous — September 19, 2012 @ 9:19 pm

  133. Ascot…That’s a long wait, but the longer you wait, then the more money they owe you in back payments, and don’t forget when you are finally acknowledged by the DWP that you are not work fit (Due to winning your appeal) then you will only be attending another assessment within a month anyway, so actually paradoxically enough the longer you wait the better.

    Comment by dwpexamination — September 20, 2012 @ 5:10 am

  134. ASCOT. I do not have a rush in me at all. The longer the wait the better it is.

    Comment by Anonymous — September 20, 2012 @ 10:59 am

  135. I did a test of honesty and integrity on our suspected criminal government here in the UK……
    they failed BIG TIME! This rich lot, have no idea what it is like to live on little…nor do they care.
    The psychopath Cameron a sly fox if ever I saw one, is seething with rage about the sick and the helpless.
    Hitler felt the same about the sick….we are living under a Nazi government…they will go the same way as Hitler…..

    Comment by girlznguitarz — September 20, 2012 @ 7:22 pm

  136. Cameron will get his, it’s just a matter of time, it’s called KARMA.

    Comment by dwpexamination — September 20, 2012 @ 10:35 pm

  137. Hello, I wrote a letter of appeal handwritten as I was advised by a DWP person that I could do that since I had not received the forms. I find it difficult to get out to the jobcentre which is a long walk away.

    What I did was make it clear I was appealing and that this was to be considered my “action” – as I was told that this would ensure I would be kept on the assessment rate while I was awaiting the appeal. – Now I see that perhaps the DWP person’s words may be less than the truth.

    Does anyone know if this letter will be considered an action at all or will they just “lose” it or disregard it?

    I am extremely worried as this has happened right when my rent is due, and if I don’t pay my private landlord will just evict me, so I’m hoping it’s not going to affect the housing benefit or I can sort it out and get back on the assessment phase before the Council stop my housing benefit.

    Thank you for any input.

    Comment by Anon — September 23, 2012 @ 7:02 pm

  138. Hello Anon.

    I can only relate my own experience, which is when I last appealed five months ago, I first sent the DWP a letter indicating that I wished to appeal against their decision to find me fit for work and could they please send me a GL24 appeal form and my ESA85 assessment report, please find attached a sickline in order to be comply with the law and be paid the assessment rate.

    I received a letter in return saying that they have acknowledged my appeal and the assessment rate will be paid on such and such a date.
    You see, nothing about a GL24 form, and nothing about my ESA85 assessment report, just my appeal has been accepted.

    I never did receive a GL24 appeal form and it was almost two months before I received the ESA85 assessment report, you can see they were trying to stop me from launching a proper appeal, and thus lessen my chances at the future appeal hearing.

    Comment by dwpexamination — September 23, 2012 @ 7:33 pm

  139. i have just recieved a letter from dwp saying my benifit will stop on the 10th oct 2012 i was called in2 atos on the 6th sept 2o12 she as twisted everything i told her , i suffer anxiaty deppresion an panic attacks i cannot answer my front door if i dont no who it is yet she,s put in the report i can she,s also said i can go places on my own but my son attended intervew with me this again is not true i cant go anywhere alone thats why my son was at interview with me , in may of this yr i attempted suicide i put on my form which hospital i was in she never mentioned it just asked how i feel when i have panic attack she asked if they where getting better i told her no i was having them more regular but again nothing mentioned, i just dont no what 2 do feeling very low in myself again

    Comment by Angie Weston — September 24, 2012 @ 9:18 pm

  140. Hi Angie.

    Your benefit will stop on the 10th of OCT ? What benefits are you on at the moment ? are you on income related ESA ? or Contributory ESA ?.
    It can make a difference which one you are receiving at the moment, and which benefit it is will determine what you can do next.
    Also have you appealed yet ? and how many points did you get ? and so on.

    Comment by dwpexamination — September 24, 2012 @ 11:52 pm

  141. i dont no wat its called now was incapacity no i have,nt appealed yet only had the letter saturday sayin my benifit will stop on the 10th oct cus i got 0 points

    Comment by Angie Weston — September 25, 2012 @ 12:17 am

  142. i have wrote down things she asked an my replies my son was in the room with me through out the interview , he picked up some form from the job centre 4 me 2day about appealing but he wont b down till 2morrow so i dont no what its called he said he will take me 2 c.a.b an get them 2 fill it in 4 me if they can

    Comment by Angie Weston — September 25, 2012 @ 12:30 am

  143. This is terrible treatment and just what we can expect from our corrupt and lowlife government. One thing to help with your depression is Olive oil….you take it on a spoon each day…it is known to be of great help. look it up on the internet search engines. I take it and I am so much happier.
    However, do not let these criminals get away with this. I would appeal to the European Courts… You will have to do some research. get your local MP on your case etc., all the best.

    Comment by girlznguitarz — September 25, 2012 @ 1:02 am

  144. thank you

    Comment by Angie Weston — September 25, 2012 @ 1:11 am

  145. I`m not surprised you got 0 points I think that they give most people that, in there minds it fun to upset as many people as possible, plus they get £200 bonus for each one, if that person accept there verdict.
    Get to CAB as soon as possible with your appeal form, they are so used to this now, guy I deal with says he wishes ATOS loss the contract.

    Comment by ray — September 25, 2012 @ 1:17 am

  146. Your son picked up the stuff, ok so what you need is a GL24 appeal form and you should ask the DWP for the assessment report, that’s the report on your functional ability that ATOS send to the DWP.
    The CAB will help you to appeal and also get the assessment rate while you wait for the appeal to be heard.

    Comment by dwpexamination — September 25, 2012 @ 6:49 am

  147. Cheers Ray.

    Comment by dwpexamination — September 25, 2012 @ 6:50 am

  148. Agree get the form and the assessment, CAB are very helpful, and if they are slow at getting you your payment they will phone them for you, to find out why and when your payment will be restored.

    Comment by ray — September 25, 2012 @ 1:25 pm

  149. Hi im a newly failed atos/dwp claimant of esa i recieved a letter saying my benefit was being stopped as of the 1/9/ 2012 due to getting 0 points in my assessment.
    i went to see c.a.b but unfortunately cant get an appointment until 28/9/2012 which is going to leave me just 1 day left of the month they allow you to lodge an appeal ,explained this to the esa dept & asked for an extension( as i didnt actually recieve the letter until 14/9/2012 although it was dated 1/9/2012 ) i was told that they where not able to give me more time.
    i suffer from depression & anxiety i have 7 year old twins who i am bringing up on my own how can they expect us to survive on child tax credits & child benefit if they dont send the esa 65 to me in time for me to sort an appeal out and i really dont know what im doing any information would be very much appreciated

    Comment by caroline — September 25, 2012 @ 4:48 pm

  150. Hello Caroline.

    First of all you don’t need to wait for the DWP to send you a GL24 appeal form, you can walk in to any Job centre plus and explain you are appealing a fit for work decision and can they give you a GL24 appeal form, I know you can do this because I’ve done it, so don’t wait for the DWP to send you one, you might not get it and they will not accept responsibility.
    Alternatively you can log in to our sister site http://www.dwpexamination.org and go to the useful links page and download one, if you can’t find it then just ask and someone will find it on there for you.

    Meanwhile send the DWP a letter and say on there that you wish to appeal against their decision to find you fit for work, and in order for you to compose a proper appeal could they send on your ESA85 assessment report, while you wait for the appeal to be heard please pay me the assessment rate.
    This will ensure you receive some money and get your usual rent and council tax rebate while you wait.

    Now, it will take a while for them to send the ESA85 because they hold it back deliberately in order to prevent you from seeing what the assessor has said about you, don’t worry, you can in the meantime indicate on your GL24 that you are appealing and wish the assessment rate, and the rest of the appeal will be forwarded to them when you receive the ESA85 assessment report.

    That will get you started and comply with the deadline.

    By the way, in order to be paid the assessment rate you need to supply the DWP with a sickline, so see your GP and get the sickline and attache it to the GL24 appeal form.

    Comment by dwpexamination — September 25, 2012 @ 5:47 pm

  151. ASCOT
    See your local GP and ask if the doctor will give you a sick note. Try to get one for a month, that will help you worrying for a month.
    Good luck

    Comment by Anonymous — September 25, 2012 @ 7:37 pm

  152. Thanks for the advice
    i have now started the letter to dwp, i have got a letter from my gp backing my appeal ,i am also going to fill in a GL 24 at the C.A.B who are also going to help me put my case forward.
    I will ask my g.p to give me a sick-note( but will i need it backdating from the 1/9/2012 ? which is the day the dwp took me off esa )
    Thanks again the advice has been very useful.

    Comment by caroline — September 25, 2012 @ 10:31 pm

  153. Hi Caroline.

    If you are appealing then you will need to make sure the sickline is dated from the date the DWP decision maker informed you that you were fit for work, and not the date of the assessment at the ATOS centre.
    You can see it’s illogical, because the difference in time can be a couple of months, since a person can have an improvement or worsening of their health condition in that time this suggests that the decision maker has magical powers that other people do not have, you can see it’s all a farce, but there you are, that’s the law, what a joke eh ?.

    Comment by dwpexamination — September 26, 2012 @ 4:45 am

  154. well just got a phone call from atos to say my incapacity is stopping on october 16 i was medically retired from post office 10 years ago ,i have rhumatoid arthritis which has led to depression from which i have suffered anxiety for 8 years,i was worried about this as i heard a lot off horror storys and mentioned this to my gp,she said dont worry you are not fit to work i will send letter to them which she did informing them of my circumstances i gave them all my medication information have just had a hip replacement last year and just tuesday had knee drained and steroid injection,i have just been told i got 0 points words fail me,told them on phone i was appealing straight away but after reading posts on here i should take it into my own hands and collect appeal form myself? any advice would be greatly appreciated tx

    Comment by staggers — September 27, 2012 @ 10:11 am

  155. sorry for the above post made a few mistakes 1 phone call was from dwp 2 said i was appealing and could she send out appeal form and report which she said should would do now do i take her word for it ?

    Comment by staggers — September 27, 2012 @ 11:29 am

  156. Staggers.

    Don’t hang around, walk in to the nearest Job centre plus and ask for a GL24 appeal form, at the same time send the DWP a letter indicating you wish to appeal against their decision to find you fit for work and therefore would like a copy of the ATOS HCPs ESA 85 assessment report.
    You can even download a GL24 form from our sister site http://www.dwpexamination.org

    Don’t forget to tell them on the letter that you wish to be paid the assessment rate, and also supply them with a sickline from your GP.

    Comment by dwpexamination — September 27, 2012 @ 12:54 pm

  157. Tx for the quick reply got a call back from them to confirm they are sending both GL24 appeal form ESA85 assessment report
    which they did but will go to job centre and pick one up tomorrow just in case also grilled dwp about decisions and asked them for their scores as follows Physical disabilities atos 0 dwp 0 myself 42 Mental, cognitive atos 0 dwp 0 myself 36 went through all the form with them asking if they had all my medication and drs letters there (which she had)and you still justify 0 score? to be met by a jobsworth robot,
    so i fill out appeal form that i get from job centre with a drs line and would like to recieve assesment payments and say rest of my appeal will follow when i recieve esa85 assessment report is that correct? really appreciate your help as ive been really down since recieving news today thanks

    Comment by staggers — September 27, 2012 @ 2:10 pm

  158. sorry 1 last question how long can your dr sign you off for while this appeal is hapening ? monthly? weekly? fortnightly? tx again

    Comment by staggers — September 27, 2012 @ 2:13 pm

  159. Staggers.

    Yes that’s all correct, you’ve got it all in one, your last question regarding sicklines, the GPs usually hand out a three month line, when it’s expired then just go and get another one, and again until the appeal is heard, if you win the appeal then you have been found unfit for work and there will be no need to hand the DWP a sickline.

    Comment by dwpexamination — September 27, 2012 @ 3:22 pm

  160. tx very much for all you help and information dont know what i would have done otherwise ,appreciated

    Comment by staggers — September 27, 2012 @ 5:22 pm

  161. Cheers staggers, hang on in there, it’s a waiting game.

    Comment by dwpexamination — September 27, 2012 @ 6:17 pm

  162. Hi not very surprised with your ATOS score think it is the only score they give, get your appeal in and get CAB to help you as well.
    I know it`s a sick joke but really I don`t think many will be shocked by your treatment from ATOS, sometimes I wonder if they are from this world.
    Thick it`s time ATOS were taught some common sense, but suspect they are really robots.

    Comment by ray — September 27, 2012 @ 6:57 pm

  163. i went to my C.A.B appointment yesterday 28.09.2012 they were very good, said they where going to fax my appeal through as D.W.P left me very little time from date on the letter but they had a problem with their fax machine so said to go to the jobcentre.
    my son went & asked the jobcentre to fax it through for me but unfortunately they where also having problems with their fax machine too (it could only happen to me!)

    would they be allowed to disregard my appeal as if it doesnt get faxed through now til monday its gone beyond my time limit ? they said it might have gone through!!!! how long do they usually take to send a letter of acknowledgment or would i be best ringing the E.S.A department on monday to see if they have received it ?
    any advice would be much appreciated thanks

    Comment by caroline — September 29, 2012 @ 1:09 pm

  164. Caroline.

    They should allow your appeal, but if they want to play games they might resist and deny you, if that happens then see the CAB as quickly as possible and get a properly worded letter of appeal against their refusal to allow the appeal because of the deadline.

    Comment by dwpexamination — September 29, 2012 @ 4:33 pm

  165. thanks for the advice dwpexamination

    Comment by caroline — September 29, 2012 @ 5:35 pm

  166. First of all thanks to all responsible for this forum,i’ve found reading on here to be quite useful.

    I received a phone call off a lady at DWP on Wednesday informing me that I ‘do’ qualfy for ESA but im in the WRAG and that I’d receive a letter soon confirming that.On Friday that letter arrived and i called DWP straight away,iI explained that i was placed in the wrong group and asked ”why have i not had a medical” she told me the decision was made ”clerically” (lol) on the strength of what i’d written on claim form (my medical evidence was returned to me on Thursday) the person dealing with this couldn’t have given my notes more than a cursory glance,if she had, she would have seen that I’m ‘not’ able to work and need support..i told her that i wished to appeal,and she was quick to tell me she will send the medical report (What medical) and the relevant appeal form….I suffer from severe ischaemic heart disease (x2 past M.I’s and current Angina) and chronic Vascular disease (I’m known as an ‘Arteriopath’ as this affects my whole body) had many surgeries to maintain circulation in my legs,i also suffer nerve damage secondary to ischaemia and suffer chronic muscle weakness and fatigue(made worse by high dose Statins)and chronic irretractable pain all over, on top of that I’ve had my lower leg Amputated in July,
    the weakness affects me so much that i need help getting up,washing,Dressing,I’m unable to self propel my wheelchair. I get High rate DLA for care and mobility….Damn it,how can my three consultants (Cardio,vascular,pain management),local housing dept (supplied me with bungalow and adaptions,and further remodelling to be carried out assessed by specialist Team) GP,Physiotherapists,OT’s (there are several),wheelchair services(just ordered me an electric chair-another assesment carried out) and social services..Consider me ”Severely disabled” and some ‘Twonk’ at the drop of a hat can say otherwise,not even having the good grace to investigate…rant over :)

    Jimmy 51

    Comment by Jimmy — September 30, 2012 @ 4:16 pm

  167. Hello Jimmy.

    They will send you the so called medical report ? there having a laugh mate.
    Anyway, is it not supposed to be a functional assessment ? they obviously don’t know themselves, first it’s a medical then it’s a functional assessment then it’s back to a medical, they should make up there minds…streeeewth.
    Well, your going to appeal, probably best Jimmy, with your health conditions the appeal panel cannot find you fit for work, so you have nothing to lose, and the chances of winning are very high.
    You’ve probably worked out by yourself that the reason they have granted you the ESA WRAG variety is a (Used to be) forlorn hope you will be grateful and just accept it, amazingly some people do, that’s people who really deserve to be in the support group but are just caving in rather than face the stress of it all.
    Sickening isn’t it ? browbeating tired disabled people in to taking less through bullying and threats.

    Comment by dwpexamination — September 30, 2012 @ 5:19 pm

  168. hi dwpexamination allways checking your site as i am going through all this at the moment , just come across this petition on twitter calling for a stop to unfair benefit-cuts and thought might be a good idea to give you it to get more people to sign,1 important thing to remember is once you have filled it in you have to confirm it by clicking a link in your email takes 30 seconds sorry if i have posted on wrong page but maybe you could make a page specificly for this http://epetitions.direct.gov.uk/petitions/20968 tx and keep up the great work

    Comment by Anonymous — October 1, 2012 @ 11:04 am

  169. Your welcome Anonymous, we encourage all anti-ATOS/DWP Petitions.

    Comment by dwpexamination — October 1, 2012 @ 2:05 pm

  170. hi im still in the proccess of getting my appeal sent off
    although my deadline has been passed i am going to fight tooth & nail because i wont be denied due to the fact it was not my fault that the local jobcentre where unable to fax my appeal through on time due to their fax/telephone lines not working
    will let you know how it goes (fingers crossed)

    Comment by caroline — October 2, 2012 @ 9:06 am

  171. Try and get some help from the CAB Caroline. Please let us know what happens.

    Comment by dwpexamination — October 2, 2012 @ 9:10 am

  172. hi posted on thursday and just keeping you upto date and hopefully you can keep my on the correct path,i have my GL24 also dwp sent me one too i have an appointment tomorrow with cab but 1 thing that is puzzling me,dwp also sent me out not ESA 65 report not a ESA 85 report it is quite minimal but still has a lot of rubbish on it that i clearly did not say,do i request ESA 85 or are these simaler i am in scotland dont know if we have different number for them as i am at cab tomorrow advice would be appreciated tx staggers

    Comment by staggers — October 2, 2012 @ 9:14 am

  173. sorry dwp sent me ESA65 and not ESA85 should i request ESA85 or are they same thing?

    Comment by staggers — October 2, 2012 @ 9:19 am

  174. Hello staggers…Yes you must request the ESA85, the ESA65 is just a condensed version of the the ESA85.

    Comment by dwpexamination — October 2, 2012 @ 9:33 am

  175. yes thought so as i said very limited info on 65 will cab tell me to request 85 or will i inform them, thanks for quick reply really is appreciated just want to get sorted for tomorrow 11.30 appointment tx again

    Comment by staggers — October 2, 2012 @ 9:40 am

  176. Staggers…Just send them a letter and ask for the ESA85 assessment report, they don’t rush to send them to us, it’s a deliberate ploy to stop us from composing a proper appeal.
    You can send the rest of your appeal in on A4 paper when the report arrives and you have had some time to study it in detail.

    Comment by dwpexamination — October 2, 2012 @ 10:05 am

  177. ok tx was just worried cab go ahead with appeal with 65 form and not advise me to get ESA85 but i presume they will know all this and advise me to get the 85 before appeal is in full if not i will tell them,sorry if i am repeating questions its quite stressful and just trying to get everything correct thanks for your patience and understanding and help once again

    Comment by staggers — October 2, 2012 @ 10:39 am

  178. Hello staggers.

    I don’t know what the CAB will do, you’ll need to ask them, all I can say is you have a monthly deadline to meet, the DWP will not send you the ESA85 inside that deadline, they do it deliberately in order to prevent you from composing a proper appeal.
    But you can still use the GL24 appeal form to let them know that you don’t agree with their decision to find you fit for work, and since you are not in possession of the ESA85 assessment report to date then when you finally receive it the rest of the appeal will be forwarded to them on A4 paper.
    Don’t forget to attache a sickline and also mention that you wish to be paid the assessment rate while you wait for the appeal to be heard.
    If you do not do this then they will pay you nothing, if you ask them what you can do for money they will not mention the assessment rate but tell you that you just have to go and sign on.

    Comment by dwpexamination — October 2, 2012 @ 12:54 pm

  179. thank you again got it all covered now you have been a great help

    Comment by staggers — October 3, 2012 @ 8:46 am

  180. HELP!!Yes i have been the victim of the DWP/ATOS strategy and failed my WCA even though my condition has deteriorated in last 12 months and was under investigation for other conditions during process of completing ESA50 etc…DWP stopped ESA on 26/09/12 and sent me letter explaining this.I telephoned them to request ESA85 but they only sent ESA65,no surprises there.I am also waiting for GL24 appeals form.Now,do i send in my Fit-Note as soon as possible or do i need to wait to submit my full appeal.Looks like i’ve lost benefit between 26/09 and date of fit note 2/10/12 as Doc would not backdate for legal reasons.What worries me is the ESA stopped on 26th and the ESA65 is dated 29th??No prior notification of cessation of ESA.They just leave you in a mess!

    Comment by Julian — October 3, 2012 @ 1:58 pm

  181. I forgot to mention,any advice will be most welcome.Thanks..

    Comment by Julian — October 3, 2012 @ 1:59 pm

  182. Hello julian.

    As soon as you receive the GL24 appeal form then indicate to the DWP on there that you wish to appeal against their decision to find you fit for work, and you would like to be paid the assessment rate while you wait for the appeal to be heard, since the ESA85 hasn’t arrived then the rest of the appeal will follow later on A4 paper when you receive it, you understand that in order to comply with the law you have to supply their office with a sickline, please find one sickline attached etc.
    Just basic stuff, send the GL24 form to them within the monthly deadline, and hang on for the ESA85 and complete the rest.

    Comment by dwpexamination — October 3, 2012 @ 2:26 pm

  183. i have finally managed to get my GL24 e.t.c sent off had to send it by post in the end as C.A.B & jobcentre still encounterig fax problems.
    C.A.B said if i have any problems just to get back in touch with them
    So sent it special delivery to ensure it gets to them a.s.a.p & they cant say they never recieved it either.
    will let you know the outcome and i would like to say thanks dwpexamination & others for all the advice i have been given so far
    without your advice & support i would not have been able to see it through

    Comment by caroline — October 3, 2012 @ 3:04 pm

  184. hi dp examination had meeting today and cab says lots of contradictions on esa65 report has requested esa85 and sent in 6 month sickline signed from dr and asked for assessment rate says could take maybe 2 3 months so once again would just like to says thanks for your excellent guidance and help,if there is anything to do to contribute to this site and help others just ask thanks again

    Comment by staggers — October 3, 2012 @ 7:23 pm

  185. Cheers staggers.

    The main thing is to just hang in there, it’s a waiting game, but once you start getting the assessment rate everything starts to calm down for a while, the worst that will happen while waiting for the appeal is a mandatory work focused interview , and there’s very few of them at the moment.
    You can help on our sister site by the way, just sign in as staggers http://www.dwpexamination.org

    Comment by dwpexamination — October 3, 2012 @ 8:11 pm

  186. Hi just an update ive still not heard anything yet regarding my appeal but they told me its not been processed YET!!.
    We all know what they mean by that!!!.
    If i dont hear by monday morning i will be back on the phone.
    I will keep ringing til they get fed up as thats my perogative & if they want a fight im ready so let them bring it on i say!!
    there are people out there worse off healthwise than me & atos(sers) are making their lives unbearable if we stand united against them eventually they will crumble & fall(as they so deserve) and we will be there to witness THEIR demise & not OURS keep up the good work dwpexamination your doing us all proud because without you guiding us many (including myself) would just give up

    Comment by caroline — October 12, 2012 @ 11:13 pm

  187. Cheers Caroline. And good luck with that appeal.

    Comment by dwpexamination — October 13, 2012 @ 12:49 am

  188. Hi just a quick update….
    My appeal has been accepted & ive now had my esa re-instated at the assessment rate until my appeal is heard.
    So thanks again dwpexamination for guiding me through it all.

    Comment by caroline — October 16, 2012 @ 7:13 pm

  189. Help a friend has just lost his apeal at court, he went today to submit a fitnote at the jcp who told him they were not going to take the fit note dispite the fact the fit note is for a different ailment he doesnt know where or what he should now do with the fit note. Who can he send it to if the jcp will note take ut?

    Comment by barry — October 16, 2012 @ 8:02 pm

  190. Hi barry.

    Has six months passed since he was found fit for work by the DWP decision maker ? if so then he can re-apply for ESA, once he has the form he should apply, and the DWP will demand a sicknote, everything must be done in order.

    Comment by dwpexamination — October 16, 2012 @ 9:17 pm

  191. Hello Caroline.

    Make sure you get some written support from your GP to take to the tribunal.

    Comment by dwpexamination — October 16, 2012 @ 9:19 pm

  192. hi mate just seen your comments to caroline can you elaborate on what sort of things your gp should be writing on the support form ,i just got confirmation from dwp that my appeal is in process and will be seeing my gp next week and cab have asked me to get written support also tx

    Comment by staggers — October 17, 2012 @ 10:42 am

  193. Hi staggers.

    What the panel will be looking for is what your illness is, and how it will affect your ability to work.
    For instance, Dizzy spells or a mental illness that could make you a danger in the work place, or an illness that can affect others in the work place, or you can’t sit or stand at a work station for any amount of time, like ten minutes max, or cannot walk any decent length of time etc.
    It has to match the ESA 50 descriptors of your particular illness.

    Comment by dwpexamination — October 17, 2012 @ 2:21 pm

  194. tx dwpexamination appreciated

    Comment by staggers — October 17, 2012 @ 2:45 pm

  195. Hi, I had my assessment in September,my first assessment was cancelled due to shortage of staff but they only told me when I’d sat for 15 minutes that they’d have to make another appointment. I read about requesting a recorder so just before my new date I phoned and requested it,my phone records calls so I have him saying yes and that he would arrange a new date for the recording. I got my new date and my daughter came with me, asked the medical assessor if it was going to be recorded and she said she didn’t know anything about it, not sure if that was true or not….I told her I’d requested it and she said if I still wanted it another date would have to be arranged. To be honest being stressed in the run up to the first app that was cancelled, stressed to the run up to second before I cancelled because of my request and finally the stress to the run up of that one I made the mistake of thinking “can’t go through the stress of waiting again,the last last nurse was really fair and honest and I got my ESA through her. Wrong decision!This nurse was one of the disgrace to profession ones, rushed me through most of the questions, did medical check and all in all lasted 47 minutes. She was abrupt and intimidating,as we all know not all the questions are a striaght yes or no, there are grey areas that isnt black n white but in just about all her questions she would not let me add to it which was important information so I was getting exasperated, I suffer depression due to having chronic pain along with other reasons for it,with my meds whe I’m trying to say something its slower coming out as before my depression as I kind of get tongue tied and at that point she said abruptly about needing to move on she had others to see but I was still trying to finish what I started because she asked a question and then didn’t want to hear all the answer and I was trying to finish what I was saying.thats when she rudely told me to “ssshhh!It got to the point I know she was geared up to fail me, I felt I was one of the 7 out of 8 that would be failed that day like the whistleblower said not long ago when he secretly filmed the so called medical professionals get trained. She even intimidated my daughter that when she asked if she had anything to add.she said no and I could have done with my daughter speaking up for me especially with regards to my terrible memory and the daft things I kept forgetting and doing and risky, like the time I pressed a creased part on my jumper,(usually my daughter does the main housework due to my chronic pain from degenerative disease of the C Spine,loss of normal lordosis, osteoarthritis of the cervical spine with spondylosis) anyways I left the backroom with my jumper,closed the door forgetting I hadnt switched of the iron. It was 3 days later and a smell of heat that I realised I had left iron on. Anyways, I left feeling despondent and knew unlike the fair one last time this one was going to fail me. Next day I phoned up DWP and requested the ESA85 and I received it a few weeks before my letter, I didn’t need to know what was in it. Reading how the nurse had twisted some of the things I said, made me sound I had no depression yet said my lack of facial expression may be depression, I told her I did very light housework like washing a few small dishes, that the hot water soothed my wrists which is referred pain from the degenerative damage in my cervical spine. Physio explained once that with cold and hot I’m giving my brain another sensation which takes brain’s mind of exacting nerve pain. On her assessment form she had just wrote “washes dishes” right away the decision maker would think.thats a big task especially with pots and pans which I would never or could never do. Anyways there was more through it but in lots of the answers was “normal” Funny thing is where at the back where it describes things about me as far as my build she had written average build…considering I am 5ft and have put on 5stone since my chronic condition and depression in the last few years I’d say more bordering on obese or actually obese. She couldnt even tell the truth there though I wish it was true.lol. I guess I am lucky having it already. Thing is when I got my letter saying I only got 6 points, that was for my degenerative condition and the inability to lift arms above head, I was alone at home and no one to talk to, tried to get talk time with my GP who knows my depression well as though this is longest I’ve suffered it I have suffered years for years. I was panicking as they had left message on phone when I was out the week before and I dont use the housephone often so I didnt know I had a message till the Friday. By time I got letter on the Wednesday they’d stopped my ESA on the Monday. Worrying about finances and not being able to talk to my doctor, I wrote her a letter and posted it right away hoping she would contact me the next day(yesterday) I didn’t know if she would agree I wasnt fit and should appeal and by afternoon I thoguht she wasnt going to get in touch so I didnt think I had any other choice but phone about JSA, at the question “Are you fit to look for work I said, well not really but I don’t know what else to do” I have been seeing a pain psychologist too so was worried I wouldnt get to continue with my counselling if they sent me on a slave course for x amount of weeks. I was really confused to be honest but with no word from GP I had to answer yes or no so I said “I guess”. I was given an appointment to sign the form and I thought once I go in to do that, thats me going to be pushed into things I know I wasn’t able to do but with no one guiding me and panicking about money I thought it was the only thing. Then my GP phoned me after the late night surgery last night having received my letter. She said I should appeal, that I wasnt fit until I seen how my pain counselling and my higher dose of anti depressants were going to help my depression. She has a medical statement for me to pick up, I’m glad I havent signed the JSA form yet so today I’ll go into the job centre for appeal form. I’ve almost written an essay, sorry about that. I actually came on to ask a question too.lol. do I phone DWP to say I am appealing and that I will be sending in a sick note? I have no money coming in now and I worry about getting chased up for housing and council tax and just need to know that from the day after my ESA was stopped I’d be getting lower rate ESA till I was able to get an app with CAB to help with appeal form. My GP said that one of her patients said its about 9 months til his appeal will be read? Anyway, do I photocopy sick note and then send it with a note, I would like the copy of the ESA113,there was a mention of it and at a part where I got no points. I want to see which GP it was as I know this GP would have filled all the information backing up my health issues. If its one of the others who I dont see they may have missed things out or will I phone DWP to let them know I am appealing but will be sending sick note. With this being Friday it means they won’t know anything till Monday when they receive it and I might not get my money for a while. So sorry its so long.ATOS thinks to be depressive you have to be catatonic but I talk rapid and excessive as assessor wrote and as you can see I write like that too.

    Comment by LisieR — October 19, 2012 @ 8:17 am

  196. Hello LisieR.

    You must appeal, it should be a spontaneous decision to appeal, there’s absolutely nothing to think about.

    So how to go about it, first you need to compose a letter, nothing fancy, just get to the point.
    Let the DWP know that you do not agree with the decision maker that you are fit for work, and therefore you wish to appeal, and in order for you to appeal could they forward you a GL24 appeal form.

    Alternatively you can get a GL24 appeal form at any branch of Job centre plus, explain you are appealing a fit for work decision and could you have a GL24 appeal form. They usually comply and hand one over without argument.

    Since you already have the ESA85 assessment report then you are ready to get started, explain why you disagree with the DWP decision makers decision and carry the appeal on to A4 paper (There isn’t enough room on the GL24 form) and don’t forget to mention at the bottom somewhere that you would like to be paid the assessment rate while you wait for the appeal to be heard.

    Also add in there somewhere that ” I understand that in order to comply with the law and receive the assessment rate I have to supply your office with a sickline from my GP, please find attached one sickline”

    You need to ask for the assessment rate, and you need to send them a sickline, fail to do this and they will pay you nothing, and not only that they won’t even bother to tell you the reason why.

    Before you do all that, write it on a separate piece of paper first, because you say you will get CAB help ? yes that’s good, so help the CAB by writing it out on a piece of paper first for the purpose of checking it all out first with the CAB then you can get busy with the GL24 form with the CABs help.

    When that’s done, you can get some written support from your GP if you don’t already have it, this will help and strengthen your case at the future tribunal.
    The rest is a waiting game, who knows by the time your appeal is heard ATOS may be found out by the public for the scum that they are and kicked out.

    Well we can live in hope can’t we ?.

    Comment by dwpexamination — October 19, 2012 @ 10:24 am

  197. Hi, thank you for that information. I was about to head out and had written a letter, a little bit longer than the one you advised me,when I read your message just now. was going to photocopy it along with the sick note telling them I was collecting an appeal form and would send it as soon as I could. I just wanted to get the cik note off first so I could try and get my money started again.is that okay if I do it taht way?

    Comment by LisieR — October 19, 2012 @ 11:19 am

  198. As far as I’m aware they don’t accept copies of sick notes, so just photo copy and keep that and give them the original along with a letter explaining that you intend to appeal when you receive the GL24, this will ensure you are paid as quickly as possible.

    Comment by dwpexamination — October 19, 2012 @ 1:23 pm

  199. Success,well relatively speaking.JCP have accepted my appeal and i am on assessment rate ESA.Still need to draw all the other strands of my full appeal together having sent letters out for medical reports from consultants;did get some last Thursday at out-patients appointment.HB/CTB was temporarily suspended by local authority but now re-instated.I agree with previous comments;it can be incredibly stressful when your income and passported benefits are suddenly stopped but it is worth hanging in as this settles down when ESA assessment rate commences.Keep fighting!!,,,(against the dark forces).Take care.

    Comment by Anonymous — October 20, 2012 @ 9:18 am

  200. May the force be with you Anonymous.

    Comment by dwpexamination — October 20, 2012 @ 11:16 am

  201. I am expecting a letter any day soon following a medical and fully expecting a FAIL and fit for work despite being very disabledafter an op for 10years but slowly improving.. Trouble is I am going abroad, not a holiday unfortunately, with my husband – depend on him entirely -to see his family (first time in 39 years) and will be away for 6 weeks (Oz). Long planned. What if it comes as soon as we go on Tuesdaygoing away. I will miss the deadline for appeals? Is there anything I can do (bearing in mind only tomorrow left).

    Comment by Benny — October 21, 2012 @ 8:02 pm

  202. Hello Benny.

    This is a tricky one, you expect a letter any day saying you’ve failed and you won’t be here to appeal ?.

    Well let’s look at this logically, since you have a month to fill in an appeal and get it to the DWP it looks as if you aint going to make it, because you have to get possession of a GL24 form and the ESA 85.
    So then, can you arrange to get possession of a GL24 form and envelope from the local DWP job centre and take it with you to OZ ? if so, then you can compose the appeal down under (Minus the ESA85 obviously) and put it in a DWP envelope, send it by post in another envelope to a relative you can trust who will take it out and put it in the local post box on your behalf.
    Just thinking outside the box here, and is just a suggestion. Because if you don’t come up with something original you are up the proverbial creek without a paddle.
    It looks as if the CAB or welfare rights will not be able to help you because you have left it to late, that’s sloppy very sloppy, you need to start thinking ahead from now on because the DWP are desperate to find any excuse to stop your/our money.

    Comment by dwpexamination — October 21, 2012 @ 10:10 pm

  203. What a great site for advice,I had my atos medical on the 1/10/12 today had a phone call 22/10/12 telling me i only got 6points when i need 15 the twat that i spoke to said i will get my last payment of esa on 26/10/12 twat said he is going to send me my gl24 form and medical should receive it by friday.
    Now i suffer with copd emphysema which means i cant breathe the simplest of tasks like answering thr door makes me breath like i have run a marathon all this in 12months from being healthy to where i am today what i have is chronic which means it gets worse not better there is no cure .
    I have never claimed benefits before this and your help would be a god send where do i start the appeal process many thanks for your help.

    Comment by wheezzy — October 22, 2012 @ 10:44 am

  204. Hello wheezzy.

    So you got six points ? that’s six points more that the majority of people, and is a good start at an appeal.

    On the GL24 form you will see a small box to write your appeal, it’s not difficult to see why it’s a small box, obviously the DWP want you to limit the information you give the appeal panel to see.

    So the way round it is to use that small box as an introduction and explanation why you are appealing, you do not agree with the decision makers opinion that you are fit for work and so on, also mention on there that you would like to be paid the assessment rate while you wait for the appeal to be heard, also explain that you understand that in order to comply with the law and receive the assessment rate you are obliged to supply their office with a sicknote, therefore please find one sicknote attached.

    Next order of business is to get yourself A4 paper and study the ESA85 assessment report and the descriptors that pertain to you and explain why you cannot walk a certain distance, cannot stand for a certain time, cannot climb stairs because when you do so it is extremely debilitating etc.

    This is what the appeal panels are looking for, they want to know why your illness prevents you from working and it must match the descriptors that you referred to in the ESA50 Questionnaire you filled in and sent to ATOS before you were assessed.

    Do this and you will win the appeal, and all money they owe you will be backdated, some people have had sums like £1,700 back from the DWP, that was their money those chiseling crooks tried to steal from them and they deserve to get it back.

    Good luck wheezy, and let us know how you get on.

    Comment by dwpexamination — October 22, 2012 @ 12:28 pm

  205. Unfortunately I was away before you replied and when I got my 3 month sicknote from my GP I took it to Job Centre,she gave me the GL24 and told me to fill it in. As you say its a small box but she had said I could write on separate page which I did. I think the anxiety I have felt since receiving my letter 3 days after they stopped my ESA and feeling of helplessness I had a wee rant in my answer why I was appealing. There was much of it to do with feeling I was set up to fail and not getting a fair assessment through nurse writing things to be read differently to what I said. In my reply I mentioned that decision maker report it was stated absence of ongoing specialist input regards my mental health that I had told the nurse that my pain psychologist said she didn’t normally write letters of support to give to patients but was happy to write one if the DWP/ATOS wrote to her. I gave nurse the app card that had contact details of the Specialist but the nurse never wrote anything in her ESA85, I’m shocked that having not long started my psychologist apps for my depression and pain that they would throw me on the pile of “fit for work”. I wish I’d held on to see your reply but I was in a panic to get things started to get my money re-instated. I hate getting into debt which I was minute they stopped my benefits including housing and council tax. Have I ruined chance of getting my appeal put forward to tribunal? I phoned CAB today to get an app for them to represent me but first app is in january. I did ask her if the DWP could still refuse my appeal but she said no, my sending in my GL24 appeal form would then go for tribunal but that was a while off and they would contact them to let them know my date? am a bit confused as reading some recent posts about JCP accepting someones appeal? can at this stage refuse my appeal to go to tribunal?

    Comment by LisaR — October 23, 2012 @ 12:16 am

  206. Hi Lisa.

    What will happen is they will send you a letter shortly saying they have received your appeal and sicknote and you will be paid the assessment rate, they may also ask before we consider your appeal have you any new evidence to send us before we make our final decision.

    You can send them the rest of of your appeal on A4 paper, and any new evidence you may have.

    Then a letter will arrive from them saying we have reconsidered our decision and we cannot change it, it still stands and you are fit for work, you may even get a P45 and told to sign on, they do that sometimes, don’t worry whatever happens, because you just send them a letter back saying something like ”Thank you for reconsidering my appeal, I still disagree with your decision that I am fit for work, and therefore please send my appeal papers forward to the tribunal service for an oral appeal hearing”.

    So don’t worry, it’s all formalities and protocol, it just eats up time and is annoying, just think…you only have to deal with one appeal ”YOURS”
    they have to deal with hundreds every day.

    Comment by dwpexamination — October 23, 2012 @ 8:16 am

  207. Thanks for that reply. It is without a doubt a stressful time especially when you don’t know where your money is coming from or how long it will take to get sorted out. Do they turn down most appeals at first? I hastily scribbled my reasons for appeal,in hindsight not the best to do when stressed and anxious, not even sure they can read my writing but if they ask to send more information for my reason of appeal I shall take a deep breath and write making more sense as I feel in between writing reasons why I it should go to appeal I also wrote my feeling of being set up to fail through being denied my recording even though I requested it then seeing how a nurse can word what you say that is aimed at making them read it different than the words I actually said. Its just so stressful eh.

    Comment by Anonymous — October 23, 2012 @ 9:21 pm

  208. Sorry, I had forgot to fill in my name

    Comment by LisaR — October 23, 2012 @ 9:22 pm

  209. Hello Lisa.

    As soon as they receive the GL24 and sickline they will send you a letter saying they have accepted your appeal and you are now on the assessment rate. Then another letter arrives saying we have reconsidered your appeal and we cannot change our original decision etc.
    You send a letter back saying ”Thank you for your reply and consideration, I still wish to appeal to the tribunal panel etc.

    It’s all a con, this reconsideration is nonsense, they reconsider nothing, and is designed to give you the impression your appeal has been heard and you have failed and are now fit for work etc.

    Sure it’s a pain right enough, but patience will get you there, the main point is to get the GL24 and sickline on to them so that you get paid in the quickest time possible. The rest of the appeal in A4 paper can follow later when you receive the ESA85 assessment report, make sure you ask for it, if you don’t ask they don’t give.

    Comment by dwpexamination — October 23, 2012 @ 11:14 pm

  210. Hi everyone
    well looks like we are all in the same boat.. I had my my appeal yesterday..
    Bur to get ready for it, I went to town on the assessment letter they sent me saying I only scored 6 points..
    Some of the comments I got on my assessment .. finds it difficult to walk, nothing wrong with the arms, get a wheel chair. She can stand for a minute without passing out. Sitting for 20 minutes seemed fine. She takes strong painkillers which helps with the pain ..
    So I took every question, and her answers and picked holes in it.. Which I think everyone should do.
    I agreed with everything the women said from Atos ( well almost everything ) but elaborated – like yes I can stand for a minute, but after 5 my legs buckle and I fall to the floor.
    Yes I do take pain killers, but they make me so sleepy I am asleep after 20 minutes for about an hour and a half ..
    So what I am saying is, don’t go in armed to the teeth with anger, Agree with what they have said, but fill them in on what happens before or after.. Also on your meds you take.. highlight the bit where it says that they make you sleepy or can’t drive or use use machinery.. and send it of to the tribunal –
    And remember your pride.. don’t throw hissy fits, shout or loose your temper… makes you look like a right berk and wont help your case..
    I now have to wait till I get a letter in the post over the next day or so.. Fingers knees and eyes crossed it goes my way.. if not will be looking at the next steep.. what that will be no idea
    Good Luck to you all..

    I would be very interested to hear if anyone won there hearing

    Anna

    Comment by Anna — October 24, 2012 @ 1:02 pm

  211. I received a letter back today from my sending in sicknote and rough explanation why I’m appealing after I received their original decision and its just a duplicate of the first letter I received back saying I no longer am getting ESA from the 10th October and that an explanation would follow. Only difference seems to be that they have looked at my appeal again but stand by what they originally decided. What happens to my sick note that my GP gave me dated from when my ESA stopped that I sent along with the GL24? Sorry to be a pain but I can’t get seen sooner than the 8th Jan at my CAB to deal with my appeal which they turned down. Can they refuse me again if I write “Thank you for your reply and consideration, I still wish to appeal to the tribunal panel” and do I have to get another sicknote from the GP. Its so hard trying not to get stressed. Thanks

    Comment by LisaR — October 24, 2012 @ 1:16 pm

  212. The worry of it all is I am getting no money and my debt for rent and council tax are building up since I can’t pay it.

    Comment by LisaR — October 24, 2012 @ 1:18 pm

  213. Lisa.

    As I pointed out, you must ask the DWP to be paid the assessment rate, if you don’t ask them they will not pay you anything, so send another letter and thank them for their re-consideration and could you please pay me the assessment rate while I wait for the appeal to be heard by the tribunal service.
    This lets them know two things, first you want your captain cash and you want it now, not next year, NOW, and moreover you want to further your appeal to the tribunal service.
    As I said before, everything is slow, that’s the way the DWP have designed it, they want to sicken us by delays and problems etc.

    Comment by dwpexamination — October 24, 2012 @ 9:23 pm

  214. Hi, I did ask when I wrote the extra sheet to be sent with the GL24, they completely ignored my sicknote which my doctor signed for 3 months. At the jobcentre I asked if I could get them photocopied but she said they didn’t do that so basically what I sent is their word against mine but I most definitely asked them to pay me the EAS at assessment rate as I had no money coming in. What do I do now? Do I write another letter saying what you said “Thank you for your reply and consideration, I still wish to appeal to the tribunal panel” and repeat that I wish to be paid ESA at assessment rate. I am waiting for a letter from my GP in support, the same doctor that said I wasnt fit and gave me my sickline. My pain psychologist has been on holiday but I see her on Monday,she normally doesnt give patients letters of support but she had told me before that if they wanted info they could write to her. This I told at the medical including the address to contact my PP but it was never mentioned in the ESA85. I just feel sick as the letter was just repeat of first one but with the mention they’d looked at it again.

    Comment by LisaR — October 25, 2012 @ 12:02 am

  215. My apologies, I misread your reply, tablets kicking in. Just realised you have answered me my question. sorry.

    Comment by LisaR — October 25, 2012 @ 12:03 am

  216. Thats me written my letter and followed your advice, I just hope I am sending it to the right address as i handed sicknote n gl24 to them at jobcentre to send so dont know where they sent it. I had my very first letter come from ESA in Glasgow about failing my medical but the 2 letters pretty much worded same about no longer getting ESA and fit for work , first one had me filling gl24 and getting my sick note and the other which came today saying they stood by their decision.both those 2 are the JCP address. I am in town tomorrow so I hope I got the ESA address correct as I need to send it off ASAP and will get it recorded delivery.

    Comment by LisaR — October 25, 2012 @ 12:47 am

  217. Lisa.

    Forget ESA/ATOS addresses as far as appeals are concerned, ATOS do not tell you directly if you are entitled to benefits or not, that’s the job for the DWP, the DWP tell you that your fit or unfit for work after taking so called advice from ATOS, so all correspondence regarding appeals go to the DWP address.

    The way to tell if your letter is from ATOS or the DWP is the colour of the envelopes, ATOS send all their correspondence in white envelopes, and the DWP send all theirs in Brown envelopes.

    Contacting ATOS (Other than to complain) is futile, they will ignore everything that comes through their door, unless it’s a official complaint and even then they may ignore especially if you have no support from your MP or another Doctor or health worker.

    Comment by dwpexamination — October 25, 2012 @ 8:21 am

  218. Aww no, I sent it off to th ESA address recorded. THe other letters came in a brown envelope. I feel as if everything is going wrong. I did the letter on the computer so if they do anything or even pass it on to relevent place I would be better printing off another letter and sending it recorded to the DWP address. What will they have done with my sicknote I got from my doctor? Will I have to get another one if they have just binned it when they turned me down again? Sorry for being a pain.

    Comment by LisaR — October 25, 2012 @ 9:40 am

  219. Lisa.

    Just go to your Doctor and ask for a duplicate, and send it to the DWP along with the appeal, as if you hadn’t sent it to ATOS in the first place, ATOS will not send your appeal to the DWP, they will just throw it in the nearest bin.

    Comment by dwpexamination — October 25, 2012 @ 1:15 pm

  220. Not again,I cant do anything right..I have sent off the letter to right address as I said earlier, thats why I asked about my sicknote yesterday. I may as well give up, they’ll just bin my letter then without my sicknote.

    Comment by LisaR — October 25, 2012 @ 8:10 pm

  221. If you sent it to the DWP they won’t bin it, only if you send it to ATOS, so forget ATOS now, everything you do is forwarded to the DWP.

    Comment by dwpexamination — October 25, 2012 @ 8:49 pm

  222. I filled out my GL24 at the jobcentre since its across road from my GP and both my sicknote and the form was forwarded by them. I didn’t know where they sent it so thats why I was confused as to who I sent my second letter disagreeing with their 2nd declining letter and that I was still wanting to appeal to the tribunal. I did make a mention in the letter though about the fact they still had my sicknote which was dated from 11th Oct.These 2 weeks have went in so quickly and it didn’t help me getting my council tax demand through to pay rest of my CT in December/January at hefty sums. I know I’ve told them my predicament but I’m still hate those brown envelopes popping through door. Legally can DWP refuse me again? If they do does this mean I have not much option but to go on JSA and lose out on those 2 weeks money and have to pay rent/CT for those last 2 weeks. Sorry for all the questions but I live with my daughter who’s not exactly type to get out there and does all these things for me and she works. Having depression with the pain its such an effort to go get these things done as I usually avoid going into town.Thanks again.

    Comment by LisaR — October 25, 2012 @ 10:00 pm

  223. Lisa.

    Don’t worry about the council tax, phone them up and explain what’s happened.
    Meanwhile, if the DWP have it they have it, nothing much you can do now, but sit and wait for their reply.

    Comment by dwpexamination — October 25, 2012 @ 10:28 pm

  224. Hi dwp recieved letter from DWP today confiming my assessment rate off £71.00 esa a week ,which will make me £40 a week £120 a month worse off.It says i might get letter to attend work focussed interviews do i attend these while i am appealing as this would be quite difficult as i rarely venture out because of my condition,also i spoke to gp who has explained she sees no possibility of me working and is writing me a letter for my appeal,can you explain what happens next and if appeal is succesfull do i go back on same money or are they cutting money no matter what happens? thanks in advance

    Comment by staggers — October 26, 2012 @ 1:19 pm

  225. Hi Staggers.

    Attending WFIs is mandatory, if you do not attend then they stop your money, you may be able to come to an arrangement with the Work focused adviser, it all depends on your health conditions.
    Some support from your GP will help at the appeal, if you win then you will be granted ESA, either the WRAG or support group, each will increase in monetary terms.

    Comment by dwpexamination — October 26, 2012 @ 1:49 pm

  226. Just want to thank you for all your advice and patience with me. Was terrified to open the “brown” envelope that popped through the door today but thats them re-instated ESA at the assessment rate. Now I can breathe and start collecting my medical evidence etc to help my case and get the last two weeks rent and council tax sorted out. I feel so sorry for the many who did not know this forum existed or others like it that give advice.They just gave up with the feeling if they were refused twice that what was the point and just give up. I know how easy it is to give into their lowdown tactics, I almost did. My appointment with CAB is in January, do you know roughly how long it takes for the appeal to be heard at a tribunal?

    Comment by LisaR — October 27, 2012 @ 1:32 pm

  227. LisaR.

    You wouldn’t believe the amount of people out there, who haven’t a clue about the assessment rate, the DWP don’t tell you, if you ask what to do for money they just say ”Go and sign on” it’s criminal.

    It takes about six to nine months before an appeal is heard, it just depends on where you live and how busy they are.

    Comment by dwpexamination — October 28, 2012 @ 3:29 am

  228. IF ANYONE HAS NOT YET BEEN SEEN BY ATOS – Insist from the start that you want a video/audio recording of the interview to let your local MP see the difference between your answers and what will be written on the ESA50 or 80 that they fill in and return to the DWP. You can request this by turning up for your appointment, you will be turned away as they need notice to get recording equipment, but nowhere in their paperwork do they say this. Then write a letter, recorded delivery, saying you are aware that there is a form to sign to get a copy of the video, however, though it’s called a disclaimer, there is a paragraph in it which would limit your use of the video and by signing it, the document becomes a contract due to them adding conditions. Also write that you are under no obligation to enter in to a contract with ATOS. Let them know you are sick fed up with the strain and that if it’s not resolved by the end of the month, you fully intend to take things further. About six weeks later, they will reply saying they no longer need to see you. Then phone the DWP and ask them politely to sort out the mess ATOS have created and that you want to back date all money they have held back as a result of ATOS involvement. Stand up to these bullies and you will find a way through :-)

    Comment by Iain — October 29, 2012 @ 9:53 am

  229. Oh, and let them know that the reason you will not sign this is that you fully intend on using the footage for other purposes…

    Comment by Iain — October 29, 2012 @ 9:56 am

  230. Just got a called from work & pensions that I failed my Atos medical!!
    I told I would appeal etc!!
    How long will I have to wait once I’ve sent the GL24 form ?
    Thank you in advance!!

    Comment by Zubz — October 30, 2012 @ 12:57 pm

  231. Zubz…How long do you have to wait for what ? the appeal to be heard ? average waiting time in any big city in Britain is 9 months.

    Comment by dwpexamination — October 30, 2012 @ 2:39 pm

  232. Hi I have just been told that I’m fit for work I have been 2 carona house where i was seen by a nurse who sat behind a desk and asked questions from a computer which I appeal and have now been 2 appeal which is first tier. Who have said I’m fit 2. I am waiting on spinal surgery I need rod put in 2 stabilize my spine so I can get the surgery 2 fix a compressed nerve. Now I feel deflated . Don’t no where 2 go from here

    Comment by angela markie — October 30, 2012 @ 3:39 pm

  233. Hi, If you scroll up you will read my story,my stress,my insecurity and thanks to dwpexamination I was guided in what to do with regards appealing. One thing is don’t be disheartened if they still stand by their decision after you have sent sicknote and GL24..just follow the instructions that dwpexamination gave me. I am thankfully able to breathe now they have re-instated my ESA albeit at assessment rate while I prepare for my eventual appeal. Good luck.

    Comment by LisaR — October 30, 2012 @ 5:13 pm

  234. Angela.

    Could you explain a little better ? I’ve got you are going to appeal, have you been to the appeal hearing which can take around six to nine months, or was your case re-considered by the DWP ?.

    Comment by dwpexamination — October 30, 2012 @ 5:26 pm

  235. I have been to appeal and been refused its says I can go to a upper tier appeal but don’t know how I go about it

    Comment by angela markie — October 30, 2012 @ 6:49 pm

  236. Sorry should have put more information!
    I was in such a panic so sorry!
    What I meant to say is as I have failed the medical.
    I’ll have to go to job seekers!
    Told the DWP lady I will be appealing!
    My question was if I appealed by sending GL24 form how long will it take before I hear regards to over turning the original decision?
    My understanding is,if I fail I can go to tribunal!’
    I don’t have any clue on time scales etc!!
    Can’t stop thinking since that dreaded call from DWP!!

    Comment by Zubz — October 30, 2012 @ 8:06 pm

  237. Zubz.

    You don’t need to apply for jobseekers, it’s all a con to panic you.

    So stop panicking and send them the GL24 appeal form, use the small box on the appeal form to compose an introduction into why you are appealing, attache a piece of A4 paper if you have too, and write on there that you would like to study the ESA85 assessment report, therefore could they please forward it to you as soon as possible and I will compose the rest of my appeal and send it to your office along with the rest of my appeal.
    Meanwhile while you wait for the appeal to be heard you wish to be paid the assessment rate, and please find attached a sickline in order to comply with the law and receive the assessment rate.

    So you see, you don’t have to sign on, bet they didn’t tell you that did they ? bet they never even mentioned either on the phone or in writing that you are entitled by law to the assessment rate as long as you appeal and provide them with a sicknote ? NO, I’ll bet they didn’t.

    Once you appeal on the GL24 and send it off, they will send you a letter saying your appeal has been accepted and at the moment being re-considered (Actually by one of their decision makers), and you are entitled to the assessment rate.
    You will receive another letter before long saying your appeal has been re-considered and they still stand by their original decision that you are fit for work.
    You can see they are trying to give the impression your appeal has been heard by the appeal panel and you have been disallowed, you of course will have non of that, you write back ”Thank you for re-considering my appeal, but I still wish for you to forward my appeal to the appeal tribunal for a oral hearing”. Thank you.

    Good luck Zubz.
    JOE.

    Comment by dwpexamination — October 30, 2012 @ 10:11 pm

  238. Angela…You need help from your local welfare rights department, they have experts who deal with these cases every day, you can only appeal to the second tier on a point of law, it’s complicated, and first you have to ask the panel for a statement of reasons, this alone can take a month, so get on it and phone them up for help, they will do all that for you.
    Meanwhile, while you wait, just re-apply for ESA again, provided you can meet the two conditions, first condition is at least six months have to have passed since the DWP informed you that you were fit for work, and there has to be a worsening of your present health condition, or a new health condition.

    Comment by dwpexamination — October 30, 2012 @ 10:19 pm

  239. @ Joe!!
    Thank you very much!!
    All day all I could think was how I failed this medical!!
    You have reassured me!
    Can’t thank you enough!!
    I will update you as I go along!
    In the meantime saw my doctor today who gave me a sick note for 3 months!
    Thought I’d do some advance preparation !!
    As soon as the GL24 drops through the letter box I will send it off!!

    Comment by Zubz — October 30, 2012 @ 10:29 pm

  240. Hi I have another interview with ATOS in Glasgow in 2 weeks time at what point do I request video/audio recording copy do I ask when I attend the interview or do I ask before going? I have already had 2 interview in the past both times I received 0 points , both times the copy of my decision did not give an honest report of my answers during the medicals.

    Comment by david cox — October 31, 2012 @ 4:36 pm

  241. I’m in Aberdeen and went to my appointment, told them I wanted to record it and got sent on my merry way because they need notice to get recording equipment. I had to point out that nowhere on any of their letters, does it say to give them notice.

    Comment by Iain — October 31, 2012 @ 4:58 pm

  242. hello hello,lots of really useful info on here,thank you.
    i am a self employed chap,been off work since march with prolapsed discs in my neck c6/c7
    having my spinal surgery early december to hopefully get me back to work.
    had my atos assessment 2 months ago,got resuts back today,i scored a big fat zero!
    my ESA benefit has now stopped,i am going to appeal with GL24 form.
    asked them on the phone if they could pay me the assessment rate while im appealing,they said no,i asked if i could get any money at all from them,they said nope! told me to apply for a crissis loan which must be paid back in full.appeal process is about 6 to 12 months is that right? i will be back at work in 3 months hopefully.the whole system is a complete mess.keep up the good work.cheers.

    Comment by ian wilson — November 2, 2012 @ 2:01 pm

  243. Hi Ian.

    Put down on the GL24 form that you wish to be paid the assessment rate while you wait for the appeal to be heard. Talking to idiots on the phone is hopeless. And apply for the crisis loan as well, just in case they try and mess you around.

    Comment by dwpexamination — November 2, 2012 @ 4:13 pm

  244. hello, I must tell this about ATOS, 11th October 2012 was the medical i attended, i went with my key worker, who now has retired on the 29th October 2012, bet she is glad. Anyway I was called in by the doctor, I have bipolar effective disorder, depression, and fybromyalgia, introduced to this man, doctor as he said, first question “have you ever self harmed?” I said “sorry sir, I did not get that”, he then proceeded to do a cutting action along his throat with a noise, my key worker was disgusted. She tried to hand him all medical correspondence from specialists and psychiatrists, he said “one question at a time!” Throughout the medical my key worker was ignored “no sir, I’ve never tried to cut my throat”. His next question, “how did you get here”, “with my key worker sir, in a car”, “did you use the stairs?”, “no sir the ramp”. One question after another fired at me; he did not give me time to answer the first one before he was on the next. When I did answer his questions he was dismissive.
    Then came the medical, he called for a female of staff to take present and asked if I would get on the couch, I replied “ok” and whilst struggling to take off my footwear he suddenly changed the tone in his voice, “no one bothers to take off footwear here”, I said “well you did not say did you”, he seemed to want to rush the medical, as if the patients are on some sort of conveyor belt.After working full time for many years, I became ill so the mental health authority helped me be getting me a placement at a garden centre looking after poorly plants ,i had a care and key worker, i had to stand down due to the fybromymyagia, im now at home in pain taking more meds, and have the social services involved to help me with care on looking after myself.
    this doctor asked how old you ,57 years sir, well im of pension age plus two and im still working, 67 then i said, yes, he could talk, well sir is this a voluntary position, he then said you dont think that i do this for nothing, oh boy i felt i got him, he said he would love to be at home attending to his garden and pruning his roses, well i said whats to stop you sir, you a pensioner you will have your medical pesion along with your state, pension, oh he was not liking this, i also said then sir if you stand down and let another young doctor take a place ,there are loads out there, you will then be able to attend to your rose pruning and possibly cut alltheir heads off. it says on the walls of these medical centers we will not tolerate any abusive languauge, or any violance, i feel that i and know i carried my medical with decency, polightnessand andswered everyquestion to the best of my ability, its a pity that the doctor in question cannot read.

    Comment by Anonymous — November 2, 2012 @ 7:45 pm

  245. Hello Anonymous.

    This Doctor (Well so called Doctor) sounds like Dr Mengele.

    He’s working in to his old age is he ?, no wonder young folks can’t get work with greedy folk like that hogging all the jobs.

    Wonder how many points he’ll give you ? don’t expect any…

    Comment by dwpexamination — November 2, 2012 @ 8:43 pm

  246. I had my medical with Atos two weeks ago and got a phone call from DWP on Wednesday saying that I got no points, and that my ESA would stop that day – I was told to sign on for jobseekers allowance asap.
    I told them that I disagreed with their decision, and that I considered myself, and my GP considers me not fit for work, so how could I possibly sign for jobseekers allowance. Surely, if I signed on for JSA I would be declaring that I considered myself fit for work. The lady said she would send me an appeal form, which came today along with the letter confirming that I am not entitled to ESA from that date (Last Wednesday). What should I do now? Am I able to appeal, or am I being forced to sign on for JSA, even though I am not fit?

    Comment by Anonymous — November 3, 2012 @ 1:36 pm

  247. I had my medical with Atos two weeks ago and got a phone call from DWP on Wednesday saying that I got no points, and that my ESA would stop that day – I was told to sign on for jobseekers allowance asap.
    I told them that I disagreed with their decision, and that I considered myself, and my GP considers me not fit for work, so how could I possibly sign for jobseekers allowance. Surely, if I signed on for JSA I would be declaring that I considered myself fit for work. The lady said she would send me an appeal form, which came today along with the letter confirming that I am not entitled to ESA from that date (Last Wednesday). What should I do now? Am I able to appeal, or am I being forced to sign on for JSA, even though I am not fit?

    Keith T (Sorry, I didn’t leave my name last time!)

    Comment by Anonymous — November 3, 2012 @ 1:43 pm

  248. A brief outline of my contition:-
    I have been receiving treatment for tennis elbow since January. When I say treatment, I mean I was given exercises to to after a telephone consultation with an NHS physio. A few months ago I got the same symptoms in my other arm and was advised by my GP to continue with the exercises. Around the same time, the company for which I had worked for 22 years went into liquidation, and my GP gave me a medical note and advised me to apply for ESA. I have had three medical notes now (1 for 2 weeks, and 2 for 1 month each).
    I cannot use either arm or grip either hand without getting a shooting pain from my elbow down to my wrist. There is also a “Dull ache” in each arm which is there constantly, for which I use a pain relieving gel four times a day.
    The nature of the problem is all down to using a computer at work for long periods (8-10 hours a day) over a long period of time (last 12 years). I actually had cubital release surgery last year when I lost feeling in my hand for several months!
    I just feel it is so unfair to be treated like this now. I have worked since I left school (27 years), paying tax and national insurance, and have never claimed any benefits whatsoever until now. All I want is for my arms to be back to normal, and hopefully get another job in my profession, as I was an electrician before becoming a manager for the company.
    Since the “Medical” with Atos my symptoms have got worse so my GP got me in touch with another physio, for a face-to-face examination this time. I have seen the physio and have been given different exercises to do as the problem has been found to be in my neck, and is causing problems in my arms. I have to see her again for my next session next Tuesday. Basically the original exercises I was told to do have made things 100 times worse, and they now have to undo the damage that has been caused by doing them, before starting treatment on the real problem. This includes exercises, massage, and possibly accupuncture. I’ve been given a timescale of between 3-6 months before everything will hopefully return back to normal. I am seeing my doctor on Monday when my current medical note expires and he will give me another one presumably for another month after telling him the findings of the physio.
    Do I send the next medical note with the GL24 appeal form? What else do I need to send with the appeal form?

    Any advice at all would be very much appreciated.

    Keith T

    Comment by Anonymous — November 3, 2012 @ 2:20 pm

  249. Anonymous.

    No you do not sign on for work, you are not fit are you ? so there’s no need to do that.

    Appeal by using the GL24 form they sent you, ask them to pay you the assessment rate while you wait for the appeal to be heard, also attache a sickline as well, do that and you will be paid as soon as. The rest is just a waiting game..!!

    Comment by dwpexamination — November 4, 2012 @ 3:20 am

  250. Thanks ‘dwpexamination’

    After taking my time and reading all of the above posts now, would I also be better off saying that I would like to see the ESA85 assessment report too, and that I will compose the rest of my appeal once I’ve gone through that?

    Keith T

    Comment by Anonymous — November 4, 2012 @ 1:10 pm

  251. Hello Keith.

    Don’t delay in sending the DWP your GL24, the reason is they only give a monthly deadline, if your late they can give you problems you don’t need.
    That is why the DWP deliberately delay the ESA85, they hope to narrow the information the appeal panel can see.

    So the way round it is to fill in the GL24 indicating you do not agree with the decision makers decision that you are work fit, and wish to appeal and be paid the assessment rate, also let them know on there that since you are not in possession ot the ESA85 assessment report to date, then when you do receive it and have had time to study it, the rest of your appeal will follow.

    Don’t forget to attache a sickline to your GL24, you need to supply their office with a sickline before they will entertain paying you the assessment rate, it’s the law.

    Comment by dwpexamination — November 4, 2012 @ 2:02 pm

  252. my friend who has been on the sick for years had a assessment this year about his condition, but didn’t get many points so he failed the medical but we appealed against the decision but apparently he has lost the tribunal but has been given a sick note from the doctor for three months so how does this apply now if he has lost his appeal, He couldn’t work even if he wanted too, which I know he does, and he was claiming income support before but then they made him change to ESA, can anyone enlighten as to what he can do and he certainly fit for work to claim JSA
    thank you

    Comment by Lorna Bressington — November 5, 2012 @ 9:17 am

  253. Hello Lorna.

    I’ve just answered that very question this morning to someone else on another page. Ive copied and pasted it here for you.

    You can re-apply for ESA, you have a sicknote, and more than six months have passed since the DWP decision maker informed you that you were fit for work, the other stipulation is your condition has to have worsened or you have a new health condition.

    So even though the tribunal has found you fit for work, what most people don’t realise is that they found you fit for work on the date the decision maker found you fit for work, they are not saying you are fit for work today, just when the decision maker said you were, that’s the reason why you can re-apply for ESA rather than having to sign on.

    So contact the DWP, don’t mention anything about tribunals, all you tell them is you wish to apply for Employment and support allowance, they will send you the forms and your friend fills them in applying from the date you were disallowed ESA, do you see what I’m saying…it’s as if he/she had never applied before or even been to a tribunal.

    Comment by dwpexamination — November 5, 2012 @ 9:33 am

  254. After losing an ESA appeal and losing an ESA tribunal on the 28/09/12,i have been allowed to make a fresh claim for ESA under a new diagnosis as my condition has worsened.DWP have granted the fresh claim and this started from 8/10/12.So if a new diagnosis is present you don’t have to wait 6 months to claim again,you can do it immediately.

    Comment by Ms.R — November 5, 2012 @ 10:28 am

  255. re-posted Hi I have another interview with ATOS in Glasgow in 1 weeks time at what point do I request video/audio recording copy do I ask when I attend the interview or do I ask before going? I have already had 2 interview in the past both times I received 0 points , both times the copy of my decision did not give an honest report of my answers during the medicals.

    Comment by david cox — November 5, 2012 @ 2:48 pm

  256. Hello David.

    You need to ask before you attend so that they can kid you on they are arranging it on your behalf. If they can’t arrange it then that can gain you some time on ESA.
    Ideally requesting on the ESA50 Questionnaire is the way to go, but there is still time to request by sending a recorded delivery as soon as.

    Comment by dwpexamination — November 5, 2012 @ 7:10 pm

  257. I have been reading the comments and I am terrified. i was deemed fit for work in aug but did not get the letter til mid Sept it was dated 3rd sept. I did see a CAB and get sick papers backdated and up to Jan. I have 4 disc gone in my back and have had different treatment but to no effect. I have a jaw/facial problem which gives me pain in my head every day and makes it difficult to concentrate, I suffer from nerves and depression, and do not like going out alone as I have back pain and also suffer from vertigo. my husband has to take me everywhere in the car, and has to take time off work for appointments if I have a morning app. his works has been good and gave him shifts 6 til 1.30 to be home in the afternoon with me.
    The Atol report was full of lies, while being examined I was in pain so she stopped. there was no mention of this. all she said was silly things like. she carried a bag? she was dressed tidy? she walked into the room? She sat through the 30 min interview with no pain. Lies, I cannot sit for long or stand for long as I told her. I was fidgeting in the chair all the time. I take lots of tablets a day for my jaw plug brufen and strong painkiller, as well as ulcer tabs and blood pressure tabs. and now am getting confused to what I have take and when.
    I find it hard to concentrate and am terrified of going in front of these people,

    I am waiting for an app for a physciatirst and physio how am i able to go to work? and how am I able to sit in front of a panel. it is really stressing me out. if they do not over rule my appeal, I was told it would take about 6 months to review it.
    sorry i am just rambling

    Comment by Anon — November 7, 2012 @ 11:50 am

  258. Hi thanks for your advice its much appreciated, I phoned Atos on monday to ask for dual recording at my medical, the woman I spoke to was very pleasant and helpful she emailed the resources dept, for me and told me to phone back on the 12th of this month to confirm that my appointment was to go ahead.The sent me a letter which I received today informing me I have a new appointment date in a further 2 weeks time (every little helps) and that dual recording would be available. Can you tell me how and when I can get a copy of this? and anything else you think I might need to know.

    Comment by david cox — November 7, 2012 @ 1:14 pm

  259. Hi David.

    They will hand over a copy after the assessment, you will be asked to sign you received it.
    Of course insist you get a copy before you leave, if you don’t they will fiddle with it..!!

    Comment by dwpexamination — November 7, 2012 @ 1:43 pm

  260. Were all in the same boat Anon, it’s a real pain having to deal with these people, and it’s never going to end until we get rid of them..!!

    Comment by dwpexamination — November 7, 2012 @ 1:47 pm

  261. I have received the doctors report, full of lies, but am I to receive another kind of report, posts on the internet say that people have been getting them, should I ring them and ask. i know my CAB adviser sent off the letter and form

    Comment by Anon — November 7, 2012 @ 1:55 pm

  262. I cannot get onto the web site which you are all advising it is saying error 500 i keep trying but to no avail. Can someone advise if there is something wrong with this web page as i really need to logon and getsome information as a matter ofmurgency as inam appealing and i agree it is hardwork thankyou

    Comment by Margie — November 7, 2012 @ 10:47 pm

  263. My partner was also told she was of tidy appearance and polite they said she showed no sign of anxiety she was in tears most of the interview, and they she could sit in a chair , she suffers from a terrible pain condition she suffers from insomnia and severe depression and he stated she showed no signs of anxiety he must have been blind and illusional, and awarded no points, She is in pain 24/7. these drs are liars to say the least and should be struck off for what they are doing to genuine ill patients. They know nothing of patients in 30minutes. Where are my partners human rights where are the people of this countries rights , you never asked to be ill or disabled my partner is being treated like an animal in fact an animal would have rights. Ever since she has been to this meeting they have made her condition worsen she was in a state before she attended and ever since her health has got worse. She barely sleeps at night for pain and panic attacks, who on earth let these people loose and gave them the powers to humiliate and lie and destroy life’s do they not think my partner and the sick out there are suffering enough. This is a very sad situation but everyone must fight back for their rights and be strong and keep asking question after question until there is a sensible resolve to all this mess.

    Comment by Pride — November 7, 2012 @ 11:04 pm

  264. Anon.

    What does it say on the report that you have ESA65 ? or ? ESA85.

    Comment by dwpexamination — November 7, 2012 @ 11:37 pm

  265. You mean the forum Margie ? no problem getting on http://www.dwpexamination.org

    Comment by dwpexamination — November 7, 2012 @ 11:39 pm

  266. Hello Pride.

    We already have been fighting them back for nearly four years, we’ve not had much help in all that time.

    You see, we kept getting told by person after person after person that these assessments were not going to affect them because they were on such and such a sickness benefit for life, if I had a pound for every time I heard that, I could take ATOS to court on my own and win..!!.

    And now what am I seeing, these very same people waking up and smelling the coffee.

    Sorry, but when they were bleeding out their back sides they should have all came to me and I would have gave them (Or at least tried) an operation to stop the cancer, but they didn’t bother, now it’s to late, ATOS are on a roll, and I can’t stop them, and neither can anyone else.

    Comment by dwpexamination — November 7, 2012 @ 11:54 pm

  267. The report is just the assessment from the doctor who saw me and what she sent back to ESA

    Comment by Anon — November 8, 2012 @ 8:28 am

  268. Hi please look into this as the forum is unavailable I keep getting this message when I try to get on it.”
    Error 500!

    /phpBB3/
    Internal Server Error!

    Comment by david cox — November 8, 2012 @ 9:41 am

  269. What I had back was ESA65

    Comment by Anon — November 8, 2012 @ 11:12 am

  270. David.

    The forum is back running.

    Comment by dwpexamination — November 8, 2012 @ 4:19 pm

  271. Hi still getting an error message when trying to access the forum i tried firefox, chrome and IE none of them work?

    Comment by david cox — November 8, 2012 @ 4:29 pm

  272. Hi David.

    It’s not the site or the server, I’ve just checked, there’s at least half a dozen posts within the last half an hour, it must be your end. Are you with BT by any chance ?.

    Comment by dwpexamination — November 8, 2012 @ 6:57 pm

  273. no i’m with talktalk

    Comment by david cox — November 9, 2012 @ 1:44 am

  274. Hi David.

    BT are employing ATOS of all people to cater for their IT.
    Perhaps talk talk are employing ATOS. Not saying they are, but if so then they will not allow you to access our sister site, they don’t like the things we are saying.
    The problem is definitely your side David.

    Comment by dwpexamination — November 9, 2012 @ 2:05 am

  275. Hi my son checked that link on his home pc he is with virgin he also cant access it? he tried using proxy dns which should mask ur true ip and allow access that way it didnt work he also tried same method here he at my home says that the error is definitely at your end its your dns servers that has the fault. Also noticed im not alone in bringing this up on here so might be to your benefit to check again. Thanks and sorry for hassling you about this. I just need to access the info and can find no other way.

    Comment by david cox — November 11, 2012 @ 6:09 pm

  276. Hi Just tried it seems fine to me couple of suggestions you can try, first cleanup you disk easy to do, just look for disk clean up, and follow instructions.
    Also try the disk checker, it is under my computer lest click to see your hard drive then under tools click check disk, and make sure to tell it to check errors click ok, it will say disk in use and ask you to do a check on next computer start, then restart your computer and leave it to do it`s thing.
    If you have a program called spybot let it check for mailware, there is also malwarebutes anti-malware also good for checking you computer both free.
    Have seen this happen before if malware gets onto your computer it can block you getting to some sites.
    Hope this helps

    Comment by ray — November 11, 2012 @ 6:29 pm

  277. Thanks for that RAY, the problem is definitely not this end, there’s far to many people posting for there to be a problem at this side.

    Comment by dwpexamination — November 11, 2012 @ 8:54 pm

  278. Have to admit I’ve never been abble to get on the fourm. This is what always comes up when I click on link “Error 500!/phpBB3/Internal Server Error!”

    Comment by LisaR — November 11, 2012 @ 9:58 pm

  279. It’s not this side Lisa, plenty of people are getting on, Ray’s suggestion looks like a try..!!

    Comment by dwpexamination — November 11, 2012 @ 11:00 pm

  280. Hi did a bit of checking regarding your error message, say first you should clean your browsers cache, in internet explorer it is under tools on your browser page, click internet options and click under browser history click delete, also next door to delete is settings, click then under view files are your cookies, select all click delete, and there gone it could be a corupt cookie, and the best way to find out is to do this.
    Where in the uk are you? myself in north london, and have no problem getting to the site.

    Comment by ray — November 12, 2012 @ 12:33 am

  281. hello again,ok so i have sent my appeal form back with a doctors sickline for 3 months and requested they pay me assessment rate esa while the appeal is pending,got a letter back from them today basically saying they will look at my appeal and if appropriate they will revise the decision.no mention of paying me at the assessment rate which i requested.any advice for me now? write them another letter requesting i be paid at assessment rate? keep up the good work.cheers.

    Comment by ian wilson — November 12, 2012 @ 11:46 am

  282. When I did that through the CAB they didn’t tell me either, but I then had a lump sum put into my account with no name, I am assuming it is from them, now I receive £142 every two weeks stating it is from them. But I still have not received a letter from them telling me what I am getting and the rate.

    Comment by Anon — November 12, 2012 @ 12:11 pm

  283. Hi Ian.

    The reason they are not paying you the assessment rate quite yet is because they are re-considering your appeal. Sometimes they pay immediately and sometimes they don’t.
    Of course it’s a joke, they will re-consider nothing, so you can look forward to a letter that says something like this ”We have re-considered your appeal and our original decision still stands etc” in other words, bog off and sign on.

    So you will have none of that Ian, as soon as you get a letter like that, you immediately thank them for their kind consideration and would still like the appeal to go forward to the appeal panel. That’s when they will concede and accept your appeal and pay you the assessment rate.
    You have to understand that with the DWP everything is slow and cumbersome, everything is designed to sicken you and make you give up, don’t give up though, just keep being a pain their ass until THEY give up.

    Comment by dwpexamination — November 12, 2012 @ 2:20 pm

  284. They put a lump sum in to your account with no name ?.

    Obviously you are getting the assessment rate, which is £71 a week, £142 per fortnight, a letter informing you of this should be sent to you, so phone them up and ask them what the script is ?.

    Comment by dwpexamination — November 12, 2012 @ 2:24 pm

  285. Thanks for speedy reply and all your help in general,you are definately going on my christmas card list.cheers. Ian

    Comment by ian wilson — November 12, 2012 @ 2:29 pm

  286. hi guys, im glad i came acroods this site, it’s very informative, i felt i was alone as i suffer severe anxiety and depression, and undiagnosed bi-polae symptoms. I had my medical with Atos a couple of months back, there was so much going at the the time it was a shame i wasnt prepared as i didnt know what to expect. The things that were going on was affecting my health, but i still scored 0! Received a letter out of the blue a month ago, they’ve stopped my payments from october 25th, housing and council tax has been suspended. I wrote back explaining why i disagree but got the obvioius reply the desicion hasnt changed. I’ve read thru quite abit of this forum the last week or so, so i have got my gl24 form and my doctor has seen me and covered me with a sick note from the 25th. This is all very stressful. I know im as bad as i was before and it feels like their just throwing me in deep end. Apologies if my post is abit long winded and sidetracking. I basically am not sure what to do from here. I am going to CAB tommorw for advice/help with appeal, just rang but cannot get thru to right medium. The medical findings from Atos i see has been mentioned on here, the ESA50 is it? Do i need that to send off my sick note, or sick note alone before appeal?. Or wait for this before appeal and send everything including sick note with it? I have no money and im not sure what to do as of now but i do have the gl24 form and medical note. Thanks dwpexamination

    Comment by J — November 14, 2012 @ 12:23 pm

  287. Appeal on the GL24 form, ask for the assessment rate while you wait for the appeal to be heard (Don’t ask ? they don’t give) carry your appeal on to A4 paper if you need to, as many A4 papers as it takes. mention on the appeal somewhere that you have attached a sicknote.
    Try and get the CAB to help before you rush it of, they can help you with good advice.

    And log in to our sister site for any help you need http://www.dwpexamination.org

    Comment by dwpexamination — November 14, 2012 @ 1:47 pm

  288. Hello there i am finding this page really useful but i have a few questions. I failed my medical assesment and filled in appeal form and sent it away with sick note/medical certificate from my doctor on the 7th nov. Now my last payment of incapacity benefit was payed on the 9th nov. It is now 1 week later (16th nov)and i have no money in my account. I got told to phone crisis loan and when i did they have give me £21 to live on for a week but the man on the phone said it could take up to another 3-4.weeks. Can you please inform me on what to do next and is there no other money i can claim because £21 for a week is a joke.

    Comment by steven d — November 16, 2012 @ 6:34 pm

  289. Hello Steven.

    Did you ask to be paid the assessment rate when you composed and forwarded your appeal ?.
    Please don’t say you didn’t know that you have to ask for the assessment rate, because they don’t pay you unless you ask………. please…!!

    Comment by dwpexamination — November 16, 2012 @ 7:20 pm

  290. before i got a letter saying i failed my assesment i got a phone call of a man explaining and he said if i choose to appeal i will be paid the assessment rate. When i got the form the was no mention of assessment rate.

    Comment by steven d — November 16, 2012 @ 7:25 pm

  291. i also have form here that states. “if you appeal against our decisionthat you are not entitled to ESA following assessment, you may be able to recive ESA until the appeal is decided. We can only consider paying you this upon recipt of a valid appeal(sent 7th Nov), which must be received whitin one month from the date of this letter. (23 oct) Nowhere does it say i need to ask for assessment rate :(

    Comment by steven d — November 16, 2012 @ 7:36 pm

  292. Your still not getting the message Steven. They do not wish to pay you anything, so they do not tell you that you are entitled to the assessment rate, that’s why you don’t see it, and that’s why you need to ask them for it, they would rather you just either signed on for work or crawled away and died somewhere.

    Everything you do from now on is going to be a battle, when dealing with the DWP you will find out sooner or later that they are not your friend, they don’t care about you, they just want you out of their books. That’s why it’s a battle, a constant battle to learn your rights and demand them, because they aint gonna help you.

    But you can get help here to learn your rights, think up a username and log in and make a start, your future depends on it
    http://www.dwpexamination.org

    Comment by dwpexamination — November 16, 2012 @ 9:50 pm

  293. Hi Steven, I followed the instructions of making a point to ask them to pay ESA at assessment rate, you should write to them again at DWP as they have your sicknote from the 7th. I sent in my sicknote along with the appeal GL24, they looked at it again and stood by their decision to stop my ESA, I wrote again saying that I still wanted to continue with my appeal to be heard and asked them once again if they could pay me the assessment rate of ESA which they backdated to my sicknote along with whatever housin/counciltax benefits I was due frm sicknote date.Get back in touch as soon as you can. Type it out so they’ll know you have a copy of proof along with sending it recorded delivery.

    Comment by LisaR — November 16, 2012 @ 10:59 pm

  294. so i need to type a letter stating i want to be paid the assessment rate of ESA whilst they assess my appeal, is there anything else i need to add in the letter? and would i be able to take the letter to the jobcenter so they could fax it over?

    Comment by steven d — November 17, 2012 @ 11:16 pm

  295. Hi Steven.

    Just mention that since you are in receipt of my appeal and sicknote you wish to remind them that you would like to be paid the assessment rate while you wait for the appeal to be heard.
    If you don’t have the ESA85 assessment report, you can also mention you would like them to send it on in order for you to study it in great depth, and when you have done so the rest of your appeal will be forwarded to them at the first opportunity.

    Comment by dwpexamination — November 18, 2012 @ 1:41 am

  296. hi there im so glad i came across this site . right where to start 4 years ago i fell ill . and it got to the stage i could not walk so claimed all the relivent benifits i was told i was entitalled to . as my partner had to care for me 24 hours a day and still cares for me from 5 in the evening till 7 at night as im no good at sleeping ect and my movement is very limited but in febuary this yr i had a total left hip replacement as they said it should fix the problem but in fact its made it 100 times worse im now suffering from mayjor back pain ,pain in my groin and cant lift my leg and they have also made my new hip to long which has made my limp worse . but previous to this operation in january this year i had to go for a medical before my operation took place and the stos doctor awarded me no points . i appealed against this decission as i hadnt even had my op at this time and was recovering . but still havent heard anything back only a massive load of forms the atos doctor filled out which are a load of rubbish . but my partner decided to go back to work in april so we moved closer to family so they could care for me as soon as i told esa my partner had returned to work they stopped all my esa . so basically we have been living of my partners wages which are pennies . but its come to the time we literally have no money so i have now started work i have no choice but am struggling everso much with it im crippled with pain all day and all night cant walk far and cant even lift a kettle to poor a cup of tea as my back is so painfull . im stuck against a brick wall and dont know what to do but i seriously wont be lasting in employment as my body seriously cant deal with it and i cannot cope with the outcome of pain i have to endure every minute of the day .

    Comment by chantelle — November 18, 2012 @ 2:23 am

  297. Hello Chantelle.

    Every time you are denied a benefit, no matter what benefit it is, you have a legal right to appeal.
    You can appeal immediately as soon as you are told you are denied this or that benefit, and it’s best not to delay, you can get paid the assessment rate while you wait for the appeal to be heard, so there is no need to sign on as if you were not ill.
    You can also get help from the Citizens advice bureau or local welfare rights, so you see, there are certain actions you can take which would have got you started with some money.
    Remember, do not take advice from the DWP, they have no interest in your welfare, they have no obligation to help you, this means you need to learn your rights to stop them from abusing you.
    http://www.dwpexamination.org is our sister site, and they can help you as well if you need quick confidential information in the future.

    Comment by dwpexamination — November 18, 2012 @ 10:58 am

  298. Hiya i received a letter 2day asking me to attend a medical assessment with atos, i had 1 in july then received a letter from dwp saying they had put me on the highest rate, so i dont understand why 4 months later im getting asked 2 do the questionaire again, does any1 no what this means as im really worried ,,i hated the last assessment i really dont want to go through that again,, plz any1 help
    thankyou

    Comment by leanne — November 18, 2012 @ 1:14 pm

  299. what is yhe esa 65 ? how does it differ from the esa 85 ?

    Comment by Anonymous — November 19, 2012 @ 5:44 pm

  300. Hello Anonymous.

    When the decision maker receives the ESA85 by computer, the first thing they do is sift through it to cherry pick the parts they wish to show you that – In their opinion – is the reason why you are work fit.

    This information is then printed out in the form of what’s called an ESA65, in other words an ESA65 is a condensed version of an ESA85, they don’t want you to see the full ESA85 because not only is it almost always packed to the brim with lies, it will only help you to compose an appeal.

    And this is the reason you would never know the ESA85 even exists, and is also the reason why they don’t tell you that it exists, even though the right to see your own ESA85 is the law, so everyone must demand to see their own ESA85, they have to send it to you by law, but there is no law that says they need to send it to you immediately, they can delay it for as long as they want.

    Comment by dwpexamination — November 19, 2012 @ 6:44 pm

  301. HI,
    I have followed all your comments and have found them very supportive and encouraging. I have suffered depression for several years and often struggle daily (I wont bore you with the details). I have recently attended an ATOS assessment and received 0 points. A lot of the questions I was asked were either irrelevant or didn’t apply to my condition. After following your advce and sending off an appeal letter requesting the ESA85 and will make a full appeal, I have just received a telephone call from the DWP (call witheld) stating that before they can log it as a valid appeal they need clarification of what the appeal is for and she waffled on about my payments being stopped. I told her that I would make my full appeal once I have received the ESA85 which I did reqest several weeks ago and have still not received. She was quite insistant that I provide her with exactly what the appeal was for exactly (quite bullish). I told her that I don’t divulge information via phone and if she can put her request in a letter, I will respond. I also asked her specifically that ‘are you telling me my payments will stop?’ and she said no! My question is in the origainally appeal letter are you supposed to make it clear what the appeal is for or can you make your full appeal once you receive the ESA85. Can the DWP force you and stop your payments if you dont make it clear what your are appealing for in the GL form. Many thanks for your continued support site.

    Comment by Linda — November 22, 2012 @ 11:38 am

  302. Hell Lynda.

    After your assessment the DWP must have told you either by phone or more likely they have sent you an ESA65.
    On the ESA65 it will say that you have been found fit for work by the decision maker and justify it by quoting parts of the ESA85. It will also possibly have other information on why you were found fit for work.

    So you wish to appeal against their decision to find you fit for work, because you do not agree with the decision makers decision that you are fit for work. Since you do not have possession of the ESA85 but have the condensed version the ESA65 then you can appeal on the information they give you.

    So then, you want to know what to put ? Well first of all you would like a GL24 appeal form, and as you have indicated you want to see your ESA85, but the problem is they will not send you the ESA85 until you appeal.

    So you have no choice but appeal on the information they give on the ESA65, because there is a strict deadline of one month to hand the appeal in to the DWP.
    You can see why they hold back the ESA85 ? obviously to make it as difficult as possible for you to compose a full appeal, this alone shows these people up for the criminals that they are.

    But there is nothing to stop you from appealing with the information you have, supply a sickline and ask to be paid the assessment rate while you wait for the appeal to be heard.

    At the bottom you can add, please don’t treat this as my full appeal, my full appeal will be forwarded to your office when you have complied with the law and provided me my ESA85 assessment report, I wish to study the ESA85 in great detail, and go through it with a fine tooth comb, when I have done so then the rest of my appeal will be forwarded to your office etc etc.

    Comment by dwpexamination — November 22, 2012 @ 12:29 pm

  303. Hi
    Many thanks for your comments. I have already completed a GL24 and stressed the points you made above i.e i would like to appeal against your decision that i am fit for work but will not make a full appeal until I receive a ESA85 then I will make my full appeal. I also submitted a sick note and have been paid the assessment rate for the past 4 weeks. It is only today they phoned and asked me ‘what i am appealing for’. I thought that I had to wait for the ESA85 before I made a specific statement of what Im appealing for. Based on what you said above, do I then need to be more clear and make reference to the ESA65? Do I go through each point or just a general comment. Was I right is asking them to put their request in writing or should I have answered them on the phone? Again, many thanks for your comments and support.

    Comment by Linda — November 22, 2012 @ 12:54 pm

  304. Linda.

    What your appealing for ? does that sound like they’re asking you are you appealing to get in to the WRAG of ESA or the Support group of ESA ?.

    Can I ask you, What benefit were/are you on ? Contributory ESA or Income related ESA ?.

    It’s best to ask for any information in writing, phone calls mean nothing, they can even deny they spoke to you on the phone.
    Oh we have no record of that call Sir/Madam, when did you call ?.

    Comment by dwpexamination — November 22, 2012 @ 4:36 pm

  305. Hi, this blog is very informative, thank you, I wonder if you could offer some advice on this situatino?
    I went to the job centre today to ask about my ATOS outcome and was told they had refused me, but I had received no letter at all. They said they had tried to call, aren’t they legally required to send a letter?

    I need to appeal but I won an appeal two years ago through ATOS, I have depression but have not been to the doctors since I won my appeal, I have been sleeping rough and staying in hostels and sofa surfing. So I have no current sick note, do I need one before I appeal? I am having a friend write a letter for me to the Job Centre to appeal and found the information here useful, I just don’t know if I need a medical certificate in order to appeal?

    Thank you for any advice you can offer me.

    Comment by Sarah — November 22, 2012 @ 4:44 pm

  306. Hello Sarah.

    Yes you should ask for their decision in writing.

    So to appeal what you need is a GL24 appeal form (Can get one at any job centre) and to receive the assessment rate you need a sicknote, you don’t need to go in to detail with the GP when asking for a sicknote, just say the DWP have asked you to supply them with a sicknote.

    When the DWP inform you in writing they will do so on what’s called an ESA65 along with a brief letter, the ESA65 is a condensed version of the ESA85 assessment report ATOS sent to the DWP.

    So also ask for the ESA85 assessment report, don’t wait around for ever for the ESA85 assessment report because the DWP purposely delay it to make your appeal as difficult as possible, just appeal inside the monthly deadline using the information on the ESA65, and mention when you receive the ESA85 assessment report the rest of your appeal will follow when you have had time to study it.

    Comment by dwpexamination — November 22, 2012 @ 6:39 pm

  307. Okay I will do that, but I really need a sick note after I’ve already been on ESA for two years with no sick note at the full rate after winning a tribunal? It’s not that I was on the assessment rate and they said no, I was on the full ESA and then they suddenly sent me for a new medical. Okay I will get one if you say but I don’t like going to the doctor as I get anxiety attacks, thank you for your help!xx

    Comment by Sarah — November 23, 2012 @ 7:58 am

  308. Sarah…To appeal you don’t need a sicknote, but to appeal and get the assessment rate you need a sicknote. (The assessment rate is actually ESA without the working component payment).

    What does that mean then ? well you can appeal against a decision to find you fit for work and go and sign on for work, so you wouldn’t need a sicknote, there might be numerous reasons, but one reason is your health can improve from the time you were ill and signing on, and since you health has improved but signing on then you can see why in that particular case you don’t need to get a sicknote.

    Comment by dwpexamination — November 23, 2012 @ 8:23 am

  309. Thank, you. I also never received a letter from them! I only found out when I went into a JObCentre and they told me they had tried to call me! Isn’t it a legal requirement they send a letter? Should I mention that in the appeal letter? Thanks.

    Comment by Sarah — November 23, 2012 @ 8:46 am

  310. I failed a Atos interview, I had a broken and dislocated spine. Was only asked about my mental health and picked up 6 points for not “dealing with change well”. Not surprising I could not walk and did not for 18 months. I appealed and won. After my spine healed and I could walk I suffered from situational depression I informed dwp that although bodily fit I was not mentally fit. They never cared. Attended second Atos interview was only asked about my physical problems. It was during this interview that I caught the examiner lying and I told him he was writing lies and I was asked to leave by security after 15 mins. I complained to atos and I received a letter stating I had been in the interview for 4 hrs 45 mins and the report was a pack of lies. The examiner had completed it himself after the other interviews. I proved this and proved he was a liar. Was a huge relief to return to work and not have to deal with them again.

    Comment by Alun — November 23, 2012 @ 11:22 am

  311. Sarah.

    Are you saying you never received an ESA65 ? you can demand one.
    If they refuse to send you one, you can mention in your appeal that because they never sent anything in writing explaining why your benefit was stopped, it has made it almost impossible for me to appeal with any kind of precision.

    Comment by dwpexamination — November 23, 2012 @ 1:27 pm

  312. You bet Alun, every report is a pack of lies.

    Comment by dwpexamination — November 23, 2012 @ 1:39 pm

  313. i am finally getting the esa assessment rate after many phone calls. esa did not have my appeal on the system and neither did whoever else i got put through to, but the jobcenter and incapacity benefit did have it on the system. Ive got a great idea for the DWP…..Why not all use the same bloody system!!!!! I was wondering now that the appeal is in can i still send appeal information and how do i go about getting the esa85 form i think it is about the atos medical??
    thanks for the help, its much appreciated.

    Comment by steven d — November 24, 2012 @ 3:28 am

  314. Hello Steven.

    To get the ESA85 is the same procedure as anything else, just write the DWP a letter and say
    ”As you are aware, I have decided to appeal against your decision to find me fit for work, therefore I would like your office to send me a copy of my ESA85 assessment report which was carried out by ATOS healthcare on such and such a date.

    And add in anything else you think is relevant like : Please find a GPs line attached to this letter etc.

    Phoning them sometimes gets you it and sometimes it doesn’t Steven, it all depends on the whim of the DWP person at the other end of the phone who is listening to your requests.

    Comment by dwpexamination — November 24, 2012 @ 10:12 am

  315. Iv been for my medical but I haven’t been paid I have received no letter or phone call to state that I didn’t pass the medical is this normal for them not to pay you while they make a decision :-/

    Comment by jessica — November 24, 2012 @ 11:06 am

  316. I got a letter today saying I scored 0 points on my medical. I’m suffering from a broken ankle which needed surgery and I’m currently using crutches and an air walker to move about. The gov.uk website says I can’t claim JSA for 1 calender month after ESA so I will have no money for christmas.. what a joke.

    Comment by Matthew — November 24, 2012 @ 12:05 pm

  317. Hello Jessica.

    The DWP sometimes stop your payment then inform you that you are fit for work, and here lies the problem, it can take them as long as god knows to send the letter (Along with an ESA65) explaining why your money has stopped, meanwhile your left scratching your head wondering why your money has stopped.

    So now you know.

    And it’s easy to see why they deliberately do that ? they are trying to force you to sign on to get money.

    What can you do ? well you need to send them a letter, and say on there that since your money has stopped after your recent assessment then you have come to the conclusion that the decision maker has found you fit for work, if that is the case then can you please reply and explain why in writing, also if you have found me fit for work then I wish you to send me the following as soon as possible : A GL24 appeal form, the decision makers score sheet, and the ESA85 assessment report.

    Meanwhile, while you wait, contact the CAB for further advice, and also since you may have to appeal then they will demand a sicknote from the date the decision maker found you work fit, make an appointment with your GP as soon as possible after you get the date and get possession of a sickline, and send the whole lot of together, appeal form, sickline the lot along with a request to be paid the assessment rate.

    Comment by dwpexamination — November 24, 2012 @ 12:14 pm

  318. Hi Matthew, a friend of mine had to phone up Job Seekers to make a new claim when she’d been on ESA and couldnt fill in JS form online. Aren’t you appealing? you are hardly fit for work if you are having to use crutches.

    Comment by LisaR — November 24, 2012 @ 3:23 pm

  319. Been just over a week since I got the phone call saying I was fit for work, and offering me an appeal. Luckily my local JC seem decent enough, as there was no mention of JSA, just how to appeal, and booking me an appointment to help me do so for the next morning.

    A week later the ESA65 came through with the real shock. 0 points. I attended the medical in the electric wheelchair I have to use when I go anywhere by bus, as I can’t walk even to the bus stop down my road, let alone further. I get high mobility DLA and middle care. I have a local authority issued Blue Badge. is made it clear in my ESA50, and in my medical, that I cannot walk 50 metres without a walking stick, significant pain, chest pain and breathlessnes, and that I cannot self propel a manual wheelchair. 0 points, including 0 for mobility. 0 points! The mind boggles at how the assessor could have put that down, whilst I was sitting there in a power chair, as if I just use it for the fun of it! That’s before we even get on to the other descriptors, including my problems with bladder and bowel continence, self-care, anxiety etc. Overall, when I go through the form, depending how harshly I judge myself, I get 83-100 points. Yet the lady from Atos gave me 0.

    Got my GL4 in the next day, with my ‘fit’ note (where my GP was very surprised to hear the result, and straight away signed me off for three months – as I need to go back for more meds then anyway).

    So frustrated! And so scared. Everybody I’ve seen, my work program job coach, the people at the Job Centre, CAB, local welfare advice charities, have all been astounded, because just to watch me for a few minutes, you can tell some of the problems I have (motor control, shakes and tremours, breathlessness, pain), and I haven’t even told them the whole situation with continence and mental health yet!

    I know I have to fight. Both to stick two fingers up at the unjust and unfair system, and because I would not be allowed to claim JSA as I’m not fit to seek work! Loosing ESA would leave me destitute and facing homelessness.

    I desperately want to work. I got ill at 19, and since then have been doing everything in my power to be able to work the 8-10 hours a week I could struggle through, at an income I could live off. I volunteer, I train, I study, I’ve even done permitted work (about 10-20 hours per MONTH). Every year or so I push myself to ‘pull myself together’ and up my hours. Three afternoons a week volunteering, and then after four weeks I crash hard and am in bed for two weeks before I can manage even leaving the house again. Yet I keep trying, because I WANT to work.

    The anxiety and stress of being told I’m a liar or a fraud, of worrying what will happen when the money stops, is making me iller. My appetite is gone, my sleep is disrupted. I feel like vomiting when I think about it.

    This weekend I need to write up what descriptors I know I meet, so I can add that to the things I’m sending in. I’m a very independent person, and I know that works against me, because I don’t have people I can go to who can say ‘she needs my help’, because I prefer to go without, to not eat, bath, go out etc, than rely on others and loose dignity. With that list, I’ll add a small statement about the awful experience of the medical. The assessor was rude, confrontational and did not listen to me. She demanded exact answers when I was trying to explain things were variable (ie ‘what time do you go to sleep?’), and took the first thing I said and shushed me, when there was more to explain to her. She even had the nerve to tell me I don’t handle my own continence needs as I ‘should’. Personally, I always thought it was somewhat my right to deal with something so personal in a way that feels comfortable and dignified. As the incidents are unpredictable, and may happen a few times in a day, or a week, or not for three weeks, I just get on with things, keep a spare pair of pants handy, and buy a lot of new undies, when needed. My partner helps with things like changing the bedding after accidents. She told me I ‘should’ use nappies, and ‘if it was really a problem’ that’s what I would be doing. She told me that she wasn’t interested in night time incontinence or bedwetting, as that’s not during work time, and refused to listen when I tried to explain that I was talking about daytime, because I spend most of my day in bed, because I am unwell.

    She had to help me on and off the bed, I was shaking with pain, and I ended up in tears because the whole experience was so awful. And after all that, she awards me 0 points?!

    Disgusting!

    We can’t let them get away with this!

    Comment by CMT — November 25, 2012 @ 2:07 am

  320. Hi know how you feel. yes we have to fight them.
    There are no polite words to discribe them.
    I even read that they sent a letter to a guy who was in a coma, even though his family informed the DWP and ATOS, and because he did not attend he was told in a letter he was considered fit to work, when I read it words failed me.
    Yes we have to fight to defeat this company, my CAB guy, said he wished ATOS would lose the contract.
    Good luck on your appeal sure you will win.

    Comment by ray — November 25, 2012 @ 2:27 am

  321. Ray.

    When that guy was in a coma, he probably woke up with the letter in his hand, and thought that’s strange what’s this ?.
    ATOS are so heartless they would send a special courier round to the hospital ward to deliver it personally.

    Comment by dwpexamination — November 25, 2012 @ 11:16 am

  322. HI
    Just a recap. I had an assessment in September and was notified a few weeks latar I was fit for work and was given ”0′ points. I have had depression for several years. I stemmed from me being bullied at the workplace by senior staff over a 2 year period. I have worked for 20 years. It got to the point were I took a week off and just had a breakdown, I went to the doctors and was signed off. ( I never went back to work!) . Since then, I have had to deal with other issues, partners loosing his job for 2 years in the recession and we struggled.. Other issues in our personnel life which are quite private. I felt that I just was given the time to recover initially because always something negative would happen and make my depression and anxiety worse. I know its not a physical issue but its hard to describe your mental wellbeing because everyday is different.

    I did what you said and requested a GL24 and made the the comment ‘I wish to appeal your decision and will make my full appeal when you send my out the ESA85. In the meantime, put me on the assessment rate’.I submitted a sicknote. I have recieved the assessment rate for several weeks now.

    Last week I recieved a phone call (call withheld) by a lady who as me before she could submit the full appeal i need to state exactly what im appealing for. I told her I do not divulge details over the phone and will make my full appeal once I receive the ESA85, I have now received another GL24 and the ESA85. Can you advise me what to do next. Do I complete another GL24 and what exactly do I now put on the form about what Im appealing for. Im abit confused.
    Many thanks

    Comment by Linda — November 29, 2012 @ 10:31 am

  323. Hello Linda.

    Now that you have received the ESA85 assessment report you can study it, take your time (Not to much time) and look and see where the HCP differs and makes you seem fit for work.
    The DWP will want to know what you believe renders you unfit work, for instance do you think you would be a danger in the work place ? either to yourself or others ?.
    Do you have bouts of uncontrollable temper or even violence, you see if they think you just have a case of the blues then that will not cut it, you need something concrete. Do you shake uncontrollably ? which would make your presence in a workplace unacceptable to other people as well as through no fault of your own rendering yourself unfit for work, how can anyone work if they are physically shaking all the time ?.
    Then there is two different types of ESA, there is the WRAG variation, and there’s the support group, which one do you think you should be in ?.

    I hope you kept a copy of the original ESA GL24 form, just copy and add what you have to say, if you haven’t copied then start the whole appeal afresh, starting with the GL24 as an introduction to the appeal and carry on to A4 paper.

    Let us know how you get on Linda ?.

    Comment by dwpexamination — November 29, 2012 @ 11:35 am

  324. HI
    You asked me earlier, what benefit i was on, I was on incapacity benefit. Im not sure what the difference with the differenct groups you talk about. You mentioned contribution ESA/Income based ESA. Also, im in receipt of the Assessment rate at the moment. What happens if i win my appeal and what happens if I fail? I know im looking ahead but I feel like im in limbo and am finding all of this very stressful to deal with.
    Many thanks.
    Linda.

    Comment by Linda — November 29, 2012 @ 3:17 pm

  325. Well if your on Contributory ESA/IB it ends after 365 days even if you win an appeal, if you are on income related ESA/IB it doesn’t.

    So now you know what happens if you win an appeal, so what happens if you lose ? well they will try and force you to sign on, but if six months have passed since you were found fit for work and you have a worsening of your condition or a new health condition you can re–apply for ESA.

    Comment by dwpexamination — November 29, 2012 @ 9:25 pm

  326. Many thanks for your advice and support. What would we do without you an the internet! x

    Comment by Linda — November 29, 2012 @ 10:15 pm

  327. Hi

    I have been receiving ESA since 2006, I had attended Atos medical examinations and each time I was passed not fit enough to work and scored over the points. This year I had another examination in July. They asked questions that were not applicable to me and silly questions such as can you pick up a cardboard box. They also didn’t examine certain parts of my body that is damaged. A few week later I receive a letter deeming me fit enough to work and that I had scored 0 points and that I ought to sign on.

    So I appealed this decision to DWP, in Glasgow and asked for the assessment rate of benefit while my appeal was being heard. They didn’t pay me, housing benefit was stopped and all the other stress with it as they wanted a medical certificate. I sent that in was valid for two months and eventually they paid me and housing benefit automatically restarted. Then again two months down the line wanted another medical certificate, problem with them is that they sent you a letter second class you receive it by say the 14th and they want a medical certificate by the 16th otherwise they stop your benefits. Its very difficult to meet the demands. I also made the mistake of sending the certificate first class, week later I phone them up and they tell me they have never received it. Back to the DRS to get a duplicate this time I get a 4 month certificate as the DR can see what stress it is causing me. The Glasgow office make it very hard to contact them, no e-mail address and a 0845 telephone number which is expensive.

    During that time, I had received hydro-therapy given to me by my hemophilia DR to help with scar tissue I have from my leg (I was attacked by a knife as a boy) required 3 major operations. So having hemophilia made it much worse as my blood doesn’t clot as quickly as a normal person. So physically my leg isn’t up to scratch. Also I suffer with depression and am taking medication. I have provided them with 6 months of medical certificates, appointments for hydro-therapy, a letter from my hemophilia DR.

    With Christmas coming up and the struggles of finical help, I decided to apply for a budget loan it was rejected as I haven’t been receiving benefit for more than 26 weeks. But I have been on my benefit for 5-6 years. I presume that because DWP stopped, started my benefit due to medical certificate, that would be why it was rejected? Am I entitled to appeal against that and would I have a valid case as I haven’t made any claims for benefit since 2006, so how can I have not been on for more than 26 weeks?

    Finally today, I hear something from them they say they have rejected my appeal due to lack of evidence (don’t know what more they want) and that it has been sent to the tribunal. I don’t know what to expect from a tribunal or if I will continue to receive my assessment benefit rate?

    Just would be thankful for any help and advice.

    Thanks in advance

    Michael

    Comment by Michael Bennett — November 30, 2012 @ 1:05 pm

  328. First thing they do with an appeal is look over all the evidence again, and any you’ve sent in within about a month of starting the appeal. Sometimes they decide that’s enough and award you ESA, but usually it goes to tribunal. You still get assessment rate whilst waiting for a normal first tribunal, but not if you get turned down at tribunal and appeal to a higher court.

    You can bring more evidence to the tribunal. Statements from people who know you, support workers, family. See if you can get representation from CAB or a welfare rights charity. The ESA descriptors have been changed several times over the last 6 years, and are getting more and more specific as case law builds up. it might be worth looking into ‘Reg 29′, which means that you shouldn’t be found fit for work as it would risk your mental or physical health – sounds like your GP would agree with that already! There are template letters out there for GPs to sign, just google for things like ‘ESA reg 29′ and they should come up.

    it’s very sneaky that they don’t inform people that appeals need a medical certificate to keep the payments coming. I wouldn’t have known, but luckily had a rare compassionate human on the phone who talked me through everything needed to appeal, and didn’t even mention JSA. The gap in benefits when they cut you off is probably what’s caused the bridging loan problem. You may want to argue the case that they lost your sick note, etc.

    Tribunals can be in person or on paper, and going in person has a better success rate. it involves a couple of people, Dr, lawyer, the blog admin can explain better, and if you’re face to face you can explain your difficulties in person and appeal to their conscience.

    Good luck with it, I’m going through the same thing, having been on incapacity Benefit, started in 2006, too! Been scored blooming 0 points, when I know it should be more like 90! *fingers crossed*

    Comment by CMT — November 30, 2012 @ 2:41 pm

  329. Michael.

    You will receive the assessment rate while you wait for the appeal hearing, but it will be paid from the date your medical certificate from your GP started, the DWP love it when you send in a certificate dated later, it means they can skin you for a couple of days of the assessment rate..
    Meanwhile contact welfare rights in India Street, Glasgow, they will represent you at the tribunal.
    Also log in to our sister site http://www.dwpexamination.org they can help as well.

    Comment by dwpexamination — November 30, 2012 @ 4:19 pm

  330. nigel
    hi i had my assessment with atos on the 1st of november and at the same time that day they stopped my income support and incapicity beniffit as i am 61 now and put me on pension creidt ,i also on the high rate of disableity and a disa car whish i have been on for years as i have had 3 heart attacks fitted with 3 stenes also i have osto arthitist and osto perros ,and now atos say i am fit for work ,i am in pain 24 hours adayon tramadol 4 times a day also heart meds which i have been on the last 3 years , i scored 0 points i am so tressed over this and do not know what to do i have to see my docter this week coming ,to see if he can give me a letter and a sick note to send with my appeal form .i know my body and i could not cop with work i can not cop even now with the pain which draines my body i most afertnnons i have to go to bed and rest i am so streesed at the moment i had to use my heart spay last night SOME ONE HELP PLEASE

    Comment by mr nigel vaughan — December 2, 2012 @ 1:26 pm

  331. Nigel.

    You can only do what your doing, which is to get a sicknote, a GL24 appeal form and appeal, make sure you ask for the assessment rate, if you don’t ask them they will give you nothing.

    Comment by dwpexamination — December 2, 2012 @ 6:49 pm

  332. thanks for your reply , at 61 we should not be going through this ihave 4 years to go whos going to give me a job , the report said i can walk 200 metres its funny as the atos building was 200 metres from car park , i can use a keyboard ,hold a pencil or pen in one hand,i can understand a simple message from a strangerand i can pick up objects sush as a EMPTY cardboard box and so on, what are these poeple on i live in a warrden control bedsit moed in after heart attacts after living on the road for six years so frighted this is going to happen again

    Comment by mr nigel vaughan — December 2, 2012 @ 10:03 pm

  333. Can you help please? I was a long way through the process of claiming housing/council tax benefit when i was told my esa had stopped. I have sent in my appeal. Council wrote and said they had been informed that i no longer recieved esa. Will they accept my claim as i will, by law, receive the assessment rate whilst waiting for for my appeal to be heard? I’m so stressed!

    Comment by Katrina Young — December 4, 2012 @ 1:37 pm

  334. Is the http://www.dwpexamination.org site having problems? I can’t get in to it, I keep getting a message saying: No data received
    Unable to load the webpage because the server sent no data.
    Here are some suggestions:
    Reload this webpage later.
    Error 324 (net::ERR_EMPTY_RESPONSE): The server closed the connection without sending any data.

    Comment by Angela — December 4, 2012 @ 3:26 pm

  335. Hello Katrina.

    This is a typical DWP trick, they did the same to me, they tell the housing dept you no longer receive ESA and the dept have to take their word for it, but there’s a way out.
    Just contact the housing dept and explain that you still receive ESA at the assessment rate because you are appealing an unfair fit for work decision and you will find your rent rebate etc will be restored.

    Comment by dwpexamination — December 4, 2012 @ 8:15 pm

  336. Thankyou so much! Can i also ask you, how long will it take them from receiving my appeal, esa85 request, sick note etc. to actually start paying the assessment rate back into my account?

    Comment by Katrina Young — December 5, 2012 @ 11:16 am

  337. Just got a letter from HM Courts & Tribunal Services
    Question is here is what option do I choose? Oral or letter hearing!!
    I’m really scared facing someone in a tribunal!!
    Also I do not have anyone to represent me!
    I’m already stressing out with all these letters/forms etc!!
    Is it quicker via oral hearing or by letter ?
    Thanks for all the advice on here !
    Don’t know what we do with out it!
    Much appreciated!

    Comment by Zubz — December 5, 2012 @ 12:10 pm

  338. Once they receive these documents, they usually pay quite quickly, I’ve found it was inside ten days.

    Comment by dwpexamination — December 5, 2012 @ 1:18 pm

  339. Hello Zubz.

    A personal appearance at a tribunal to answer their questions has a much higher success rate of winning.

    Always go to an oral hearing to increase your chances, according to the statistics.

    Comment by dwpexamination — December 5, 2012 @ 1:23 pm

  340. Once again, thankyou so much for your help, what on earth would we do without you?!!

    Comment by Katrina Young — December 5, 2012 @ 2:13 pm

  341. Thanks for the prompt response!!
    I’ve just asked my Doctor to write a supporting letter for the hearing! Guess how much he charged me for it? Well the receptionist did any way! £30!!
    Plus about 10 days for me to receive it!!

    Comment by Zubz — December 5, 2012 @ 2:17 pm

  342. hi, thanks for previous advice on this forum. I dont think i can take this much longer, it feels personal how i am being treated. I sent of my appeal last week and recieved letter saying its gone thru. i included medical notes and sick bnote to cover from the day theyve stopped my benefits. Ive used 2 crisis loans from october 25th, the date they stopped payments. i’ve rang 4 times today on my house phone trying to see if my notes had been recieved, apparently its on the system. iv been told id get a call back before half 4 i havent recieved ands been waiting all day. iv just been on hold for 5 mins and got nowhere. My bills are going up just trying to sort this. I have no gas no food, my anxiety levels are sky high and my blood cells is low. i havent eaten a proper meal since weekend. Walked to cashpoint to see if i have anything there is nothing. Why am i being treated like this? Ive done all procedures and my gp, counsellor and cab is backing me up as they know my conditions makes me unfit for work. I cant go another day without food or gas its too cold, dont know what to do. My appeal info is all in, i will be adding more, but i dont know why im going thru this when i shouldnt be in this position in the first place. is there anyway i can get my assesment rate today? i will have to keep on trying to ring. I wont let them get to me but il be honest im worn down now, i just want a bath, wash clothes eat food etc and i cant. Can i get my assesment rate today?

    Thanks

    Comment by jay — December 5, 2012 @ 3:31 pm

  343. Mines was £150, courtesy of the British taxpayer.

    Comment by dwpexamination — December 5, 2012 @ 4:07 pm

  344. Jay.

    It’s all done deliberately to wear you down, I once waited nearly four months for the assessment rate.
    But since the works and pensions committee challenged the DWP with a straight question of why people need to wait for the assessment rate ?, the DWP panicked, they knew what they were doing was wrong, and conceded they could do better, but their better isn’t that much of an improvement, but a week to two weeks is normal now once they have received the appeal and the sicknote.

    Comment by dwpexamination — December 5, 2012 @ 4:14 pm

  345. thanks for your reply and info dwpexamination, i did get thru and was told i was going to get called backed in a hour as priority. No call made. I will call tommorrow and make complaint.

    thanks again without your help im sure alot of us would be in the dark

    Comment by jay — December 5, 2012 @ 5:25 pm

  346. if you lose an appeal been waiting since june after scoring 6 pts does disibility living allowence come into it

    Comment by Anonymous — December 10, 2012 @ 1:26 pm

  347. You only lose what your appealing against, but you’ll probably (But not always) find the DWP will use that lose to deny other benefits.
    And so you will have to appeal again, for instance if say you lost an appeal for ESA then the DWP will insist that you are not entitled to DLA on the strength of the ESA assessment, that doesn’t mean the DWP will be successful and persuade another appeal panel, it just means more hassle for us.

    Comment by dwpexamination — December 10, 2012 @ 4:16 pm

  348. Hi I have been on income support n incapacity benefit for a long time due to my disability but the dwp sent me to atos for a medical to put me over to esa I went it was a joke about an hour wait I went in was in about 15 min then done I called dwp n ask for a copy of the report the women said will be with me in 2days well 4weeks on never come ? But I got my letter telling me I got 0 points Evan tho I have hip dysplaia n can’t walk much at all I take a few tablets for the pain but they make me sleepy n dizzy but still 0 points ? There a few things on the form whst they sent me what I dint Evan say to the atos doc ? I have wrote a letter to the dwp n sent it recored del so I know they have it , is this the rite thing to do ? And can any one tell me what else to do plz ? Do I need a gl24 form as well ? Thanks for all the help

    Comment by Lee — December 11, 2012 @ 6:02 pm

  349. Hello Lee.

    Your experience with ATOS and the DWP is entirely normal, the whole point of their meanness is to force you to appeal against their decision to find you fit for work.
    So then that’s what to do, write them a letter and state that you wish to appeal against their decision to find you fit for work and therefore in order to do this could you please send me a GL24 appeal form as well as the ESA85 assessment report.
    When you receive the GL24 form you will see a small box to compose your appeal so just use that as an introduction and make sure you add any extra on to A4 paper, and also make sure you attache a sicknote and request the assessment rate while you wait for the appeal to be heard.

    Comment by dwpexamination — December 11, 2012 @ 7:22 pm

  350. Hi thanks for getting back to me I already sent a hand wrote letter to them as I was not sure what to do is this ok ?

    Comment by Lee — December 11, 2012 @ 7:39 pm

  351. And I do have an esa85 already it was with the letter ?

    Comment by Lee — December 11, 2012 @ 7:48 pm

  352. And I don’t send sick notes any more not done that for years now ?

    Comment by Lee — December 11, 2012 @ 7:51 pm

  353. Hello Lee.

    Forget what you haven’t done for years now, that’s all over, if you want to be paid the assessment rate you will need to send them a sicknote if you are appealing, of course the alternative is to sign on for work where a sicknote is not needed, the choice is yours.
    So you have the ESA85 ? then you can compose the appeal, and mention that you would like to be paid the assessment rate and in order to comply with the law please find one sicknote attached.
    If you don’t send them a sicknote and mention you would like to be paid the assessment rate they will pay you nothing and mention nothing about a sicknote.
    If you appeal and just ask to be paid the assessment rate without sending them a sicknote you will waste time getting paid, because they will drag out the time in a meaningless reconsideration and then tell you six weeks later that you have to send them a sicknote in order to be paid the assessment rate.
    Take advantage of my experience, I’ve already done the breaking to save you the aching..!!

    Comment by dwpexamination — December 11, 2012 @ 11:11 pm

  354. Ok thank u so much

    Comment by Lee — December 11, 2012 @ 11:36 pm

  355. Hi
    My mom claimed esa but failed to attend medical due to illness, she then received a p45. This was the first she knew of being taken off benefit. She has appealed and it has been nearly 5 months without money and she’s really struggling. They kept saying she would not get any payments untill attending medical. She had a medical over a month ago and still no payment. Everytime she calls they keep saying no decision yet and that they are done in date order, which we know isn’t true as I had a medical a week after her and received my decision 2 weeks ago.
    What can she do, surley the law does not allow someone to go so long without cash.

    Comment by charlotte — December 16, 2012 @ 10:50 am

  356. Hello Charlotte.

    She can apply for a crisis loan.
    Don’t tell me she is appealing without help ? a visit to the CAB or the local welfare rights would be in her own best interests, not getting professional help is a green light to the DWP to mess her around, and these criminal scum will mess her around with no mercy, so get help immediately.

    Comment by dwpexamination — December 16, 2012 @ 12:18 pm

  357. I’m ready to take up arms and fight and I will happily lay down my life for all these people here if it will help them….

    Comment by Dna — December 17, 2012 @ 5:10 pm

  358. Just received word that my esa is being reinstated whilst i wait for a hearing. I had requested an ESA85 but it wasnt included in the letter. Do i request it again?….Will they send it?
    Many thanks!

    Comment by Katrina young — December 18, 2012 @ 2:01 pm

  359. Hello Katrina.

    You can wait a few days and if it doesn’t arrive then you can send them a reminder.

    Comment by dwpexamination — December 18, 2012 @ 5:32 pm

  360. I’ll do that, thankyou so much and have a merry christmas!

    Comment by Katrina — December 19, 2012 @ 11:12 am

  361. Merry Xmas to all and sundry..!!

    Comment by dwpexamination — December 19, 2012 @ 3:19 pm

  362. Just received a letter from DWP asking for any further information with a view to possibly revising the decision in my favour without the need for my appeal to go to a tribunal. I suffer anxiety, stress and depression to the extent that i despise my life and would end it tomorrow if not for my adult children. I started an assessment phase of counselling six weeks ago and will shortly be forwarded to the therapy best suited to my needs. It takes a massive effort to attend these appointments as i find i feel physically sick being amongst people and just feel so scared. I start to feel stressed in the days before and I perspire excessively and tremble in the hours leading up to the appointment. My overall condition is worsening due to the worry of receiving these letters. What do i do now, do i get letters from my counsellor or doctor or do i just tell the dwp all of this myself at this stage? I feel so low and often i just cant think straight. I would appreciate if you could guide me as to what my next move should be.

    many thanks

    Comment by Katrina — December 27, 2012 @ 4:51 pm

  363. Hello Katrina.

    It’s a standard letter from the DWP asking if you have any extra evidence before they reconsider.

    If you have any extra evidence then send it on to them, make sure it’s copies though, never send the DWP originals.
    And you will probably find by return letter that they have reconsidered and your appeal has failed.

    That return letter saying your appeal has failed is a con, what they deliberately don’t tell you is they have supposedly reconsidered and it’s not in your favour, it’s worded to give the impression that your appeal was heard by an appeal panel and disallowed.

    It wasn’t even re-considered at all, just put to the bottom of the pile until the relevant decision maker decides it’s time to send you the bad news.

    If you get this type of letter then don’t worry, it’s just standard practice by the Department of witches and pickpockets, you just send a simple letter back saying ”Thank you for your reconsideration, I still wish my appeal is forwarded to the appeal service for an oral hearing etc.

    So you see Katrina, this is what we are up against, criminals and charlatans, cheats and scumbags who will try any trick, pull any stunt to deny you your rights and improve their own figures.

    Comment by dwpexamination — December 27, 2012 @ 5:17 pm

  364. Thankyou so much! I will contact my counsellor and doctor and get copies of reports sent off to them asap. This site is invaluable, so many of us would have given up at the first hurdle. Its really awful what genuine people are up against.

    Comment by Katrina — December 27, 2012 @ 5:47 pm

  365. Hi I sent my gl24 with my sick note but I still not heard any thing from them ? But my nite runs out soon do I need to get a new one ? Thanks

    Comment by Lee — January 5, 2013 @ 1:23 pm

  366. Note *

    Comment by Lee — January 5, 2013 @ 1:24 pm

  367. Hi Lee.

    You only need to send a sicknote when your present one expires, they usually inform you with a week to spare but sometimes they don’t, so make sure you check the dates yourself, do not rely on the DWP to inform you.

    Comment by dwpexamination — January 5, 2013 @ 2:23 pm

  368. what really gets to me is that there nurses who assess you and arent even doctors so what gives them the power to over rule G.P they sit it there in a chair asking questions off a computer screen anyone could do that but its gets me so mad that i didnt even score 1 piont so that tells me theres sumthing thats going on and its not right ive suffered with really bad anxiety and depression since i ws about 19 im now 29 ive allways worked but allways fall really ill and have to give up my job ive been on and off ssri medication since 19 and now am awaiting cbt talk about make my anxiety worse but i guess they dont care as long as its saving the corrupt goverment money well i guess its gonna be a long appeal id like to say thankyou to all the people on this website who have commented its really opened my eyes to hat the goverments really like for them its all about saving money not looking after the people who are entitled to certain benifits i just hete the people who look down on people who are on benifits some people need them just because there fit and healthy id trade with them to be healthy anyday the think everyone is on the fiddle but thats not the case yes i agree there are people who are scamming it but they allways seem to dis allow the people who actually are genuine i could go on all day but its not good for my anxiety once again power to the people who actually need the help.

    Comment by craig — January 5, 2013 @ 2:43 pm

  369. Hi thanks a lot it runs out on the 13th they have not told me anything so I will get a new one on Monday , do I just send it to the same place as I sent the gl24 ? And do I put some sort of letter in with it ? Thanks for all the help

    Comment by Lee — January 5, 2013 @ 4:13 pm

  370. Hi Craig…The Scottish Daily record have exposed the Tory lies in their latest article.

    http://www.dailyrecord.co.uk/news/politics/tuc-welfare-poll-exposes-how-1519383

    Comment by dwpexamination — January 5, 2013 @ 8:07 pm

  371. Hello Lee.

    Yes the DWP department who deal with your case, and just a brief letter saying you received their reminder and thanks for the pre-paid envelope etc.

    Comment by dwpexamination — January 5, 2013 @ 8:12 pm

  372. hi dwpexamination (update)
    I had my esa stopped 1st sept 2012 (reinstated 4 week later) as i (with your guidance ) put in an appeal.
    As yet i still havent heard anything & i still havent recieved my esa85 which ive phoned about a few times
    Do i just wait for them to contact me or should i write to them asking them to forward my e.s.a 85 a.s.a.p
    Thank-you dwpexamination your help in this matter would be greatly appreciated

    Comment by caroline — January 7, 2013 @ 12:25 pm

  373. Hi Caroline.

    Send them another letter and remind them that you have appealed and haven’t received the ESA85 yet.
    And therefore could you please forward my ESA85 because I wish to see what ATOS have written about me, and how you can possibly come to the conclusion I was fit for work.

    Comment by dwpexamination — January 7, 2013 @ 5:15 pm

  374. Hi I’m confused, I’m making an appeal to the upper tribunal and have read that the decision will be made on the evidence presented, at the time. Is that evidence at the time to DWP DM that stopped my esa benefit or first tier tribunal?

    Comment by lee — January 10, 2013 @ 3:03 pm

  375. Lee…Evidence presented at the time -DATE – the DWP decision maker – claimed – and informed you that you were fit for work.
    And not the date you were assessed by ATOS.

    Comment by dwpexamination — January 10, 2013 @ 4:30 pm

  376. Hi, it’s Lee again thanks for your reply – I’m less confused (ref: 374/5), thank you for your reply.
    The DWP DM says he had no evidence of illness at the time of the ATOS medical appointment – no Cert. to cover non-attendance

    my appeal is on the basis that:
    1. the Notification given me maybe what is required by law, but was never-the-less not enough in this case. I am ill, but could not get a Cert. prior to the appointment – It taking me 3+ weeks to get a doctors appointment at my clinic (post-code lottery?!?).
    2. When I did get a Cert. it was ‘current’ during the first tier tribunal hearing- so they had evidence (at least) of ON-GOING illness & continuing medication, also a recommendation for home visits in the future.

    I’m wondering, will/should the first-tier tribunal decision take account of this, or only what was apparent at the time the DWP decision was made?

    Comment by lee — January 11, 2013 @ 2:51 pm

  377. If they had evidence of an ongoing illness then that’s that.
    But Lee, I hope you are not appealing to the second tier on your own ? you can only appeal on a point of law to the second tier, if your on your own then get help from the CAB or welfare rights and get it checked before you send it off.

    Comment by dwpexamination — January 11, 2013 @ 5:09 pm

  378. Hi great site v helpful
    im apealing 0 points atos
    was told on phone dwp
    that i wont get any money while waiting for apeal and they told me to apply for a crisis loan
    !!!!
    Is this a new rule to destitute
    the already destitute?
    what a sad un”CIVIL”service

    Comment by joe — January 15, 2013 @ 3:17 pm

  379. Joe…You will get the assessment rate while you wait for the appeal to be heard, it’s the same money as Job seekers allowance, you need to ask them to pay you it though because they don’t tell us..!!.

    Comment by dwpexamination — January 15, 2013 @ 3:19 pm

  380. Hi its joe again. thanks for the reply
    yes i made to phone calls to the dwp
    two different operators
    a costly £8 phone bill
    (no choice but to use mobile)
    i see what your saying you have to specifically be in
    the “know” to ask for the assessment rate
    to be paid
    il put it in recored letter
    thanks

    Comment by joe — January 15, 2013 @ 3:45 pm

  381. They will tell you nothing Joe, you need to find out everything for yourself..!!

    Comment by dwpexamination — January 15, 2013 @ 11:35 pm

  382. It’s quite comforting to read about others in the same boat as myself, but also frightening at how badly ATOS is assessing people.
    I have been quite ill with labyrinthitis since Aug 2012 and have been suffering with awful vertigo ever since. I went my medical interview and recieved zero points, though the lady interviewing me seemed to be aware that i was very ill and barely able to function due to extreme dizziness, and i had a sick note from my gp, i was still told i was fit for work. Obviously I appealed their decision as i could barely attend an interview for work right now. I appealed back in Oct 2012 and recieved esa. Yesterday i recieved a letter from dwp saying they still think i am fit for eork (though i recently sent them another doctor’s note covering me till 9th March this year) and that the decision will now go to the independent appeal tribunal, they say they will be in touch again shortly. I’m amazed that my gp has been completely ignored in their decision, do they ignore all sicknotes stating that you’re unfit for work right now? What should I expect from them now and is there anything else I can do do help my appeal besides give them my gp’s sicknote? If I don’t win my appeal, I do not know how they expect me to able to claim JSA when I am clearly unfit for work right now. This whole thing is very stressful and I feel like none of this was needed, do our gp’s opinions count for nothing now?

    Comment by Heather — January 16, 2013 @ 10:39 am

  383. Hello Heather.

    The Gps notes are just a formality, the DWP don’t even look to see what it says, but by law in order to be paid the assessment rate you need to keep sending them in when they expire.
    You can help your appeal further if you get some kind of written report from your GP or consultant outlining your health problems, you should also contact welfare rights or the local CAB and ask them if they can represent you at your forthcoming tribunal hearing.
    Other than that it’s a waiting game until you get the date of your tribunal hearing.

    Comment by dwpexamination — January 16, 2013 @ 4:32 pm

  384. Thank you very much for getting back to me, i’ll get straight on to my gp and local CAB tomorrow about it all. Thanks again!

    Comment by Heather — January 16, 2013 @ 5:36 pm

  385. Good luck Heather, if the CAB are to busy to help then try the local welfare rights office..!!

    Comment by dwpexamination — January 16, 2013 @ 9:27 pm

  386. hi I am writing on behalf of a friend I went with her to the so called medical on 19th December. Still no decision letter has been sent but I did request a copy of the report and she has 12 points. from what I have read on here and other sites I believe this means she will be found fit for work. Is that the case? Does any one now how long after “medical” the decision is arrived at?
    In preparation for an appeal she has got a sick note and I got an appeal form and I have printed out a covering letter.
    I am very worried about her as she has mental health difficulties and this is making her very unstable.She lives alone and is very isolated due to her mental state
    Do I have to notify the council re housing benefit/ct.
    I am sorry so many question, Thankyou so much for your helpfull site
    Eliza

    Comment by eliza — January 17, 2013 @ 11:55 am

  387. Hello eliza.

    Yes she will be found fit for work if she has only 12 points because a minimum of 15 are needed.

    It can take any amount of time before they get round to informing her by letter, in the meantime you can write a letter to the housing but don’t post it just yet, wait for the letter informing her that her benefit has stopped then send the letter to the housing, which will say that she is appealing against a DWP decision which found her fit for work, have applied for the assessment rate while waiting for the appeal to be heard, and therefore still on benefits.

    You can send the appeal as soon as you want now (You have a month though) because the DWP have informed her she has only accrued 12 points, and even though they haven’t sent the official letter that she isn’t due ESA then since you know what 12 points means then you wish to appeal etc.
    Let’s see what the reply is, they might say they did send a letter notifying her etc.
    Anyway on the appeal make sure you mention that she would like to be paid the assessment rate while she waits for the appeal to be heard, and don’t forget to attache the sickline.

    Comment by dwpexamination — January 17, 2013 @ 3:57 pm

  388. Hello i have been on a similar site to this one a few days ago i am Adrian who has a assesment on tuesday 22nd….my situation is ;i live in rented house which i get housing benifit and my dla helps with the rest as it is 700 per month…and yes i am concerned……but am i right in thinking even if i was found t obe fit for work { NOT} i am still unemployed and would get housing benifit and would it afeect my DLA payments………..looking ahead i would have to be housed somewhere else by the council?????/ so worring yes…..any thoughts please,, regards ADRIAN.

    Comment by Anonymous — January 18, 2013 @ 8:58 pm

  389. Hello Anonymous.

    If you were found fit for work and you signed on for Job seekers then you would get your rent rebate as well as Job seekers allowance.
    It’s not supposed to affect your DLA but ATOS have a separate assessment for that, well they’re supposed to have a separate test but we have found they sometimes use the ESA assessment to deny us DLA benfits as well.

    Comment by dwpexamination — January 19, 2013 @ 1:58 am

  390. I’ve just become another victim of ATOS, was interview last time and the dr seemed very understanding of my problems and I was put in the support group, one year on a different dr rushed interview with no questions on how my illness really affects me and nothing has changed and I am told I don’t even qualify for ESA, although I have a long term mental health condition which I take meds for which will never not be there but am in the stage of ‘recovery’ . Trouble is if I went to job centre tomorrow and was lucky enough to get a job, past history has shown I will relapse under too mucbvpressure. I’ve been doing some form of permitted work most of the time since claiming ESA, that’s either voluntary or 2 hours paid work, and finding that is enough for me to cope with to keep my mood reasonably balanced. The news of this from dwp has certainly shaken me up and I was fearful that I would go into a full blow manic episode. I was at the general Hosp day after I got the news as I had a pre op assessment, and my blood pressure was sky high , the nurse told me to go to Gp next day and I broke down that evening as it had all become to much. I told go what had happened and he’s now monitoring my bp and mood. I’ve had meds increased to ensure I sleep as lack of this is one factor of many that will trigger a relapse, somewhere where I do not want to go. Now it leaves me feeling numb, buy k know I have to slowly get on with life and doing what I do, and face dragging up a lot of old stuff which you really just want to forget about. It makes you feel like I’ve done something wrong and having to explain what for me is such accordingly and traumatic thing to have to explain. I understand why the system has to be changed and monitored but are ATOS and dwp really realise the impact this type of assessments are having on undivuals, particularly the psychological impact which is further damaging the genuine people who need ESA support. My ESA is spent on things to keep me well, transport to get to various places, my support group, appointments, etc. My medication prescriptions, dentist, gym where I was referred inially via Gp but this is not free, and the ever increasing living costs. Some people whose benefit may be cut, may cut their medication or other health expenses and then this reflects in a downfall in their condition, some needing additional medical services and even hospitalisation, others it could lead to crime which may involve drugs . I could go on! Ranting is not good for my health!

    In my opinion the whole assessment system via ATOS is flawed, and geared to getting their figures up to who they can back into fit for work within three months. When I do get an appeal through I hope I will be seeing the psychiatrist working for dwp as I think it may have to be a long appointment, unless I am timed out like you get at the Gp now after ten mins or less! I think the word being in recovery of a mental health condition like bipolar disorder is a little confusing for some, I prefer to say coping with bipolar, it never goes away!

    Comment by Linda stoneman — January 24, 2013 @ 8:23 am

  391. Hello Linda.

    Your last paragraph explains what they are up to, getting their figures up and kid the rest of the country they are doing something by supposedly helping people back in to work, but you and I know better, we know it’s all a scam.

    But we do have that way out which is to appeal, if you haven’t already done so then get started and don’t forget to supply the DWP with a medical certificate and also ask them for the assessment rate while you wait for the appeal to be heard.

    Also contact an organisation called MIND if you haven’t already done so, some of our readers on this Blog and our sister site http://www.dwpexamination.org have had great help from them.

    Comment by dwpexamination — January 24, 2013 @ 9:44 am

  392. Since suffering a stroke in 2009 i was admitted to Hospital for three months suffering further complications , I am registered Diabled at the higher rate and am unabled to walk further than 20 metres due to foot drop, I also suffered paralysis of the left Vocal chords and lose control of my voice when stressed. I attended an Atos Centre and was given a clean bill of health and duly notifid by the DWP that I was not entitled to ESA. I booked an appointment with the local job centre and the assistant took one look at me and told me to appeal, giving me the form Gl24, I appeald and three months later recieved the same letter from the DWP about the ESA. I phoned the Job centre plus and was put on hold for 25 minutes and finally was told my file was not available and they would phone me back the next day between 11 and 6 this never happened. The morning after i rephoned and was put on hold again for 20 mins and finally got through and was told my appeal had failed, I asked what were the options and was given three !. claim jobseekers and appeal 2. claim jobseekers 3. claim for another illnessI was warned that if i appealed I would lose my payments. I have appealed again and arranged an interview for Job seekers I will be interested to find what job they have for me. I also find it strange that when i wish to speak about my Benefits I am given a 0845 number but when looking for a job advice I am given an 0800 one. I am aged 59 and untill my stroke have worked since I was sixteen
    Alant

    Comment by Alan Timcke — January 24, 2013 @ 10:33 am

  393. Hello Alan.

    Why are you signing on for job seekers Allan ? are you saying that with your health problems your fit for work ?.
    Because when you sign on that’s the message they are getting, there’s no need to sign on you know, you can get the assessment rate instead – because you are appealing – and backdated to the date the decision maker informed you that you are fit for work.

    And why are you asking the DWP for advice on what to do next, Allan I’m not being funny BUT ARE YOU DAFT ?.

    Let me explain something, when you appealed against the DWPs decision that you were work fit – which by law you are entitled to do – the DWP reconsider your appeal first before they send it to the appeal service.

    At least they are supposed to send it to the appeal service, but that’s not what they do first, what they do first is send you a letter saying we have reconsidered and you are still fit for work, in other words they are implying that your appeal has been heard and disallowed, of course this leads to panic, and the first thing we do is ask what we can do for money, by law they should tell you that you should appeal and claim the assessment rate if you are not happy with their decision, but they tell you to sign on instead.

    I hope your getting the message by now Allan, because if you don’t get with it and switched on the DWP are going to chew you up and spit you out, they might not even bother to spit you out they might just swallow you whole instead, they love people like you – and I mean no offense, because I’m trying to help you here – they absolutely love people who either don’t know their rights or can’t be bothered their arse to learn them.

    So that’s what to do next, go to our sister site http://www.dwpexamination.org and start learning them, because the DWP wont give you a book of instructions on how to protect yourself.

    And don’t forget to inform the DWP that you have received their letter on such and such a date that they have reconsidered and still wish your appeal to be forwarded to the appeal service, please pay me the assessment rate while I wait for the appeal to be heard, and also please find one medical certificate attached.

    Meanwhile the ATOS problem is being debated so there’s hope we can get rid of them.

    http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=newssearch&cd=1&cad=rja&ved=0CC0QqQIoADAA&url=http%3A%2F%2Fwww.newstatesman.com%2Fpolitics%2F2013%2F01%2Fshadow-state-atos-and-work-capability-assessment&ei=3hsBUc6DJ5OAhQeR-IDADw&usg=AFQjCNHpcMEPPKAf5crqjqOCyShpthbTYw&bvm=bv.41248874,d.ZG4

    Comment by dwpexamination — January 24, 2013 @ 11:25 am

  394. Hi, great site, Thankyou for all the helpful advice.
    I had a wca in October and was found fit for work. I suffer from anxiety, depression, panic attacks and increasingly blackouts which cause me to collapse.

    After my assessment I continued to recieve ESA until the 6th December and then recieved a letter on the 12th december telling me I was no longer entitled to ESA from the 21st November. Confusing already as I had been paid up to 6th December.

    Anyway I thought this was nice that they should wait 2 weeks before Christmas to stop my money, knowing the difficulty and complications of getting doctors appointments, post, job centre opening times, etc. So i found this site.
    I put in an appeal requesting an ESA 85, advising them that a full appeal would follow once I had seen the B.S the massively under qualified atos nurse had put in her assessment.

    So after waiting 4 weeks with no response and no money I managed to get to the job centre where i was given a free phone number for a crises loan.
    Rang the crises loan people and was put on hold while the man who was dealing with me apprently rang someone in another department to find out why I hadnt been paid the assessment rate. He came back to me saying that a back dated rapid payment would be made before 5pm that day (friday) and did I still want to apply for a crisis loan. Naturally I said no as I had been assured that money would go in that afternoon.
    Great a modicum of relief.
    WRONG!!!
    No money and a weekend of not eating.

    Went to the jobcentre on Monday using more of my medication than I’m supposed to just to cope with the stress and explained my situation, told to ring another number. When after an hour I got through i was told that my claim was closed because the appeal was not recieved in time.
    B.S and i had proof that the appeal forms had been faxed from the jobcentre on 28th December 7 days before the appeal time elapsed.
    I was now on the verge of tears and was told there was nothing they could do, so I told them I was not leaving until I had spoken to somebody face to face and was not going round in circles ringing phone numbers all day.
    Please not here that the man from crisis loans could not possibly have spoken to anyone dealing with my claim because he would have been told that my claim was closed. He flat out LIED to me.

    I eventually got to talk to somone at the jobcentre and a back dated payment was paid at the assessment rate the following day.

    I received a letter today telling me they were PLEASED to inform me that I was entitled to ESA and would receive £71 a week. There was no mention of this being the assesment rate and is almost half what I was receiving before, and still no ESA85.

    I am now so confused I think I’m going mad, have I won the appeal and this is the amount I will now receive? Is this the assesment rate? Will my appeal still be forwarded to the tribunal?

    I am at my wits end and feel like giving up, the stress of this has set me back years, please help?
    It is also taking weeks to get an appointment at the CAB, my housing benifit has been stopped and i find it very hard to leave the house on a good day.
    Many thanks in advance,

    Ben

    Comment by Ben — January 25, 2013 @ 1:39 pm

  395. Hello Ben.

    You have found out from personal experience that the DWP are nothing but dirty stinking liars, and I can relate to how you feel, the frustration of it all having to deal with these morons,
    I can tell you that I waited for the assessment rate for nearly four months a couple of years ago because of these incompetent fools.

    So why are the DWP not telling you that you are entitled to the assessment rate ? because that’s what the assessment rate is £71 a week paid fortnightly usually.

    Well the answers very simple Ben, the DWP never ever admit they are wrong, and they never ever apologise for their mistakes, so Ben now you know the real reason.

    Well, send them a letter, and state that you have forwarded the appeal well within the monthly guideline, and entitled to ESA, you have received a letter from their office saying I’ve to receive £71 a week, can you confirm if that is the assessment rate because you have not made it clear to me.

    I think if you don’t get it in writing then the DWP can say to you in the future that they did not grant you the assessment rate, where does it say that Sir, no no you have got us all wrong Sir that was Job seekers allowance and so on.

    They do mess people around like that because they are a bunch of bastards, so Ben get everything from these muppets in writing.

    Comment by dwpexamination — January 25, 2013 @ 3:34 pm

  396. Hi,
    Thankyou so much for the quick reply, its just nice to know that I’m not going mad and it isnt just me.
    It’s disgusting that they denied you assessment rate for four months.

    Something I just thought I would mention is I noticed a couple of months ago when I was at my jobcentre when this first started that all the staff had changed. I had a wca about 2 years ago and failed or passed, I’m not sure which is which, and had to appeal, and the staff couldn’t have been more helpful and I got to know some of the staff as well as you can in these situations. My claim was re-assessed and I had my ESA reinstated realatively quickly.
    Anyhow as I said above the staff at the jobcentre now are conpletely new, I don’t mean a few new faces, I mean everybody the whole staff. Does this seem slightly unusual? It is probably around 30 staff, has there been a cull of staff members who were seen as too sympathetic? Or have they had a wholesale re-shuffle? Maybe swapping a nearby jobcentre staff with another knowing that these benefit cuts were really starting to bite and therefore avoid the complications of a more sympathetic staff who may have formed some kind of interpersonal relationships with jobcentre users.

    Am I being paranoid? Has anyone else had this experience?

    Many thanks again,

    Ben.

    Comment by Ben — January 25, 2013 @ 4:58 pm

  397. Hi Ben.

    I’ve never heard of that before, all the staff in a job centre changed ? yes it is unusual, if anyone else has noticed this please let us know.

    Comment by dwpexamination — January 25, 2013 @ 10:07 pm

  398. Hi I’m Appealing at the mo for esa but I just wanted to know is it right that you don’t get cold weather payments ? Many thanks

    Comment by Lee — January 26, 2013 @ 1:36 pm

  399. Hello Lee.

    When I have appealed they didn’t give me a cold weather payment, but you can ask the members on our sister site, it was discussed on the General discussions page. http://www.dwpexamination.org

    Comment by dwpexamination — January 26, 2013 @ 2:27 pm

  400. HI – I WAS ASSESSED BY A PATHETIC INDIAN DOCTOR WHEN I ATTENDED THE ATOS ASSESSMENT.. THE QUESTIONS WERE COMICAL/TRIVIAL… SUCH AS “CAN YOU WALK UPSTAIRS?”…”CAN YOU BOIL A KETTLE?”…”DO YOU WASH YOURSELF WITH NO PROBLEMS?”… NOTHING RELATED TO MY MEDICAL CONDITION WHATSOEVER, AND I CAN IMAGINE THAT UNLESS YOU ARE WHEELCHAIR/BED BOUND THEN YOU SCORE ZERO POINTS.. I SCORED 0 POINTS AND I AM EPILEPTIC WITH SEIZURE RISK DUE TO FATIGUE.. I STOPPED WORKING MY LAST JOB BECAUSE I DIDNT WANT TO SUFFER MORE SEIZURES (AND SINCE NOT WORKING I HAVE HAD NO SEIZURES…) ANYWAY.. I HAVE LOST THE APPEAL ALSO, AND AT LEAST I MADE A FEW BUCKS OFF THEM WHILST THE APPEAL WAS BEING PROCESSED.. I WILL BE RETURNING TO BOTHER MY LOCAL JOBCENTRE FOR LIVING EXPENSES VIA JOBSEEKERS PLUS, DESPITE THE LAST FEW MONTHS BEING SIGNED OFF BY MY DOCTOR – I HAVE NO CHOICE..!
    ..BUT REALLY? HOW CAN THIS SYSTEM BE LEGAL?? SURELY IT BREACHES SOME EUROPEAN LAWS..!?! THIS GOVERNMENT IS SCANDELOUS, PASSING THE CORRUPTED 2012 ACT..!!
    IF I HAD A GUN, NO JOKE I WOULD TRAVEL TO LONDON AND WAIT FOR AN OPPORTUNITY TO KILL THE CHANCELLOR (NO LIE! AND THIS IS LIKELY TO HAPPEN SOMETIME BY SOMEBODY MORE CRAZED AND MENTALLY FIZZED THAN I AM AT PRESENT.)

    Comment by anon3453 — January 28, 2013 @ 1:44 am

  401. I WILL NEVER BE TAKING ANY JOB THAT THE JOBCENTRE OFFER ME.. ITS TIME TO START REVISING MY “BOOK OF LIES” TO TAKE WITH ME TO THE JC+ EVERY TWO WEEKS.. BUT THE THING IS.. I CAN DO THIS BECAUSE I AM ILL.. BUT NOT DISABLED ENOUGH TO SATISFY THEM… WHAT DO PEOPLE IN A WORSE CONDITION DO?!?!?!?! …ONE DAY I WILL FIND THE RIGHT JOB FOR ME, NOT THE RIGHT JOB FOR THEM..!!!

    Comment by anon3453 — January 28, 2013 @ 2:04 am

  402. THEYRE SYSTEM IS TOTALLY EFFING FLAWED ISNT IT… JOBSEEKERS END UP ON E.S.A AND THEN NEARLY EVERY E.S.A ENDS UP REJECTED = PUT BACK ON JOBSEEKERS (WHILST UNFIT FOR WORK).. THIS ISSUE SHOULD BE PROTESTED AGAINST HARD!!! ..IF I HAD NOTHING TO LOSE, SUICIDAL ETC. I WOULD TAKE THE CHANCELLOR OUT WITH ME…………………………………………

    Comment by anon3453 — January 28, 2013 @ 2:07 am

  403. Agree the system is useless, also the one that need killing is IDS as well useless prat he is.

    Comment by ray — January 28, 2013 @ 2:11 am

  404. Don`t know if you all know this, but you can ask for your assessment to be video recorded, and give to you, do not let them take it away sign for it and take it, repeat do not let them take it away afterwards.
    Only found this out recently, too late for me but hopefully it will help others.
    My appeal is set for 26th feb

    Comment by ray — January 28, 2013 @ 2:40 am

  405. ..HMM..I.D.S (IAN D-HEAD SMITH) ASWELL.. BUT REMEMBER THE CHANCELLOR OVERSEES AND SIGNS THE BUDGET, WHICH HE CHOKES OFF BENEFITS FUNDING… I’D LOVE TO SPRAY THEM ALL DEAD AS THEY WALK FROM THE HOUSES OF PARLIAMENT TO THE PUB/HOME!! IT WILL HAPPEN ONE DAY.. I HOPE THIS COMMENT GIVES PEOPLE ‘IDEAS’….

    Comment by anon3453 — January 28, 2013 @ 2:57 am

  406. …THEY SHOT LENNON.. SO WHY NOT SHOOT OSBOURNE??? IT WOULD BE WORTH IT.. A GREAT WAY TO GO OUT.. THE HEADLINE – “WORKING CLASS HERO KILLS CHANCELLOR IN GUN ATTACK OUTSIDE WESTMINISTER BEFORE GUNMAN TURNS ON HIMSELF”

    Comment by anon3453 — January 28, 2013 @ 3:09 am

  407. Hello Anon 3453.

    You don’t need to sign on for job seekers, you can re-apply for ESA which is the same money as JSA anyway, see the CAB or welfare rights for help in whether you are eligible, has six months passed since you were found fit for work ? and has your health condition worsened ? if so then you can re-apply for Employment and support allowance.

    Comment by dwpexamination — January 28, 2013 @ 10:01 am

  408. NO I HAVE NOT TRIED TO CLAIM ESA AGAIN, ITS TOO SOON SINCE THEY REJECTED ME… FUCK UM.. I HAVE NO TIME TO WAIT FOR THEIR SHITTY SYSTEM.. I HAVE STARTED A NEW JSA CLAIM.. I WILL NEVER FIND A JOB ANYWAY, IN MY AREA THERE IS LESS THAN NOTHING, AND I CANNOT TRAVEL FAR DUE TO MEDICAL CIRCUMSTANCES.. I JUST NEED CASH TO EAT.

    Comment by anon3453 — January 28, 2013 @ 2:36 pm

  409. WHATS THE CURRENT PHONE NUMBER FOR A CRISIS LOAN PLEASE..? I THINK I DESERVE ONE!

    Comment by anon3453 — January 28, 2013 @ 2:39 pm

  410. Hi I went to welfare ritz like u told me to he as wrote to my gp to get my medical notes but my gp wrote back saying they want £100 for them n now they can’t deal with me is this rite ? Many thanks

    Comment by Lee — January 29, 2013 @ 2:51 pm

  411. Don’t know about charging £100 mine charged me £30/40 can’t remember which!!
    But it didn’t make any difference to them!
    I still failed!! But you might get lucky!!
    Good luck!!

    Comment by Zubz — January 29, 2013 @ 3:54 pm

  412. Just been sent another appointment by these jokers. This will be my 4th medical in 18 months, its ridiculous. Apparently I am on 6 monthly reviews, even though my circumstances have never changed. I am currently on the support side of ESA, my advisor is also bemused as to why I need so many medicals.

    Sick to death of it, they teach you in school not to bully, but Atos seem to do it daily.

    Comment by Ruth — January 29, 2013 @ 4:20 pm

  413. Hello Lee.

    Some of these GPs are charging a fortune for medical reports, mine charges £250, yes that’s his fee as he calls it, it’s criminal and should stop now.
    But are you just asking for your medical notes ? if so then I don’t see how he can charge anywhere near that, what do the welfare rights say ?.

    It might be possible to get legal aid for a medical report, that’s what I did, the welfare rights gave me some legal services addresses near me and I arranged an appointment, got legal aid and they wrote to my GP asking for him to assess me for the purpose of a medical report, the GP sent for me and gave me a medical assessment and wrote the report and I got a copy.

    Comment by dwpexamination — January 29, 2013 @ 11:02 pm

  414. Hello Ruth.

    Were all in the same boat, but I must admit 4 assessments in 18 months is overkill. I thought I was hard done by with five assessments in four years.

    Comment by dwpexamination — January 29, 2013 @ 11:10 pm

  415. Thats shocking, not sure what other GPs charge in Scotland but my GP charged me £5

    Comment by LisaR — January 29, 2013 @ 11:15 pm

  416. Hi thanks for getting back to me I went to see the welfare rights and he said he needs to write to my gp to get evidence to back up what I say is wrong with me the man called me today and said your gp wants £100 which I said I don’t have he told nothing more he can do for me in till he gets that from the gp ? And said he as to close my case but told me to still carry on with it my self ?

    Comment by Lee — January 29, 2013 @ 11:30 pm

  417. Hi that`s a new one on me, my GP sent a report to my CAB adviser without any charge.
    I think you need to find a new doctor that is a con.
    My doctor also listed on my sick note all the things wrong with me.
    My appeal is in feb, and a family member is going to help me put everything together,and come with me to my appeal.
    by the way did anyone know that this sick goverment has put a blanket ban on giving disabled freedom pass.
    My GP told me yesterday, about this none of her pasionts passed it and there is a 100% fail rate.
    I feel sorry for the DLA people as they have to go thought this assesment with the A-TOSSER.
    Whats the betting all of them fail it.
    The appeal tribunal will be working 24 hours a day, dealing with them

    Comment by ray — January 29, 2013 @ 11:56 pm

  418. Lee…look up the phone book for any legal services company that arranges legal aid, explain your problem and ask for an appointment to see one of their legal advisors, make sure you take a bank statement with you because how little money you have will determine if you get legal aid or not.
    Once you do this they will contact the legal aid board on your behalf, then the legal company will write to your GP and arrange the report for you, they will take a copy and send you the original, they will get their payment from the legal aid board and so will the GP through the legal services.

    You have nothing to lose by phoning around, that’s how I got my report, if they hadn’t arranged it on my behalf I would have had nothing.

    These GPs are in the job for money and not in the job for altruistic reasons.

    Comment by dwpexamination — January 30, 2013 @ 9:45 am

  419. Your right Ray, it’s a disgrace asking for money from vulnerable people, they should be doing these reports through the legal aid system.

    Comment by dwpexamination — January 30, 2013 @ 9:47 am

  420. i find all this information very informative and will be sighning up tomorrow i have an appeal pending and wil need help to win through by the sound of it fred

    Comment by Anonymous — January 30, 2013 @ 8:24 pm

  421. Hello Anonymous.

    See more at the sister site http://www.dwpexamination.org

    Comment by dwpexamination — January 30, 2013 @ 9:30 pm

  422. Hi. I’m hoping sone1 can help me. I attended a medical examination at atos health care. I have been suffering with chronic prostatitus for over a year now which makes me unable to walk long distance constantly having to get up in the night and major pain in my pelvis. They have told me I failed the medical on points. Can any1 help with what I can do. Thanks. Carl

    Comment by Carl — January 31, 2013 @ 5:35 pm

  423. Hello Carl.

    They are forcing you to appeal, how to appeal and what to do is well documented, but if your not sure of the process then go to our sister site and a full explanation piece by piece is available.
    http://www.dwpexamination.org

    Comment by dwpexamination — January 31, 2013 @ 7:22 pm

  424. I received a strange letter today with has left me completely confused, it hasn’t helped after I had to phone DWP up to find out why my assessment payment wasn’t paid on 30th. Seems theres no note of my sick line dated 28th Dec which I handed in at beginning of January,can imagine after Xmas and New Year holidays a backlog causes mayhem. They were going to look for sick note and if they can’t locate it will phone for confirmation from the GP that signed it. Anyways this letter was dated 30th and I guess it worries me that I am reading it wrong especially thats the date of my payment I never got. The sub title was “We have looked again at our decision” You made an appeal against a decision about your work capability assessment issued to you on 10-Oct-2012. We have looked again at the facts and evidence used to make our decision. As a result we have changed that decision. Next sub title is “What happens now” Your appeal will not be sent to an independent tribunal as the decision has been changed in your favour. As explain in our previous letter, if you still think the decision is wrong you have the right to appeal. You should normally appeal within one month of the date of that letter.

    I haven’t received that letter yet so I guess thats why I’m confused. Overleaf it just gives me advice about filling in a GL24 etc. What I can’t understand s if they are saying there is no sick note showing to cover from the 8th January when the last sick note ran out so surely if they didn’t have it on their system then why are they making out that they have changed decision in my favour….an absence of a sick note would usually give impression someone was no longer claiming ESA? Hope you can make sense of it.

    Comment by LisaR — February 1, 2013 @ 2:19 pm

  425. Hello Lisa.

    No human being could make sense of it, because it’s senseless, write them a letter and ask for an explanation.
    They probably don’t understand it themselves, one bit of good news I can see in there is that they have reversed a decision in your favour.

    Comment by dwpexamination — February 1, 2013 @ 5:14 pm

  426. Definitely confusing eh!DWP got back to me regards my missing sick note,they’ve put through my payment but I have to get duplicate sick note ans I mentioned letter to guy,he said it was a different department but me reading out the letter he says they’ve overturned their decision and he said if I got letter today that they’d probably be told a few days later. I’m hoping for the explanatory letter tomorrow though…not the first time their letters come separately. Find it strange the length of time they’ve taken to look at their decision again when originally back in October I wrote telling them I was appealing to which I got letter saying they’d looked at the decision and stood by it. Thats when I asked to be put on ESA at assessment rate til appeal went to tribunal. Do you think they’ve been told to re-look at the cases they’d been throwing out as fit for work because of the enormous anger at Gov and ATOS

    Comment by LisaR — February 1, 2013 @ 7:16 pm

  427. You might have a point there Lisa, because some people lately have been granted ESA without even having to attend an assessment, that wouldn’t have happened last year even.
    So it’s possible that the DWP and ATOS are looking at ways to reduce appeals etc.
    Meanwhile we’ll keep getting enormously angry at them, and sooner or later they will break..!!

    Comment by dwpexamination — February 1, 2013 @ 8:25 pm

  428. I had been on long term incapacity benefit which is now being changed. I had to fill in a questionnaire in December and have just received a letter from the DWP informing me that I am entitled to Contribution-based ESA and I have been placed in the work related activity group.
    I did not attend a medical for them to come to this decision. I suffer from anxiety, depression, stress and panic attacks as well as being diagnosed bi-polar with OCD and having arthritis and bowel problems to name only a few of my health problems.
    How can they decide that I am not fit to work but I am fit to attend a work related activity group? I intend to appeal against this and want to know how I go about this. I am at my wits end.

    Comment by G. — February 8, 2013 @ 4:51 am

  429. Hello G.

    This is a DWP tactic hoping you will not know your rights and appeal.

    Contributory ESA ends after 365 days if you are in the work related activity group, and that is the main reason the DWP are allowing you in to that group without a face to face assessment, they hope you will be satisfied that they are granting you ESA and will be unaware that it all ends after 365 days, but what the DWP do not tell you is if you are in the support group of Contributory ESA it DOES NOT END after 365 days.

    And they don’t tell you that you have the right to appeal against their decision to place you in to the WRAG.

    You can get all the help here at our sister site http://www.dwpexamination.org where there are hundreds of people who have been or are in your situation at the moment and are ready to help you through it.

    Comment by dwpexamination — February 8, 2013 @ 5:25 am

  430. It was on daybreak atos healthcare got 112 million this year and 40 percent off medicals got over turned this government is wasting money. I have been on ESA for 2 wks and all ready got to fill in a ESA 50 are they taking the piss

    Comment by Dean — February 8, 2013 @ 9:40 am

  431. Hello Dean.

    Nope, that’s what they do, as soon as you apply for ESA you get the basic rate for 13 weeks, but they don’t want to even give you the basic rate, they want you either in work or signing on for work, so the sooner they can fabricate a medical report and assess you fit for work the sooner they can achieve their aim.

    Comment by dwpexamination — February 8, 2013 @ 10:07 am

  432. They awardedmy husband ESA. I have appealed but I don’t know how long the process takes. Meanwhile, they have stopped the benefit and we are living onour childrens tax credits and family allowance. Thing is, im a carer for my husband and also for my four year old disabled son. Yet tje benefit stopped contains an element for me, what tje government says I need to live on. Yet when I phoned benefits advice line, im told they are within their rights to do this? I sent appeal at end of Dec 12, yet I have no idea how pong it will.take.

    Comment by Geraldine — February 10, 2013 @ 7:11 am

  433. Hello Geraldine.

    Always get help and Professional advice from the CAB or your local welfare rights office, do not rely on anything the DWP tell you because they are well known liars and have no interest in your welfare or legal rights to benefits, deliberate misleading information is the order of the day in our DWP benefit helplines.

    First of all to get you started your husband is appealing this means he is entitled to the assessment rate, unless he was on Contributory ESA which ends after 365 days, if that’s so then he can apply for income related ESA. I don’t know what ESA applies to him because you haven’t mentioned which one he was getting.

    Appeals for Employment and support allowance can take any amount of time, a typical waiting time in any big city in Britain like Manchester, Birmingham or Glasgow can take around 9 months to be heard at an independent tribunal.

    Comment by dwpexamination — February 10, 2013 @ 9:22 am

  434. This page is very informative and useful, thank you.
    It really is shocking what they are doing, sadistically toying with some of society’s most unfortunate, absolutely revolting, I can only assume they get off on it. I think the people doing the dirty work are filth too ‘only obeying orders’ is not good enough.

    Comment by SB — February 13, 2013 @ 9:49 pm

  435. I had at least a week before I found out what “changing decision in my favour” meant. I wrote asking what it meant and I received an update telling me I was receiving ESA again at the WRAG rate and that it was backdated to the October when they stopped it and I was put on assessment rate waiting for a date for appeal. It tells me I would get the £99 till April when it goes up a pound but theres no time mentioned how long I will be on WRAG again,because I’d already had the 365 days on Contribution based I am on the income based ESA. I really hope they are re-checking many of those who are having to appeal as like me I’m sure there are many that really should not have been passed fit for work. I’m just relieved they realised I wasn’t fit for work looking at the paperwork on my case. Now I can concentrate on trying to get my mental health in a better place as my chronic pain is here to stay and I really, really want to be able to live with it better and be a stronger,happier person.

    Comment by LisaR — February 14, 2013 @ 2:12 am

  436. Hello Lisa.

    You will receive income related ESA until ATOS assess you, that could be next week, next month or next year, apparently it’s computer generated so don’t rest on your laurels, learn your rights now and be prepared for the next time, also join us at our sister site and help get rid of this dreadful fixed assessment and ATOS healthcare.
    http://www.depexamination.org

    Comment by dwpexamination — February 14, 2013 @ 5:25 am

  437. Only obeying orders eh ?, that’s what the Nazis said too, well it doesn’t wash anymore they all know what they are doing is not only immoral but criminal, and we are not going to forget what they are doing, nor forgive either.

    Comment by dwpexamination — February 14, 2013 @ 5:27 am

  438. I never forget things as even when I’m I’ll with bipolar or any other illness I write it all down or tell someone else, so this gross injustice and mental torture that ATOS is causing will be highlighted like the horse meat scandal is now, and it won’t be long that it’s exposed. I will personally do what I have to do to expose this act of human atrocity. I will take it to the highest level in law and have no hesitation to highlight through every communication channel including the national press, tv, radio, film and my mp. If it kills me doing it, well so be it , protecting disBled and vulnerable people and myself is my passion and I have a duty of care to carry on my quest to up hold this in the interests of humanity and to prevent people from suicide , deprivation and oppression. I won’t jeopardise anyone but this criminal injustice has to stop

    Comment by Linda stoneman — February 14, 2013 @ 7:37 am

  439. Thanks for the help & advice from this site!!

    Comment by Zubz — February 14, 2013 @ 8:20 am

  440. NB my last posting where I wrote, “if it kills me” means that this is how it’s making me feel and I would not of course let this bring harm to myself or anyone else in the course of bringing this gross injustice into the public eye and to right the wrongs in the. System which is in place by dwp to help disabled people, including myself and other members of our family.

    Comment by Linda stoneman — February 14, 2013 @ 8:24 am

  441. There’s enough people dying through these hideous welfare reforms and ATOS/DWP corruption Linda, we don’t any want more innocence deaths.
    Our sister site is available for help too.
    http://www.dwpexamination.org

    Comment by dwpexamination — February 14, 2013 @ 10:55 am

  442. Thanks Zubz.
    http://www.dwpexamination.org

    Comment by dwpexamination — February 14, 2013 @ 10:56 am

  443. I have previously written in before, explaining. I had my appeal, to be honest it was over within 5 minutes, Dr and Judge whispered into each others ears and then Judge said along the lines ‘That he quite frankly shocked and disgusted that I am even there’ Placed me on in the highest group and for me not to be assessed for at least two years. I am delighted with this, but wanted to say a big thanks to all on here. Your advice, genuine talk, made my life a lot easier for me. Took the info on board though will point out CAB was hopeless with any help, I had no one represent me at all, just went along with my mother. Not sure what happens now, I have suspect feeling that the DWP will take possibly another two months to process my payments and to amend my rates, so I will still have to said them in medical notes. They are so desperate, that they will still try anything. But is not going to get me down, as I know they have been beat. Good luck to those, going for appeals.

    Comment by Mike — February 14, 2013 @ 11:36 am

  444. I’ve been on incap benefits for about 10years and I’ve just got the forms from Atos, I am covered in psoriasis and suffer with anxiety, panic attacks and depression, I can’t go out far, I can’t answer the phone unless I know the person ringing, how the hell will I be assessed I cannot got into Manchester to the assessment centre, I’m terrified and this is making everything 100x worse, I don’t know what to do. There are people much worse than me and they are being forced off benefits, I’ve got 3 children and I’m in a rented house, will I be homeless?

    Comment by backdaws — February 14, 2013 @ 1:19 pm

  445. Hello Mike.

    Congratulations on getting the result you so obviously deserve, now that you have won your appeal you do not have to send in any sick notes but as you say the DWP are desperate people and may insist you send them a sicknote if it expires.

    Don’t worry though just do what I did and send them a letter back informing them that since you have won your appeal on such and such a date quote the ref number – You will have a reference number on the appeal hearing notification – then according to the law you are no longer required to do so.

    It usually takes around six weeks to get your backdated money sorted, but in a couple of weeks time you can send them a letter stating that you have won your appeal and (insert reference number) could your office please confirm the decision in writing, thanks etc.

    That can help speed it up a couple of weeks sometimes.

    Comment by dwpexamination — February 14, 2013 @ 1:37 pm

  446. Hello backdaws.

    Can you get help from your GP in the form of a fax stating that you cannot attend an ATOS centre and therefore wish a home visit ?.
    If not then ATOS will force you to attend for an examination stating that you will lose your benefits if you do not attend.

    If you do get assessed eventually then expect to fail the test, this is all designed to force you to appeal, you will not be homeless because you will receive the assessment rate while appealing (At least Until April 2013) and also receive the usual rent and council tax rebate.

    Go to our sister site and log in for more information on what to do to get a home vist from ATOS.
    http://www.dwpexamination.org

    Comment by dwpexamination — February 14, 2013 @ 1:46 pm

  447. Hi can u tell me if I fail my tribunal Appel can I try again to clime esa ? Thanks

    Comment by Lee — February 15, 2013 @ 10:25 am

  448. And what should I do if I can’t go to a tribunal n have to have a paper one ? Coz bit sure I could go with my dessperion

    Comment by Lee — February 15, 2013 @ 10:29 am

  449. Lee…You can re-apply for ESA as long as six months have passed since the DWP decision maker informed you that you were fit for work, you need to have a worsening of your health condition or a new health condition as well to be eligible.

    By the way it’s best to go to the tribunal personally, paper hearings have a much lower success rate.

    Comment by dwpexamination — February 15, 2013 @ 1:16 pm

  450. I don’t know what to do. I was on ESA from 6 April 12 for anxiety and depression. Got sicknotes to carry me up to the medical (was genuinely ill – mainly due to noisy neighbours causing me to have panic attacks and uncertainty and stress). Went to Atos for the medical only to be contacted weeks later saying they’d stopped my ESA 2 weeks ago because I got 0 points on the assessment – nothing to do with my individual circs or why I was actually anxious. My Doctor backdated a sicknote to cover me for that period and has been providing sicknotes up to 1 March this year. I challenged their decision by appealing and have only just received a response saying can’t change it we’re going to tribunal and enclosing their bundle of papers. Their argument is I didn’t fulfil any of the descriptors for the assessment, my argument is I don’t have a job when I sign off ESA and I am living in a really dark, stressful environment which is not conducive to a) looking for work, b) being part of the Work Programme again (am part of Pertemps Work Programme till June 13 and they have kept scanty contact over the telephone but I am assuming I’d be expected to have 1 on 1 appointments and do anything they say till June 13) and fill umpteen applications in and the anxiety just hits me. I have decided that, since I’ve now got the enquiry form from HMRC asking if I want to carry on the appeal to not go ahead cos I stand no chance up against ‘the assessment and the laws’ they keep citing. My sicknote runs out 1 March 13. To me it seems stupid to make a new claim to JSA now and makes more sense to wait till sicknote runs out but I am worried I will have to pay the Assessment rate back to them because they think I’m still appealing. Presumably the minute they receive the enquiry form back saying I don’t want to appeal I come off of ESA assessment rate and so I could be left with no money. Do I owe them anything? Would I need to put new claim to JSA in on 1 March and then it have to be backdated to date on the enquiry form cos I would have no income for that period? Am I making any sense? The anxiety stresses me out, I have no family or friends support. I went to a Legal Centre who said they cannot get involved with the appeal because I do not fulfil any of the descriptors on the medical and so I did what they said, and made only choice I could, which was to claim assessment rate and keep appealing knowing I would get nowhere but to keep food on the table. What are my options re starting JSA claim? Carrying on appealing? Not starting JSA claim till sicknote runs out despite turning down appeal? Help! It’s all so confusing.

    Comment by Melanie Watson — February 16, 2013 @ 10:47 am

  451. Hello Melanie.

    If I were you I would still carry on with the appeal and receive the assessment rate, you have nothing to lose, but if you sign on for work then you will have to sign a form saying you are fit for work, and you obviously aren’t, it’s not even a catch 22, this is a no brainer, you cannot work if you are ill.

    The legal centre are wrong inasmuch as you do not fulfill the descriptors, what the legal centre haven’t told you – probably because they are unaware – is that you may be able to claim on the special circumstances rule, and these rules are 29(B) and 35(b) under the ESA regulations.
    You will see that it states that you cannot be found fit for work if you are a danger to yourself or another person in a workplace, that’s the bottom line, and that is what you can concentrate on from now on.

    If you want to know more about these little known regulations (Which oddly enough are free to view to the whole world on the internet) then google them and study them, and become an expert on these regulations because this is your life we are talking about here, and this is your way out, the DWP don’t advertise these regulations because they don’t want people to know about them.

    You can get a further understanding – amongst other things – of the special circumstances rules by logging in to our sister site and asking them.
    http://www.dwpexamination.org

    Comment by dwpexamination — February 16, 2013 @ 12:57 pm

  452. Thanks. I am probably going to go ahead with the appeal but my Dr is off for half term! It means this enquiry form is going to be tight. It took 2 days to get to me and I have to get it back by Weds next and my Doctor can’t see me till Monday. I am going to get her to make the decision – fit for work or not. I have no extra evidence to back the appeal up and even if she can write a support letter I need to see her immediately and send that form back the same day without any letter from her. Crazy. I now have till the appointment to try not to panic. I will probably not win but as you say I have to stay on ESA because I don’t want to go back on Work Programme or sign to say I’m fit for work. A hearing will take longer but be a bit far. My main aim now I guess is to stretch things out as far as I can on ESA and hope my Doctor will support me with sick certs till appeal heard. Wish me luck! If I have any hair left by then.

    Comment by melanie watson — February 18, 2013 @ 11:14 am

  453. Hello melanie.

    You don’t have to show ATOS anything, they don’t even look at anything you show them anyway, so there’s nothing to be gained by rushing to get a letter from your GP. By the way I didn’t show ATOS my medical report, I just kept it for the inevitable tribunal appeal.

    So what does that actually mean ? well it means that you are going to have to appeal, because ATOS are going to find you fit for work, there’s no way round it, people with lung cancer and at deaths door are being found fit for work, so take it for granted you are being forced to appeal, this gives you around six to nine months to gather medical evidence to show the appeal tribunal.

    And who knows what can happen in six to nine months, ATOS and this corrupt system might be finished by then, so worry about the appeal hearing when it comes, don’t worry about it now.

    Comment by dwpexamination — February 18, 2013 @ 11:30 am

  454. Hi, thanks for your tips. Just one more thing: If I choose not to appeal/or my doctor finds me fit for work on Monday so I don’t go ahead with the appeal do I owe the assessment rate since they stopped ESA in Sept 12? If I lose the appeal do I owe them the assessment rate back?

    Comment by melanie watson — February 19, 2013 @ 10:33 am

  455. Hi Melanie.

    You don’t lose the assessment rate if you do or do not go ahead with the appeal.

    So then if you appeal and it takes nine months to be heard and they have granted the assessment rate then whether you lose the appeal or win the appeal you pay nothing back, but winning the appeal will get you the working component backdated to the date the decision maker found you fit for work, that can add up to a lot of money.

    So if your GP finds you unfit for work then appeal because you have nothing to lose, if your GP finds you fit for work then appealing is obviously hopeless, unless you signed on for work (Because you don’t need a sickline to sign on) under duress and of course didn’t mention to the DWP the GP refused a medical certificate, then since no one is going to know unless you tell them, then it’s possible to still appeal and try to get ESA.

    Comment by dwpexamination — February 19, 2013 @ 1:53 pm

  456. Hi I’m in need of some advise please. I had been on incapacity benefit for 10 years up until December 2011 when i was told i needed a ATOS medical only my benefit was now going to change name to ESA . The outcome of medical seems to be the same as many other in my situation. My benefit was dropped down to assessment rate while i waited my appeal . I had my appeal in June and won my case i was then put on a work related activities group. I had to go for a meeting at my local job center where i was told that i would not be made to look for work due to the fact of my illnesses and how they affect my everyday life. Since the first meeting with the adviser all my meetings have been done over the telephone and last all of 2 minutes if i’m lucky. Also my health issues and disability have not changed if anything i am getting more issues and deterioration with my illness . My problem now is i received a letter telling me i have had 365 days of contributions payments and i’m no longer going to get payment as of January 20th i got this letter a wk before my next payment was due so i called the ESA department explained my current situations. I was then advised i should have been looking for work and if i wanted to appeal the outcome i should of done so from the start but i could try to do that now and see if the department would except it she was also going to send me a income related ESA form to fill out and send back as soon as possible for me to get my benefit . I have since sent in a letter of appeal and it seems the department have excepted it as i have received a bog standard letter i take it that there going to look at the decision again to see if they can revise the decision in my favor. In the mean time i have also been waiting for a outcome of my claim form well after many phone calls later they tell that they got my form on the 1st February but they cannot locate it so there gonna get some one to call me and do it again over the phone. I got the call and straight away was told i cant have any benefit due to me having a partner that works 40 hours a week even though he has a very low wage. I then said well what help can we get due to us having a mortgage and having to pay cost for travel for his work and us living i was told there is nothing we can have i just have to wait for my appeal . This is unless my partner want to become jobless then they will help us . Can this be right that i’m not entitled to nothing at all ? and we have to live in hope that we don’t loose our home .

    Comment by going off my head — February 22, 2013 @ 11:26 am

  457. Hello going of my head.

    Yes that’s the way the Government have fixed it, if your partner is earning 149 pounds per week or more and/or you have a savings account with 16,000 pounds or more then you will not be eligible for income related ESA and will get nothing.

    If your partner was jobless then you would get income related ESA of around 99 pounds per week, and he would get 71 pounds per week JSA, so in fact you would probably be better off financially, how that’s supposed to make work pay then god only knows.
    Beware though, if your partner deliberately makes himself jobless then they will not allow him to sign on for JSA.

    Comment by dwpexamination — February 22, 2013 @ 3:16 pm

  458. Hi
    Thank you for your advice . We have one more option to take and that is claim for working tax credits i am just praying we should be able to get some sort of help down this avenue. If not i will struggle and carry on no matter what and how it affects my illness & disabilities and fight for my rights and what i’m entitled too iv done it once and i’ll do it again . I never in a million days ever thought i would suffer with mental health issues and illness like i do. I will let you know how i get on and what my outcomes are thanks again i will keep my eye open on here every day this is such a great help to any one going through this torture with the DWP . I’m so looking forward to my over the phone interview again next week i will be able to let out a lot of what i’m holding in.

    Comment by going off my head — February 22, 2013 @ 4:21 pm

  459. Have just received gl24 on top of form is written no lcw 1811

    Comment by Anonymous — February 23, 2013 @ 1:25 pm

  460. Forgot to mention also received a giro for 309 pds ,usual 416 was not paid into bank now Saturday in ov draft no money same day letter says because have a child they wld pay support. Then next letter says ESA form hmrc wld pay child credit ,,,so confused as got phone 11 feb sayin I wld be going on to Jacob 9march ,have got appeal form sick note doctors letter sayin not fit for work at present,,do I go ahead with appeal or am I on ESA???????????

    Comment by Anonymous — February 23, 2013 @ 1:43 pm

  461. A GL24 form with a written notification saying no LCW (Limited capacity to work) means you are not entitled to ESA and means you have to appeal.
    But I would get it checked again just to be sure if I were you because the DWP sometimes send conflicting letters of direction.

    Comment by dwpexamination — February 23, 2013 @ 4:22 pm

  462. I went for my appeal on 20/2/2013. I was refused esa. I have severe depression and chronic back pain and arthritis. As soon as I walked in, the judge said that this tribunal was only about atos medical that I had in June 2012. So he asked that I remember back to then and only answer how I was on that day and to point out all the parts of the medical examiners report that I disagreed with. I did this to the best of my knowledge. I had been married in September 2012 and then I was asked all about that, which I hasten to add that appalled me as I was in so much pain on my wedding day, my honeymoon was 2hrs away and I slept all the way through it as I had to take my diazepam to calm me down as I was a total wreck at having to leave home. I do think that the judge and doctor made their decision due to what happened after the atos medical in June 2012. I have sent a letter asking for their reasons as to why I was awarded 0 points, when every other year I was awarded much more than 15 points. I felt as if I was interegated, I was crying and I wanted to leave, but they kept saying we shall continue. I was in there for over an hour, I was exhausted, I was in so much pain with my back and hip, and I don’t know what to do now. The Cab said that they cannot help because to take it to a higher tribunal you need to pay for legal costs as they don’t give legal aid if it’s about benefits.
    The doctor and judge did not stick to what they said the tribunal was all about, I was only to be asked about my Atos medical in June 2012, but they were asking me more about my wedding. Where do I stand? I hope someone can advise me on what to do next and I don’t have the strength to fight anymore.

    Just a wee note to say that my first tribunal, I never went, as I can’t go to new places where crowds will be, my husband represented me, and in any case, I couldn’t walk as my hip and back were so bad that day. My husband was told it was in my best interests to go to the tribunal when I was better. 3wks later, I was doped up to the eyeballs on diazepam just so I could go to the tribunal, only for the tribunal to be held by the same people as before which is against the law… I was crying saying I wanted to go home, but the judge and doctor came into the private room I was in and explained that they could make a decision today but the dwp could over rule it because both judge and doctor had looked at my case before. I was advised to come again, which was 20/2/2012, I didn’t want to go, but the thought of losing my benefit if I didn’t made me go reluctantly, Again I had to take the Diazepam to keep me from my extreme anxiety.

    Comment by Anne — February 23, 2013 @ 5:37 pm

  463. Thanks for ur comment but I still see this as a kick them while they r down attitude ,,nurse at exam asked me questions that she answered for me ..kept going on about u can drive ,,u read papers …NO I DON’T ..UR HEAVEY BAG WAS IN FACT A HOLD ALL WITH 12 packets of prescription drugs which wld not have any more than a couple of ounces ,but I at least cld sit stand bend pluuuussss I looked we’ll kepmt also u sit about all day doing nowt apart from thinking about this outcome wot else has a suicidal depressed alky to do am takin enough depressants that wld deem u fit for a morgue ,,but must trudge on till they wear me to the noose

    Comment by Anonymous — February 23, 2013 @ 5:55 pm

  464. Hello Anne.

    The Government have got it all sewn up haven’t they ?, I too have lost an appeal before, some of these appeal panels are anything but impartial.
    You can only do what I did, which is to re-apply for ESA, you can do this because more that six months have passed since the DWP informed you that you were fit for work, you also need to state a worsening of your present health condition or state a new health condition. If you call them and ask for the ESA application form, fill it in and attache a sickline and you can re-apply.
    This is all we can do until we get rid of this dreadful system, don’t forget to log in to our sister site and learn your rights.

    Comment by dwpexamination — February 23, 2013 @ 7:25 pm

  465. Went through appeal & tribunal last time was given 0 points by Atos, won appeal, now recently got hauled in for another assessment and given 12 points, so have lost my ESA, I do not feel ready to return to work but I cannot face another year just waiting for appeal and all the stress that comes with it which significantly worsened my mental health problems last time. Also, while appealing, my ESA was reduced to the same rate as JSA and I was noty entitled to any support or training schemes as I was not technically classified as being on ESA or JSA. Total hell, if they say i’m fit to work, fine, good luck to them finding a job suitable for a neurotic like me – I’d happily work as I am sick of being poor constantly, but I won’t go back to retail as this contributed hugely to my mental breakdown.

    Comment by sarah — February 26, 2013 @ 1:22 pm

  466. Hello Sarah.

    They all know your not fit for work, they are forcing you to appeal, so then gather all the strength you can muster and prove the DWP wrong and go and win that appeal, you have twelve points to start so winning will be easy.
    Look at it this way, while you are waiting for the appeal to be heard ATOS will not be hauling you in for another assessment, so you can just try and relax (Remember your not alone) and concentrate on that win.

    I’ve had five assessments and five appeals, the next assessment is due any day now, I’ll deal with it when the letter arrives, until then I’ll try and help others.

    You can get massive support and help at our sister site http://www.dwpexamination.org
    Just think up a username and log in.

    Comment by dwpexamination — February 26, 2013 @ 3:01 pm

  467. I failed assessment while awaiting a liver transplant, it never occured to me id fail, every day i wait for my new liver is a day closer to death and im only 26, with young children yo support. I have zero fight left but will soldier on against these injustices on behalf of myself and others here, i hope i can make a different future for the next generations, where is basic human compassion gone. God help us all

    Comment by vik — February 26, 2013 @ 7:12 pm

  468. Hello vik.

    Back in the beginning of 2009 I was assessed for work by ATOS and it never occurred to me that I would fail either.
    I couldn’t believe the lies the nurse said about me in her assessment report to the DWP, I thought perhaps she has the wrong person, there must be some mistake, this is not me she was talking about.
    But em, I checked the name again and sure enough it was my name, I checked the national insurance number that was written there and again sure enough… it was mine.

    I thought it was just me, I thought she didn’t like me or she was on some personal crusade to stop people from getting sickness benefits, and so I thought at the appeal they will see sense, I can refute everything she says, the panel will see through this nonsense quick enough.

    Well that’s what I thought, but that’s not what happened, the appeal panel didn’t see sense, even when it was proved to them beyond a shadow of a doubt that the nurse lied, they still denied me my right to incapacity benefit, and I now believe they were ideologically motivated to disallow my appeal.

    I was told that day that I was not entitled to Incapacity benefit in a written memorandum legally drawn up by the clerk of the court. I was shocked, my faith in British justice was smashed for ever, there can be no going back for me now, I decided to do something about it to help other people, even in a small way, because back then I realised it was all a sham, and a sham with some kind of direction from the then Labour Government.

    I got another shock later on, because when I asked for and received a statement of reasons from the panel how they could come to a decision like that, I found that the panel had lied on the statement of reasons as well, lied in the most shocking way, and it hurt that there was nothing I could do about it because according to welfare rights there wasn’t an error in law on there, not a tangible error in law that would convince the strict commissioner of second tier.

    I couldn’t get over it, everything I believed in was now gone, my faith in our Government had gone, my faith in our justice system had gone, and my faith in the medical profession had gone as well, now I knew what I was up against, now I knew that these people who ranted about the new world order and other things like that, were right.

    Great Britain was a cesspit of corruption from top to bottom, and in that I had no illusions about anymore, that dreadful experience not only alienated me from the people who run this country, but turned me away from a man who was willing to let them get on with running the country because I was stupid enough to actually believe all my life that they would do the right thing for us, to a man who wants to destroy them and put true justice back in it’s rightful place.

    Now they have a dangerous animal on their hands, if the country comes to a great crisis like another world war, I will not lift one single finger to help them, on the contrary I will do every thing I can to hinder them, I would rather let this country descend in to a pile of rubble rather than give them aid, there will be no call to arms from me, the Government can do their own dirty work from now on, and so can the Daily mail and the Express and the Sun and all those little sycophantic pieces of crap civil servants who do their dirty work for them without even as much as a murmur.

    They picked on the wrong guy when these bastards picked on me, they don’t know that yet, but one day they will know it, and will get down on their bended knees and wish and pray they could turn back time. Yes they can laugh, but one day I will be able to say ”THEY USED TO LAUGH, WELL THEY’RE NOT LAUGHING NOW”.

    Comment by dwpexamination — February 26, 2013 @ 9:11 pm

  469. You are an inspirational man, i was ready to give up before i read all your comments here yesterday, you helped me see through the smoke. Now i know its not about winning my appeal, thats just a bonus, its about making a stand for what is right. You know we’re all in sh*t when you cant even trust a doctor/nurse, they are selling their souls for a quick buck. Thank goodness you are here to advise others, its just such an utter shame its been such an ordeal for you. Can i just extend my heartfelt thanks and good wishes to you for this inspiration you have given me…keep on keeping on

    Comment by vik — February 28, 2013 @ 4:34 pm

  470. Hi vik.

    Winning your appeal is important, because it’s personal, once you have done that then you can help others, even if it’s in a small way, because helping others perpetuates and in the end actually helps you.

    Standing up for your rights and being able to turn round to these people and saying to them NO…I WILL TAKE NO MORE, I KNOW WHAT YOU ARE TRYING TO DO AND I AM GOING TO DO EVERYTHING IN MY POWER TO STOP YOU.

    People are scared to stand up for themselves, they think if you are nice to them (The powers that be) then they will leave you alone, well that’s simply not true, bullies will never leave you alone, they see kindness and compassion as some kind of weakness to be laughed at and exploited.

    This is what they want, they want to threaten you and hope you will take it, but when they see you are willing to make a stand they back down.
    Do you think the DWP and the Government snoops don’t read this Blog ? they read this every day, and our sister site as well http://www.dwpexamination.org they know who I am, but they haven’t approached me, why do you think that is, why haven’t they tried to stop me ? I will tell you why, because they are cowards that can dish it out but can’t take it back that’s why.

    Sitting back and doing nothing is not an option any more, and anyone who does sit back and let others do their fighting for them deserves everything they get in the future.

    Comment by dwpexamination — March 1, 2013 @ 8:01 am

  471. Income support inc benefit stops today as deemed fit to work ,, do I automatic go on to assessment rate or do this very helpful dwp jca jokers tell u Fck all

    Have been waiting two weeks for a reply as to where I go from here ,phoned dwp they say everything wld be sorted by jobcenter plus not heard anything from either do I have to make a new claim, or does it happen auto ,have sent appeal gl24 doctors letters addiction and alcohol stats stating I am not fit to work wot else can I do also went to cab was as bad as atos assement lady interviewer was either not bothered or just cld not be annoyed ,told me u wont win this appeal,plus if its on Wednesday no one is available through out one hour meeting all she said was I don’t get paid wee are voulinteers which I appreciate but a bit more knowledge would help so if u go to cab remeber to tell them u are there for help not a outcome of what he ,,she automatically thinks cos ur the same as a case they lost a few times so much for all in it together,could have done a better job myself but to late posted gl24only honest appeal board will see am not fit to work,,,,,,,,is that possible

    Comment by Anonymous — March 4, 2013 @ 2:12 pm

  472. Well I don’t know if they will see if your not fit for work because I don’t know how bad your illness is and I don’t know you personally.

    But what I can tell you is if you think you should appeal and the GP gives you a sickline then you must appeal, but you will not get any money if you don’t ask them, you need to ask the DWP to pay you the assessment rate, so if you haven’t already done so then write the DWP a letter and remind them that since you have appealed and provided a sicknote therefore please pay me the assessment rate while I wait for the appeal to be heard.

    Comment by dwpexamination — March 4, 2013 @ 9:25 pm

  473. Hi there i need some advice please.
    at the moment im appealing against having my esa stopped.
    Unfortunately my mum has become very ill & wants me to become her carer.
    Does that mean i will have to abandon my appeal as it will be classed as a form of work at the moment i cant claim carers allowance as shes waiting to hear about her claim for attendance allowance.
    Apparently she needs to be getting that at middle or higher rate for care before i can make a claim.
    thank you your help would be much appreciated.

    Comment by caroline — March 4, 2013 @ 9:54 pm

  474. You don’t need to abandon your appeal Caroline, remember the appeal for ESA applies to the date the decision maker informed you that you weren’t entitled to ESA.
    But also remember that when you attend the appeal hearing they may wish to know how you cannot be fit for work but still be able to take care of your mum.
    On the other hand they may not know what you have applied for or whether you even have a job or have signed on, but I would be very surprised if the DWP don’t tell them to make your appeal even more difficult.
    So then try and see if you can match the descriptors that are relevant to your right to ESA, but doesn’t clash with what you have to do for your mum.
    For an example, suppose you say you cannot lift your arms ? then how can you cook for your mum if you cannot even lift your arms, who does the cooking then ?.

    Perhaps you don’t need to do anything physical, just watch her because she is confused and leaves the cooker on all night or the bath running etc. Comprende ?

    You see ? the descriptors must be relevant to you somewhere in there.

    Comment by dwpexamination — March 5, 2013 @ 7:23 am

  475. Thanks for the advice much appreciated

    Comment by caroline — March 5, 2013 @ 9:53 am

  476. How long does it take for an appeal to be heard? What is the current record? I “failed” my ATOS medical in September. I submitted an appeal with a letter of support from my doctor along with a “sick note” for three months. I am going to see my doctor tomorrow for the third “sick note”. Fortunately I have a supportive doctor.

    Comment by annie — March 5, 2013 @ 9:10 pm

  477. Hello annie.

    It usually takes around six to nine months for an appeal to be heard, depends on what part of the country.
    As for the current record ? the latest figures have been consistent and is around 39% winning their appeals, this apparently rises to around 70% winning appeals if they have some kind of representation.
    These are the DWPs own figures, and I suspect they are fabricated as well, I believe the figures are higher, because figures don’t stay the same year after year, and the DWPs figures are always the same, this leads me to think that they are fabricated figures, as is all figures emanating from the DWP.

    Comment by dwpexamination — March 6, 2013 @ 6:13 am

  478. Breaking news – The Glasgow anti-Atos campaigners are currently occupying Atos offices in Glasgow. Around 20 of them, cleverly disguised in suits. Protesting noisily and the media present. GO GLASGOW!!!!

    Comment by Katrina — March 6, 2013 @ 11:50 am

  479. Cadogan street Glasgow, named after Lord Cadogan, another right wing Tory efwit.

    Go Glasgow, go Glasgow, Glasgow go go go.

    Comment by dwpexamination — March 6, 2013 @ 12:00 pm

  480. Thanks for the reply. I do not have any one to represent me. Who do you suggest?

    Comment by annie — March 6, 2013 @ 12:30 pm

  481. Well done, got their point across and no arrests!

    Comment by Katrina — March 6, 2013 @ 12:32 pm

  482. What city are you in annie ?.

    Comment by dwpexamination — March 6, 2013 @ 8:44 pm

  483. Brighton & Hove

    Comment by annie — March 6, 2013 @ 9:30 pm

  484. Hi agree regarding how long appeal takes,luckly I had a good advisor at CAB who put togather everything for my appeal in a legal way, my appeal was 26th feb,and was due to go there but got a phone call from the usher to say the doctor and judge had read the bundle sent in and my appeal was upheld, without having to go there, went from 0 points to 18 points, and it says by the judge no reassessmemt within 24 months.
    So please appeal

    Comment by ray — March 7, 2013 @ 12:55 am

  485. There must be a welfare rights department in Brighton Annie surely ?. Phone them up and ask if they can help.
    I know the Citizens advice bureau help people but they are truly swamped at the moment, it doesn’t matter what part of the country.

    Ive never used the CAB personally, but some people have had luck with them, I usually just write on the GL24 appeal form that my local welfare rights will represent me so please send my appeal bundle to them, but I live in one of the biggest cities in Britain where they have welfare rights, Ive been told that in some of the smaller Cities that facility is not available.

    Comment by dwpexamination — March 7, 2013 @ 5:21 am

  486. Hi Ray.

    Just because the judge recommends you not to be assessed for at least two years doesn’t mean jack shit, that’s what the judge told the DWP about me as well, but I have found that when the ATOS scum want to assess you then they will, and whenever they want too.

    So expect them any time in the future to send you a white envelope with a letter in there saying the usual rubbish ”We were asked by the Department of work and pensions to etc etc”.
    http://www.dwpexamination.org

    Comment by dwpexamination — March 7, 2013 @ 5:31 am

  487. Hi, I asked for your advice in Feb after I failed my tribunal and because my disability has got worse since the failed Atos Medical, you advised me to re-apply for ESA. I did this and I received a letter stating that I do not qualify for ESA as I have not payed enough tax and contributions. I phoned them to say that as my condition is worse, I’m able to apply again, I was told that I can’t re-apply because I failed the medical. He asked if I mentioned at the tribunal that my disability has worsened, I said yes, and he said well they take that into consideration, I said they don’t as the judge told me to answer questions in regard to how I was at the time of my Atos Medical in June. He says I’m not eligible for ESA. I took your advice and re-applied, is what he is saying is true, or is he lying to me?
    Anne.

    Comment by Anne — March 7, 2013 @ 4:47 pm

  488. Hello Anne.

    First of all never talk to the DWP on the phone about anything important, you might not know this but the phone operators are clueless and work of a script.
    If you need anything from the DWP then write to them, so then you can re-apply if six months have passed since the decision maker informed you that your work fit, and your condition has worsened or you have a new health condition, you must produce a sicknote when asked.

    This nonsense that you are not entitled to ESA because you haven’t enough national insurance contributions is a standard trick the DWP use to fob people off.

    It’s true that you may not be entitled to ESA if you do not have the relevant national insurance contributions, but they forgot to mention – actually they didn’t forget, they just conveniently didn’t tell you - you may be entitled to income related ESA, and that obviously depends on your household income, if you have £16,000 or more in your account or you have a partner who earns more than £149 per week then you will not be entitled to ESA, only JSA.

    Comment by dwpexamination — March 7, 2013 @ 6:51 pm

  489. Hi,
    I’ve messaged on here before, i’d recieved a letter saying the dwp were now going to take my case to the tribunal stage. I was then basically waiting on the big letter from them with a copy of all my appeal papers in it, I just recieved that letter today. I shall get in touch with welfare rights again on Monday, but just wanted to know if you know how long it will now take, from recieving this letter until the actual tribunal decision please? Is it another long wait or will things start to move more quickly now that they have sent me a copy of the appeal papers?

    Comment by Heather — March 9, 2013 @ 1:31 pm

  490. Hello Heather.

    Now that the DWP have forwarded your appeal to the appeal service then waiting for the hearing can take anything from six months to nine months or even longer to be heard.
    It all depends on what part of the country you are in, some of the big cities in Britain like Birmingham and Glasgow can take nine months.
    As I said it just depends on how busy they are, the latest word is the tribunal service are very busy indeed.

    Comment by dwpexamination — March 9, 2013 @ 1:50 pm

  491. Hi,

    Thanks very much for getting back to me, i’ll contact welfare rights again tomorrow. I think they should be able to help me more now that I have received the big letter containing all the appeal papers inside. Many thanks again for your help.

    Comment by Heather — March 10, 2013 @ 12:05 pm

  492. Hi, my partner has been through the Atos nightmare once before, he was forced back onto Jobseekers, left feeling demoralised, vulnerable and like he was some kind of charlatan or liar! He appt is on the 18th of March (we have already had to move it once because I could not get the original date off work and he can not drive to the appt) My question is, is there any way to appeal even going to the appt? Last time he was left worse off (emotionally and mentally) than before he went. (Do no harm is not a policy but a fanciful notion when dealing with these people!) We are finally 3rd on a list he has been on for nearly a year to get some help and now this.

    This site has been so very useful, just reading it through has made me determined to appeal and keep going, which naively, we never even considered doing last time.

    Comment by Gill — March 10, 2013 @ 1:40 pm

  493. Hello Gill.

    A condition on getting ESA is a face to face and is necessary when and if the say so, sometimes they concede without a face to face, but that’s rare, to get sickness benefits one must either present oneself for an examination on their fitness to work, or be granted a domiciliary visit for the examination.
    So even if you can only crawl, somehow or other they will insist on that face to face, even if they do have to come to your home.
    A non attendance will only encourage ATOS to inform the DWP that they recommend your benefits are stopped. An appeal against going to the appointment is only possible if they refuse to come to your home for the assessment.

    Comment by dwpexamination — March 10, 2013 @ 6:01 pm

  494. Thank you so much for your help, we will go and see what the outcome will be. With the knowledege and determiantion to go to appeal if it goes against us.

    Comment by Anonymous — March 10, 2013 @ 7:05 pm

  495. I have had my income support stopped as got 0 points for the new ESA. I was about to appeal but I am moving home acroos 2 counties in 7 weeks so how would that effect my appeal as i will need to register with a new GP for fitnotes etc… what would you advise i do? I scored well over 15 points under the old system but 0 points now??!!

    Comment by DJC — March 16, 2013 @ 1:38 pm

  496. Hello DJC.

    You are entitled to ESA, it’s your right to appeal, so that’s what to do appeal, not unless you feel you are fit for work.
    Giving the DWP your new address and advising them you are moving there is all you can do, when you see your new GP then of course you just explain your circumstances and ask for the sicknote etc.

    So don’t let that put you off, appeal and demand your rights to an impartial hearing.

    Comment by dwpexamination — March 16, 2013 @ 9:48 pm

  497. Hi I’m going through a tribunal at the mo for esa I’m getting assessment rate esa and I’ve just got a concil tax bill saying I have to pay £71 a month which is nearly all of it ? Is this right ? Thanks

    Comment by Lee — March 19, 2013 @ 7:02 pm

  498. Hello Lee.

    This tyrannical Government have passed a law recently saying we must pay more of our council tax ourselves, I have to pay around twenty a month now, but your £71 a month (Which is the whole weekly assessment rate) seems way over the top.
    You should write a letter to your housing department and explain that you receive £71 a week assessment rate of ESA and you would like to know why that could be, insist they must have made a mistake – yes they do make mistakes – and ask for them to look at it again.

    Comment by dwpexamination — March 20, 2013 @ 7:12 am

  499. Hi Guys i been reading all amount people have same issue myself on 05/03/13 my ESA was stop being points system that being used 0 out of 15 Points, i currently still sign off by my own GP because my current health issue i have sent in my letter to Appeal the review and looks like not only person in this boat what also makes hard is fact only myself bring in Money support my Family my wife and my daughter and moment to this letter looked at money will be very tight and short. I look other way see what can do but lost how get best information because never meet any one had issue in my life and this current road taking new to me, i always work in my life from day left school to now what makes over 15+ Years for last year been unable to work due amount pains but i glad found this site.

    Comment by petetreanor — March 20, 2013 @ 4:58 pm

  500. Hi Peter.

    I hope you’ve appealed and got your ESA85 assessment report etc. If you need help with that then log in to our sister site http://www.dwpexamination.org and get that help. Don’t mess around because the DWP don’t care if you have kids and have no money, they will just let you starve..it’s terrible.

    Comment by dwpexamination — March 20, 2013 @ 7:49 pm

  501. Noticed on your forum your post a while ago about the government considering stopping ESA payments during the pre-appeal DWP reconsideration stage – and obliging those who wish to appeal to do the reconsideration stage first. Whereas, now, you’re able to launch an appeal and you get paid during it. (for such appeals, the DWP still does the preliminary reconsideration stage, but because you’ve launched your appeal you get still get paid.)
    Do you happen to know if, after next month, they’ve changed things i.e.forced people who wish to appeal to first request the DWP to reconsider their decision, and not pay people during that reconsideration stage?
    I can’t seem to find anything on the web about it.

    Comment by David J — March 21, 2013 @ 5:03 pm

  502. Hello David.

    That’s the new law, and starts this April, if you are assessed by ATOS and found fit for work and you wish to appeal then you will have to request a reconsideration first, you will not be paid during the reconsideration stage, and will only be paid whenever the DWP decision maker forwards your appeal to the tribunal service.
    Now…if the DWP were honourable people it shouldn’t be a problem because it could be dealt with inside a couple of weeks at most, but it is a problem because the DWP are not honourable people, they wouldn’t be even doing the job if they were, so you can see if they want to drag the reconsideration stage out for months on end then they can if they wish, and believe me they will do, using petty excuses like we request more information from your GP or hospital, we haven’t received your sick line therefore in order for us to reconsider your appeal please furnish our office with a sickline etc, or please send us a reason why your appealing, or we cannot forward your appeal because that is not the correct appeal form, as you can figure out for yourself the laundry list of petty demands could be endless.

    Go to our sister site David and exercise your right to be informed.
    http://www.dwpexamination.org

    Comment by dwpexamination — March 21, 2013 @ 7:33 pm

  503. Thanks for your reply. Incredible isn’t it. The government clearly did this, to try to stop people applying – appealing – being paid – losing appeal – then re-applying. Of course they forgot the small issue of the individual not actually having money to eat and live in the mean time. Unbelievable. Thanks again. I’m waiting on an appeal I’m assuming that because I appealed a month ago I will still get paid between now and the hearing, because my appeal form was sent in well before the April change.

    Comment by David J — March 22, 2013 @ 10:12 am

  504. Yes David you should be OK, but remember the Government bring in laws out of nowhere, who is to say they haven’t sneaked one in retrospectively saying anyone applying before April will not be paid at the reconsideration stage ?.
    Unlikely but I wouldn’t put it past them, so don’t take anything for granted as far as the DWP are concerned.

    Comment by dwpexamination — March 22, 2013 @ 1:18 pm

  505. Medical Problems I have –

    Problem 1 – Hep C Geno type 3, a decease that slowly attacks the liver and can go un-noticed for a least 20 years (recon i got it while my mother was pregnant with me) got diagnosed with it summer of 2011. I started treatment for that in June 2012 and as it was type 3, i was only required to undergo 26 weeks of treatment instead of 48 weeks, which i finished at end of November.

    Problem 2 – since 1999, i have had a problem with my knee, and with loads of MRI scans and x-rays showing nothing, In October 2012 and February 2013, by 2 different doctors I have torn the cartilage between my knee cap and my tibia, which is painful all day every and sore to walk. some days can be worse than others, take today, i can walk normally but with pain, but last night i could not walk at all,, which happens all the time with me… Anyhoo…..

    I started claiming ESA June 1st 2012 due to undergoing the medical treatment that i was starting the following week. when i got the questionnaire through the door, I found out while talking to someone at my job centre that i could also inform them about the knew problems that i have as well as the treatment i am receiving. So i did so and sent it off, August 22nd i went for the medical, that was one of the days that my knee was severely sore and i struggled to walk, so was hoping that this would help in my favor, (who the hell was i kidding lol) Sept 2nd i sent in a Medical Cert, and on 10th.. got a call saying that i was found fit for work and that the medical cert that i had just provided was overturned.. so had to get another Cert and then hand written a letter of appeal.

    Was 7th of Jan 2013 before i heard anything back saying that the think that the decision should stand and that it would be going for tribunal. That was eventually set for Friday March 15th, at 2.30pm. I turned up and knee was playing up, but not as much as the medical. had a chat which lasted around 10 minutes chatting about my Hep C and more importantly the Knee. then i went home.

    For the appeal i never went for any help as i was unaware on who or what out there could actually help me in this case. so i was a loner in this situation.

    the very next morning i get up and there is a letter….. It states that “The Appeal is allowed” I am now on ESA WRAG, “this is because insufficient points were scored to meet the threshold for the work capability assessment, but regulation 29(2)(b) of the ESA Regulations 2008 was applied,

    “the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work.”

    Basically the tribunal has decided that the liver decease is the one thing that is to be used as an Exceptional circumstance and not my knee which i thought i was getting it for.

    But as this site says and what other users have been saying, always appeal, you never know what will happen, and loads of reports out there are showing that loads of people that appeal are winning… plus the money that Atos received for for kickin my sorry ass off of ESA was probably used towards the tribunal, which was held in the exact same building that Atos owns and conducts their medical assessment.

    Comment by Eric Watters (@StiffyScotland) — March 24, 2013 @ 3:20 pm

  506. Congratulations Eric on winning your appeal, they will be back one day though so get prepared, and learn your rights because knowing and not knowing can be the difference on your next appeal, also try and get help from welfare rights next time, because some of the tribunals see a person without help and play on it..!!

    Comment by dwpexamination — March 24, 2013 @ 3:47 pm

  507. I had my appeal today, and I won, they told me they could only talk about and ask questions about the report form ATOS and how I was that day back in July, my OH was allowed in, but not allowed to speak unless they asked him questions.
    it was very gruelling and hard, I was in tears before I went in. But the judge stopped it half way through and told me I had won, and she would be writing to me officially with her decision. 1 down now DLA appeal to go.

    My OH asked if he could ask some questions about ATOS report, and was told by the judge NO not to speak of it, and if we had a complaint to make against it, there are procedures where we can complain, but I do not know where that is.

    I am glad it is over

    Comment by Sue04 — March 27, 2013 @ 7:38 pm

  508. Thanks for sharing that Sue. Can I ask – when you say they said you could only ask questions about the report and how you were that day in July – I can understand in a way that they need a point in time to assess someone, i,.e. not take into account later factors. However, the Atos assessment is, by law, supposed to give the assessor a picture of a person’s condition overall, in other words it shouldn’t give a snapshot view of someone’s health, as obviously a person may be having a good day (especially if it is a mental or behavioural issue, as mine is). I’m waiting on a DWP reconsideration after they awarded me only 6 points – so I may yet have to go to an appeal hearing.

    Also, how long was it from the date of the DWP’s letter telling you of their initial decision to fail you, until the actual appeal hearing?

    Thanks.
    Good to hear you won today.
    David

    Comment by David J — March 27, 2013 @ 9:01 pm

  509. Hi Dave
    they said they were dealing with the report from that day, but I had sent tons of medical evidence of my condition, from before the ATOS, and since then, and I know they read over it before I went in. even though they said the hearing was for the report and not if my health had had got worse, I am sure they did take it into account.

    I went from 0 point to having my appeal granted.
    It took 7 months from the failure letter til the hearing. I hope you are successful

    Comment by Sue04 — March 27, 2013 @ 10:31 pm

  510. Congratulations Sue on winning the appeal, the panel didn’t want to talk about the ATOS report because they were embarrassed, in their hearts they know it’s a festival of lies.
    You can find out the addresses where to complain about either ATOS or the DWP here at our sister site
    http://www.dwpexamination.org

    Comment by dwpexamination — March 27, 2013 @ 11:16 pm

  511. Thanks for posting the link,

    Comment by Sue04 — March 28, 2013 @ 9:05 am

  512. Thanks Sue for letting me know – all that helps me with my possible appeal hearing (if the DWP reconsideration doesn’t bring any luck first).
    David

    Comment by Dave J — March 28, 2013 @ 3:01 pm

  513. hi,iv read all of the peoples things on here,mine is much the same,omg its a discras to be british is it not,im not that good on pc so bare with me please.i was a plasterer for 20 years and also lumberjack.i had a accident and broke my left heal and bit of damage to left shoulder,after a lot of work i was awarded long term disability ,since iv had 3 medicals with the crooks from asos ,lost first by 1 point got it on reasesment cos i complaind that all the asos man had put was lies and my gp and surgen gave me letters to apose what they had put,just had another one with them nothing change and they say i hear in 2 weeks,3 weeks later get a call on phone and say that i cant have esa,and i would have to sighn on jobseekers.i say i cant walk far and in constant pain with foot ,the man on phone say get a wheelchair,i was in shock ,i say i will see my surgen and see what he has to say ,the man say ok you have 2 weeks to send letter from surgen.they send me a letter today not say nothing about my points just a copy of some of the things they ask and ask for the surgen to put what he thinks i can do.? at the end of letter a message to the surgen ,say dont forget the use of a wheelchair for getting around ,is this a joke,if your in a wheelchair are you not desabled anymore,im a strong minded person but since accident 6 years ago ,iv lost my use of my foot,iv lost my wife and my family,and im starting to loose my mind whith thease people,what can i do ,they are killing me with the way they treat us,animals have more rights than us ,can we get a r,s p,c,dp it seems unfair ,can i ask to see report ,thanks mark

    Comment by mark11111 — March 28, 2013 @ 4:52 pm

  514. Hello Mark.

    Don’t mess around, there’s no need to send them anything from your surgeon because they will not take a blind bit of notice of it anyway, so get cracking and send them a letter saying you do not agree with their decision that you are fit for work and therefore would like to appeal to the independent tribunal.
    In order for me to appeal could you please forward to me a GL24 appeal form and my ESA85 assessment report, I understand in order to comply with the law I will have to supply your office with a medical certificate, this will be forwarded with my completed GL24 form, moreover while I wait for the appeal to be heard I wish to be paid the assessment rate.

    So you need the GL24 form to appeal Mark, there is no need to send the surgeons report to the DWP until you have composed the appeal first then you can attache a COPY of the surgeons report to the GL24 form.

    If you are struggling with the computer and need help to compose the appeal then you can get that help by logging in and asking at our sister site http://www.dwpexamination.org

    Comment by dwpexamination — March 28, 2013 @ 9:22 pm

  515. thank so much,if i had not found this site i would be lost,they were so bullyish on the phone and so arrogant,i will come on here often to see whats going on and tell you of what happens,thanks again, mark

    Comment by mark11111 — March 28, 2013 @ 9:36 pm

  516. hi its mark again,the letter they send the return envalope is jobcenter plus wolverhampton,st stephens street birmingham,is this right?all this is confusing,iv done a letter like you said ,i will right another copy the same.is it better to send recorded or not,thanks for all your help on here,1 more thing i cant get onto the sister site for some reason,thats why i come back to here.,thanks so much mark

    Comment by mark11111 — March 29, 2013 @ 10:09 am

  517. Hello Mark.

    You can only use the return envelope they supply you with, if the envelope is the DWPs own return envelope then there’s no need to record the delivery because it will not make any difference into whether it gets there or not.
    The sister site was down for temporary maintenance, try again later on.

    Comment by dwpexamination — March 29, 2013 @ 11:44 am

  518. hi again,the one they send is jobseeker plus wolverhampton bdc ,as they said on phone if you can use wheelchair for 30 yards then your fine for work ,.thanks i will try to get on sister site ,thanks again,i dont feel so alone with this site ,

    Comment by mark11111 — March 29, 2013 @ 2:43 pm

  519. Hello Mark.

    You should have asked him/her who says if you use a wheelchair for 30 yds your fit / fine for work ? how in the hell would you know ?
    And add who told you that rubbish anyway ? Iain Duncan Smith ? the well known liar, the CV forger, maybe you saw it in the Daily mail then ?.
    And just keep hammering away at them, that’s what I do, they stopped phoning me after a while. Your incorrigible one of them said to me LOL.

    YOU’VE GOTTA GIVE IT TO EM MARK.

    Comment by dwpexamination — March 29, 2013 @ 5:23 pm

  520. yes,no such thing as disabled now ,its crazy ,i say to them your saying that if i turn up at jobcenter in wheelchair im fit for work ,?he said yes,i say my foot dont move and constant pain.he say pain isnt a issue anymore you can work with pain ,i say the foot is useless ,he say i know just get a wheelchair,,they can say what they like do as they please and get away with it,we all have to make a stand against them,,,then they would say looooooooooooooook they can stand,its a joke,,

    Comment by mark11111 — March 29, 2013 @ 9:03 pm

  521. Mark…Smack his kneecap with a hammer and you will soon see if pain is an issue in his life..LOL.

    Comment by dwpexamination — March 29, 2013 @ 9:16 pm

  522. i was going to say to him that im a very honest man and say that would give me no chance of all of working for them ,

    Comment by mark11111 — March 29, 2013 @ 9:31 pm

  523. The more help is appreciated. .I nearly overdosed last week.. All i no i m scared to d

    Comment by lisajw — March 30, 2013 @ 2:05 am

  524. That’s why we’re here..!!

    Comment by dwpexamination — March 30, 2013 @ 7:20 am

  525. What kind of help are you needing ?.

    Comment by dwpexamination — March 30, 2013 @ 3:50 pm

  526. we all have to help one another ,this site is great help,im so glad i found it in time of need.,your never alone, it helps so much that others going through the same as yourself,and is great to tell others whats happening to you.your never alone ,

    Comment by mark11111 — March 31, 2013 @ 2:14 am

  527. Everyone should read in full Clause 99- Welfare Reform Act 2013

    Comment by Joe Log — April 1, 2013 @ 9:36 am

  528. Just received the letter from tribunal asking if i wish to proceed etc and informing me that if so, in time, i will be sent a date.. They also ask me to submit any supporting evidence i.e. a doctors report etc. I contacted my surgery and the receptionist said they ‘don’t do these things’ unless the dwp request it (i have made an appointment to see the doctor anyway). The tribunal letter states that i must produce documents such as a doctors report by my own effort and not to expect them to obtain one. What do i do now??? I also need to know who should represent me. I have a counsellor so would a report from her do and should/would she represent me if not, who else should accompany me.?

    Thanking you in anticipation

    Comment by Katrina — April 2, 2013 @ 1:49 pm

  529. My partner won her I/B tribunal on 26th of February 2013 and DWP are saying they are still waiting on Circumstance of Reasons before they decide to appeal to Upper Tribunal or not is there anything we can do to speed this up as it has been 5 weeks since she won appeal

    Comment by Brian — April 2, 2013 @ 1:55 pm

  530. Hello Katrina.

    They want you to provide the medical evidence in the form of a report from your GP, the DWP will not apply on your behalf, this means you have to see your GP via an appointment and ask him to prepare one for you, it costs money and that’s the sticking point.

    Comment by dwpexamination — April 2, 2013 @ 1:59 pm

  531. Hello Brian.

    It can take up to six weeks or even longer before the DWP get back and inform you that you have officially won your appeal.
    The longest I’ve ever waited is two months.

    Comment by dwpexamination — April 2, 2013 @ 2:02 pm

  532. Thanks for your reply do DWP take it to an Upper Tribunal very often?

    Comment by Brian — April 2, 2013 @ 2:07 pm

  533. Don’t know what you mean Brian ?. I’m not following what your saying.

    Comment by dwpexamination — April 2, 2013 @ 3:50 pm

  534. Katrina,
    I think there is a form the DWP can send to a doctor to ask if and how a patient’s illness/condition affects their ability to work. It’s called ESA113. It’s on this page:
    http://www.dwp.gov.uk/healthcare-professional/guidance/

    I think it somewhat unreasonable of the doctor’s surgery to say oh, we don’t do that sort of thing. Doctors are, or should be concerned with purely medical issues, and I some are starting to feel compromised by having to enter the whole ESA thing. However, I got a doctors letter, but first I wrote to him saying why it is so important that he considers doing it for me – having ESA stopped, not being able to survive financially. It took a good few weeks, but eventually a letter arrived (I would have chased him if it hadn’t!) and it simply stated my conditions – nothing there about how it affects my ability to work. I’d goine into quite a lot of detail in my letter to him about how my conditions affect me, explicity stating the Atos/DWP assessment descriptors. He chose not to use them in his letter back to me, and which I passed on to the DWP (a copy, NOT the original). I would have preferred more detail in the letter from him, but what can I do?… at least he wrote something.

    Back to the ESA113 – I’m not sure if or when the DWP ever use it. May be worth asking the C.A.B. I think I’m right in saying the DWP have the right to get medical information directly from your GP, but it seems not obligatory – which seems silly – it would save them and us a lot of time and worry if they asked the doctor about our conditions/illnesses, etc.

    I think it worth explaining – perhaps in a letter – to your doctor why it is vital that you get a letter, politely, of course. If still no joy, then I’d personally change my doctor.

    Comment by Dave J — April 2, 2013 @ 3:56 pm

  535. Hi Dave J, Thankyou so much for your reply. I think its a nonsense that a doctor refuses to assist you in this as the whole fiasco is of even further detriment to your health in terms of stress. I will go to the appointment and beg! What do you think re a report from my counsellor if all else fails, do you think that would suffice? She knows me better than anyone i would say. Also with regard to who would be best to take along and speak for me on the day, would that be my counsellor, CAB, Welfare rights who do you suggest?

    Comment by Anonymous — April 2, 2013 @ 6:28 pm

  536. Yes, certainly, from what I’ve been told (by for example Age Concern, although technically I’m too young to use Age Concern!), any evidence/letters are useful. If you can have your counsellor write a letter, try to supply then with as much information as possible before they write the letter, in relation to the descriptors (what Atos uses to assess you). Say why your condition prevents you doing this or that, in relation to these descriptors. Copies of the descriptors are on the internet. Bear in mind that a counsellor will have no knowledge of Atos/DWP/ESA, so you have to spoon-feed them. Hopefully they’ll help you.

    A doctor’s letter, though, is apparently the best thing of all. Of course, if your counsellor is highly experienced and qualified that is great, but the judge will almost certainly look even more favourably on a doctor’s letter. Do everything you can. Find out your counsellor’s qualifications, and include that as part of your personal evidence. I’ve appealed, but at the moment the DWP are reconsidering their decision. I sent in a doctor’s letter, a therapist’s letter and a massive letter from myself, going step-by-step through all the descriptors and why I thought the Atos assessor’s logic on the decision letter was wrong. I just told the truth. She was awful, and was clearly looking for any small reason to find me 100% fit. It took me about two days to write. I did everything. I even used the rights we have under the Data Protection Act to find out the Atos assessor’s qualifications, which showed she has no knowledge of my conditions. Also the DWP’s records had her on record as being a doctor, but she is a nurse. So I included that in my letter as well.

    God, I hope I win after all my effort!!

    Keep copies of letters. Write down dates you send stuff to the DWP. And consider using Recorded Delivery as well.

    Everyone works in different ways – I found writing to my doctor better, as I’m okay at writing letters – and in a letter he can see in black and white, and calmly, why it was vital for him to write me a letter, which I could then pass on to the DWP.

    As for someone to help at the hearing – I am still myself trying to find someone. CAB apparently can’t do it. If you’re over 50, Age Concern should be able to help. My local Age Concern is brilliant, they represent people and often win appeals. Someone there gives me advice by phone, unofficially. I rang lots of places: Mind, Disability Association, CAB, etc., and am still looking for a representative or whatever they’re called. Also, sometimes, apparently, the judge does not allow the representative to speak. But it is useful to have someone there, I imagine, and maybe they could advise you in the next few months – advice about what to write in letters, etc. I think in some areas of the country people are finding representatives/advisors more easily than other parts of the UK. On many of the calls I made asking for help, I had the distinct feeling that some of the charities didn’t really care. Nice websites, etc., but no help forthcoming. But that could just be my perception. I’m just naturally cynical.

    I also understand that some people are winning their appeals because of Section 29(a)… I think it’s 29(a)… “Exceptional Circumstances”. It will be worth you looking into that, depending on your symptoms etc. CAB should know about it, or will look into it for you.

    Comment by Dave J — April 2, 2013 @ 7:31 pm

  537. Bless you Dave, i hope you win too! I will follow your advice to the letter and hopefully i can get somewhere. I can understand the CAB not being able to assist as they must be inundated and i am over 50 so Age concern will be my port of call. I already sent a long letter to the dwp stating my argument through each descriptor and as you say questioning the logic of the decision and yes, it took sooo long but the response came back that they had reconsidered and found no reason to change their decision. They have now forwarded my appeal to the tribunal. I will draft another letter in readiness for them. My atos assessor too was determined to find nothing wrong with me. I tried to explain more about my day to day life but he moved on quickly and i came out feeling that he knew nothing of me. I will take a look at ‘Exceptional Circumstances’ and see if any of it applies in my case.

    Thankyou once again, you truly have been a wonderful help! Good Luck!

    Comment by Anonymous — April 2, 2013 @ 9:13 pm

  538. hi again,i went to see my gp today and explained to him that i had atos medical and then i get phone call saying im fit even though my foot dont move and constant pain.and say that they say that if i can push a wheelchair 50 yards then im fit for work?,he said he cant go against atos,i was in shock ,i said what can i do if he cant help.? he didnt know,he say atos is taking over from gp over sick notes and cant be opposed ,i say so i go to job center show my foot that iv,smashed my heel and my foot is in constant pain,then they would say im not fit for work?so no money,and i cant get incompasity or any money.?he say its a strange one but nothing he can do.he said that he was going to be a buissy man,i said yes very,i cant beleave the power of asos,i say i would see my surgen,he say will probibly do no good,im in despair, regards mark

    Comment by mark11111 — April 2, 2013 @ 10:27 pm

  539. Mark.

    That’s rubbish he can’t go against ATOS, he’s a Tory lickspickle mate pure and simple. Your going to have to change your GP, there’s no other way if he will not help you.
    And it’s not a strange one, he’s the strange one.
    Well if your own GP refuses to help you then what hope is there ? you need to get away from him as soon as possible, a GP like that is extremely hazardous to your health.
    Tell him you would like a sickline ? if he refuses then demand not ask DEMAND that he puts in writing right now that you are fit for work, and while he writes it then tell him if anything happens to me then I will personally hold you responsible.
    And watch him crap it, he might even outright refuse to put that in writing, then you say well I’m not fucken leaving this surgery until you put it in writing that I’m fit for work, so here’s the paper and here’s the fucken pen, so get fucken writing now, and I’m warning you again, if anything happens to my fucken foot I’m holding you personally responsible.

    I THINK YOU WILL NOT GET THAT LETTER, I THINK YOU’LL GET A SICKLINE INSTEAD, BLOODY CHANCER THAT HE IS, WISH HE’D TRY THAT WITH ME, I’D PUT THE LITTLE TORY BASTARD IN HIS PLACE.

    By the way even though at the moment you have no medical evidence you can still appeal and change your GP and ask your new GP for a full medical assessment on your health, do not mention appeals (COMPRENDE ?) wait until the assessment is over and ask him/her what there conclusion was, and if favourable to you then ask for a letter (Which you will have to pay for) because you are appealing an unfair fit for work decision.

    Comment by dwpexamination — April 3, 2013 @ 1:03 pm

  540. Katrina, sounds like you’re on top of it. And good that you may be able to get help from Age Concern. Your Atos assessment sounds quite similar to mine. Actually, according to the law on this, they’re obliged to try and find out about an applicant’s condition over time, not just a snap-shot of any one day (for example the day you attend). In other words they’re supposed to ascertain a typical day (not that is always a typical day in many mental health conditions), not just say a better day. I made the mistake of mentioning that I’d been to the supermarket twice in a month (having agoraphobia) and she took that to mean I have no problem at all, and ignored all my other comments about the symptoms I experienced while visiting the supermarket. Again and again, on the decision letter, this issue of having visited the supermarket was thrown back at me. The assessor must have mentioned it three or four times in a short letter.
    Good luck with it, let us all know how you get on.
    Dave

    Comment by Dave J — April 3, 2013 @ 4:09 pm

  541. Dwpexamination – I take your point, but it isn’t just the Tories, is it?… Atos were hired by Labour, and Labour voted with the Government a few weeks over an issue of welfare reform, and they have zero intention of reversing ANY or these new benefits laws. It’s a bit easy to say this is all caused by one party. I think the GP in question was a fascist lickespittle, not a Tory lickspittle, and next parliament he’ll be a Labour lickspittle, or whatever party is in power, because recent governments are all the same.

    Comment by Dave J — April 3, 2013 @ 4:14 pm

  542. Look Dave…Get it right, new labour are Conservative, it’s the same present wrapped up in a different box.

    ”Recent governments are all the same”…tell me something I don’t already know will you…………….JEEEEEEEEEEEEEEEEZ.

    So Tory- fascist-New labour = THE SAME.

    Comment by dwpexamination — April 3, 2013 @ 5:04 pm

  543. I agree. I suppose I replied because I wondered why you said the GP was a Tory lickspickle, when it doesn’t matter which party is in power – just saying it’s not a specifically Tory problem. I think this is important. Not saying you do this, but so many people still rally behind Labour with some mad, old-fashioned idea that they’re still the party of Michael Foot. The consequence is that Labour get away with lying and NOTHING ever changes for the better.
    Anyway, cheers for the reply. Good site too, useful – thanks.

    Comment by Dave J — April 3, 2013 @ 5:12 pm

  544. That’s what I’m trying to get across mate, I’m agreeing with you, I have no love for new Labour because they are in bed with the Tories, which in my book makes them all the same…TORIES.
    I took one look at Blair in 1997 and went straight down and voted the local socialist representative, because after reading her condensed manifesto, at least she had a social conscience.

    Cheers Joe.

    Comment by dwpexamination — April 3, 2013 @ 7:10 pm

  545. Hi if you have contacted CAB they will send a letter to your GP asking for a report, very few will do this if you ask.
    My GP had a letter from my CAB benefit advisor, asking for a report,and did it without a problem.
    Maybe I was just lucky, but if you ask they normally charge.
    So if you have not gone to CAB please do so, I found them very helpful in my appeal.

    Comment by ray — April 3, 2013 @ 7:27 pm

  546. Hi there hope you can help with this queery ,i am awaiting my tibunial hearing and last week got a letter through saying my 6 month sick line has run out and a new one is needed to continue my money ,it ran out on 2nd of april and mr dr has made a new 6 month one 3rd of april,problem is the line is at the drs and it is getting picked up today but my money which was due today has not been payed have i lost this or will they give me it when my line has been handed in any help would be appreciated tx

    Comment by staggers — April 4, 2013 @ 7:59 am

  547. Hello Staggers.

    You will be paid back to the date of the sickline, for instance suppose your line says 4th of April ? then the DWP will look upon that as an opportunity to deduct 1 or 2 days assessment money (They are not supposed to do that but sometimes they do because they can be right bastards), if the sickline signed by your GP says starts from the 2nd of April then your money will continue as before except for the delay in putting it in to your bank account.

    Comment by dwpexamination — April 4, 2013 @ 9:16 am

  548. ok tx thats a relief

    Comment by staggers — April 4, 2013 @ 9:19 am

  549. UPDATE….. Ok, i went to my doctor today and told her i needed a doctors report for my appeal. She said once again that they didnt do that and that normal procedure was that the tribunal requests one and she sends it to them, so she refused me. In the information sheets i received from the Tribunals Service it states ……..’Please remember that it is your responsibility to obtain the evidence, including any evidence from your own doctor, you need to support your case. You cannot assume that the Tribunal will obtain that evidence for you’…….. so i rang them and told them what my doctor had said. She informed that my doctor was wrong and that the TS does NOT make that request. So i rang the doctor back, relayed to her what the TS had said and she said ok, she would give me one. I asked how much it would cost and she said it depended on how much information they required. I told her that they would require my diagnosis and how this affected my life day to day life impacting on my ability to work. She said that would cost £30.00. I tried to give her some extra information as to how my condition affects me and she said she could only put what was in her notes. I have only been with this surgery for four months as i changed address and appointments are very swift, usually asking re my medication, giving me a repeat and out. There is never enough time to really say much. I have however told her to go ahead with the letter. I will also ask my counsellor to prepare a report as she knows me better than anyone and i’m sure her report will be much more beneficial to me.

    Comment by Anonymous — April 4, 2013 @ 8:49 pm

  550. Sorry, the above post is from Katrina

    Comment by Anonymous — April 4, 2013 @ 8:50 pm

  551. Hello Anonymous.

    I thought you were going to say that the GP still insists the tribunal service have to request medical information from your GP, and this is what I’m trying to get across to everyone, it is your own responsibility to see your GP and pay for and obtain a written report on your health, neither the DWP nor ATOS or the tribunal service will do it for you, your GP was not only wrong she actually lied to you, because they know fine well by now it’s the claimants responsibility.

    The truth is, the GPs are between a rock and a hard place (Of their own making), because they are being swamped with requests for written reports and they can’t cope, so that’s the real reason why she lied to you.
    Well the GPs themselves have to do something about that, and tell the Government that they just can’t cope with the demands for reports any longer and they the Government better come up with a solution to this problem and come up with a solution quickly, because it’s going to get worse and worse and worse if they don’t do something, so since it’s your (The patient) responsibility to see your GP for a written report, it’s the GPs collective responsibility to contact the Government for a solution into what I can only describe as they’re crisis.

    If they don’t act quickly – and they should have done it a few years ago – they are going to end up with a whole load of patients threatening physical action if they don’t accede to their requests, I warned my own GP a couple of years ago that this was going to happen, he didn’t appear to be listening to me and absorbing what I was saying. so hell mend him if some violent patient doesn’t get the help they need, and therefore decide to go down their and see him PERSONALLY.

    Comment by dwpexamination — April 5, 2013 @ 6:50 am

  552. Thanks for your reply, sorry for the delay responding. I have appealed as they looked at the decision again and said the same. I have claimed JSA for the time being as need money for moving. Will await the appeal hearing now.

    Comment by DJC — April 6, 2013 @ 8:35 pm

  553. Ok, only a few days ago, i returned the form saying that i am proceeding with the appeal and wish to appear at the hearing. This morning i received my appeal date….two weeks time! I have managed to obtain a letter from my doctor and one from my counsellor but i am waiting for a call back from age concern as i need a representative. I thought i would have more time to do this. what if they cant do it? Iwill lose if i don’t have anyone with me won’t i?

    Comment by Katrina — April 9, 2013 @ 10:27 am

  554. Not necessarily Katrina, don’t forget your representative cannot speak for you anyway, you must answer the questions they ask you.
    So what does a representative do really ? since you have already composed an appeal submission which the panel will read, then all that is necessary is to say good morning/afternoon after they introduce themselves, and move on to mentioning as a reminder to the panel the descriptors you are contending.

    Something like…As you can see on my appeal submission Sir I am disputing descriptor such and such a number, and so on.

    So suppose you are disputing the walking descriptor and is first on the list, they will start by asking you how far you can walk etc and you answer them, then they move on to the next descriptor, suppose that’s the sitting and standing descriptor, same again they will ask how long you can stand for and how long you can sit for before having to seek relief, you answer then they move on to the next descriptor on the list.

    You see ? it’s all about the descriptors, that’s where you get points, and it’s how many points that total up that determines whether you get ESA or not with 15 points being the minimum to be eligible for ESA, they are not interested in kitchen sink drama, or hearsay or what Iain Duncan Smith said.

    The descriptors you are disputing are everything, so learn them before you go and decide in advance what your answer to the panels possible questions are going to be.

    Comment by dwpexamination — April 9, 2013 @ 10:50 am

  555. My condition is a mental one, I have been with my present counsellor for seven months and she told me the other day that she has seen no progress and will now forward me for further therapy. i dont think i can speak well as i become very confused with people. i sent the dwp a long letter disputing my atos test and went through each descriptor but i know i cannot speak with confidence face to face. Will the TS have been given my letter by the dwp? If not can i re do it and hand it to them. I have also become incontinent (since christmas) and i am awaiting an ultra scan. I have been told that this can happen with my condition. This situation makes me so anxious on top of everything else. I can put everything down in print but when it comes to interaction i am all over the place and feel so scared. I despise my life and have thought seriously of ending it more than once. I don’t have enough fight in me and i used to be so strong.

    Comment by Katrina — April 9, 2013 @ 11:48 am

  556. Hello Katrina.

    It’s possible the DWP did not hand your letter to the tribunal, they sometimes hold back information that could help us win an appeal, I myself have been a victim of that kind of DWP deception.
    So if you could re do it maybe even expand on why you cannot interact with people (which by the way that alone you can get points for) and also ask for another date in the future then the clerk of the court I believe has the power to give you some extra time.

    Comment by dwpexamination — April 9, 2013 @ 1:35 pm

  557. Thankyou i appreciate your help i will do that.

    Comment by Katrina — April 9, 2013 @ 1:50 pm

  558. hi dwp examination just want to say a big thank you to you for this site as i would have been lost without it,had my tribunial today and won being placed on the work related activity component for other readers this took nearly 6 months to resolve ,found the dr a bit over the top with some questions but my cab advisor says they had too ask so much because of the massive difference between me and my dr and asos and dwp who gave me 0 points btw so stick with dwpexamination advice and got to cab as they are very helpfull,one last question is i was on incapacity for over 10 years since this all started i have been on the assesment for nearly 6 months which was £71.00 what do i get now and what will i be due if anything in back payments i am in my 40.s any idea any help appreciated tx

    Comment by staggers — April 10, 2013 @ 12:48 pm

  559. Hi Staggers.

    Great to see you won your appeal, it’s terrible you have to appeal at all, but there you go, that’s they way they’ve fixed it.
    Don’t rest on your laurels because like the grim reaper ”THEY’LL BE BACK”.

    You will get around a hundred quid a week for the WRAG, and the working component they denied you will be backdated in to your bank account.
    So that’s six months of weekly thirty quids they owe you, plus the five to six weeks worth you will get before you hear from the DWP in an official letter that you are entitled to ESA because you have won your appeal.
    A handsome sum..!!

    Comment by dwpexamination — April 10, 2013 @ 2:16 pm

  560. ok tx again for your advice answers and support it has been draining and worrying time but you helped a lot ty and i know i will probably have to go through it all gain in a year also AS my DLA, will be getting reviewed in the next year too but think just a year of no worry will make me stronger for the next one as i learn what its all about,one thing i am not sure about is i am due a payment on thurs 18th am i still on the appeal rate and do i still need sickline to cover 5/6 weeks until DWP send the official letter?also if theres anything i can do on the site to help anybody with my experiences let me know tx

    Comment by staggers — April 10, 2013 @ 3:37 pm

  561. Well done staggers, my situation is similar to yours so I will do the same as you, am appealing and will see CAB. Been on IS as unable to work for 8 years and with ESA change over I got 0 points. Seeing you won is great news.

    Comment by DJC — April 10, 2013 @ 6:45 pm

  562. tx DJC ye as dwpexamination says allover this site it’s not unusal to get 0 but still shocks and scares you when you see it,,one thing i was caught out on was the sick line i handed in while awaiting tribunal my sickline ran out they informed me too late to get new one in on time so i have went without money as it takes over a week to get it all sorted so take note of when your sickline runs out and send a new one in i to avoid them stopping your money, i will look out for your posts and also try and help if i can good luck

    Comment by staggers — April 10, 2013 @ 6:58 pm

  563. Hi Staggers.

    You can maybe help on our sister site, nothing special, just being there to reassure others in the same boat would be fine.
    http://www.dwpexamination.org

    Comment by dwpexamination — April 10, 2013 @ 8:48 pm

  564. Thanx for the advice on Atos , I had no idea I could challenge them in this way. I have asked dwp for full report but still waitin and new phone system a nightmare i’m not sure if I can’t cope with going through this a second time. I asked for help from my local cab and they’re so hard pushed financially that they said i’m intelligent and they helped me last time so now i’m on my own because resources are so short they can now only afford to help those who are less able. I have my husband who is also ill but other than that i’m on my own and finding going through this again very traumatic , do you have any ideas of someone local who I can turn to for help?

    Comment by Diane Reece-Barry — April 11, 2013 @ 7:54 am

  565. I was told on the day I had won, and in the letter from the judge was told I should not be examined again for 24 months, so I have a 2 year break from going into this again. and next time thanks to this site I will be well prepared

    Comment by Sue04 — April 11, 2013 @ 8:37 am

  566. Hello Diane.

    It’s true the Government have cut all funding for legal aid and monetary support for the likes of the CAB and other various organisations who are helping people with their ATOS/DWP problems.

    So to get someone to help you now with anything to do with benefits will be pretty tough indeed, everyone wants paid, we are in a dreadful rat race.
    There’s the Benefits and Work website, they do give good information on how to deal with ATOS and the DWP, but there is a yearly charge (£19 I believe) few people help for nothing, no free lunch as they say.

    But there is a website with people on it with appeal experience by the bucket loads, they charge nothing, zero, their only reward is to see you attain your rights. Log in, go to the general discussion page and explain your problem/s and they will help you.

    And that’s our sister site http://www.dwpexamination.org

    Comment by dwpexamination — April 11, 2013 @ 10:29 am

  567. I put together my own appeal with the help of this site (thank you). I am now awaiting my tribunal hearing and have no representative other than myself. Any advise please, on how I have to approach this? Like many other people, I am worried sick about it all. I have already heard from the tribunal service – a hearing date has yet to be fixed. Thank you.

    Comment by annie — April 11, 2013 @ 2:17 pm

  568. Like Annie, on the previous comment, I’m also interested in any advice about how to find a representative, who it should or could be. I know they’re not always allowed to speak during a tribunal, but I would prefer someone to be there with me. It won’t be months until my hearing, but I’m looking now for someone to come with me. I tried loads of places (CAB, Age Concern, Mind, Disability Association, etc) and not one of them have the means or funding to help, which seems a shame. I can’t quite understand who ever attends tribunal hearings as a representative – has anyone any experience of taking a representative along with them? Age Concern would have been perfect, as they’re really experienced, but I’m not old enough for them to help me. Any advice appreciated!

    Comment by Dave J — April 11, 2013 @ 3:15 pm

  569. I have a new turn of events… I went for my first signing on JSA interview and after a short chat the advisor said “you really ae not fit for work” and said my wife should claim Income support with me as her depandant, like reversed roles as I used to claim it for us both. As she is a carer for our disabled son and gets carers allowance we can do this so i won’t have to claim JSA or even ESA. Now my dilemma is do I still go ahead with the appeal now I don’t need to claim ESA? I suppose I am apealling against their decision that they state I am fit for work rather than just claiming the ESA? As I am moving away in less than 3 weeks I wonder if i should cancel appealing. Any advice on what I should do now?
    Thank you.

    Comment by DJC — April 11, 2013 @ 3:44 pm

  570. Hello DJC.

    Well suppose you cancelled your appeal for ESA and by some quirk of fate your wife was refused her claim for income support – stranger things have happened – then what ?.
    The DWP are not going to say OK we concede because we feel sorry for you, we think you should carry on with your cancelled appeal with our blessing.
    Remember, when we appeal against a decision that unfairly says we are fit for work, that is an appeal on the date the decision maker informed you of that unfair decision, not the date you attend an appeal hearing.
    So the DWP owe you money from the date they stopped your ESA on the strength of a a fabricated ATOS ESA85 assessment report.

    So I personally would never cancel an appeal against an unfair fit for work decision.

    But it’s not my decision to make, it’s yours, so to be perfectly sure you are doing the right thing one way or the other then contact your local welfare rights office or a local CAB office and ask for an opinion.
    You can also get help on what to do next for the best on our sister site http://www.dwpexamination.org
    People there are experienced in different types of appeals and their related monetary claims.

    Comment by dwpexamination — April 11, 2013 @ 5:43 pm

  571. Hi annie and Dave J.

    The Government have stopped all legal aid to the different legal services and most legal aid and funding to the CAB, this means the only organisation I know who still get some funding that may be able to help are the welfare rights office/s, and they are usually only available in the bigger towns and cities.
    I always get help from my local welfare rights in the form of appeal representation, but I believe the next time that will not happen, I believe I will have to represent myself on my next appeal due to this Governments brutal cuts.
    http://www.dwpexamination.org

    Comment by dwpexamination — April 11, 2013 @ 6:02 pm

  572. Thanks for the reply ‘dwpexamination’, it was useful because I thought I was just being unlucky with who I was ringing. But that explains it.
    I’ve never heard of an office or organisation called Welfare Rights in my town – I imagine they might be part of the council in each larger town or city. Cheers.

    Comment by Dave J — April 11, 2013 @ 6:10 pm

  573. Thanks for your reply dwpexamination I value your opinio as I do others and will continue with the appeal, just wanted conformation that it would still be in my best interest and i think it will be also.

    many thanks.

    Comment by DJC — April 12, 2013 @ 1:35 pm

  574. My wife has been told hef ESA will stop from 6/5 she sent a written appeal in last month as she cannot be fit for work. To date she has had no reply will her payments continue until she has adecsion?

    Comment by Anonymous — April 19, 2013 @ 12:36 pm

  575. Anonymous…Her ESA will stop on the 6th of May, is she on contributory ESA or income related ESA at the moment ?.

    Comment by dwpexamination — April 19, 2013 @ 7:40 pm

  576. Hi I got a letter saying I won my tribunal I dint go to it and had no help from w/r as they said they can’t help me due to my dr wanting £100 to get my records so I just did it my self and with your help so thank u for that . Just wanted to know what happens now as I’ve not had a letter from dwp ? And do I get back pay ? It also says not to be reasses for 24m ? Thanks

    Comment by Lee — April 20, 2013 @ 8:45 am

  577. Hello Lee.

    Great news on winning your appeal, and glad people on here have helped.
    It will take around six weeks roughly to hear from the DWP, they don’t rush to inform you officially that your appeal has been won because they have to backdate your money to the date the decision maker informed you that you were fit for work.
    Contrast that with losing your appeal, you would be told within a week to GO GET JOB.
    By the way, I don’t want to scare you but the 2 year tribunal direction means nothing to the DWP or ATOS, they can call you anytime they wish, so please be ready for them, learn your rights
    http://www.dwpexamination.org

    Comment by dwpexamination — April 20, 2013 @ 9:42 am

  578. I am distraught, i have lost my appeal today. I was accompanied by my welfare rights representative. I was interrogated, snapped at and they were so so cold. I am suicidal and broke down telling them that its best that i do it to save my children the burden of having me around. My welfare rep was shocked at the outcome and is going to put it to the second tier, he will also assist with a new claim. I am devastated. My rep said that he has been doing this for a long time and it was his first meeting with this particular panel and he said that he just couldnt believe how cruel they were to me. I feel i have been mauled.

    Comment by Katrina — April 22, 2013 @ 3:36 pm

  579. Hello Katrina.

    The exact same thing happened to me, the panel were like Nazis on a mission, it was a dreadful experience.
    And the second tier actually agreed with them, I was shocked, and realised it was all a con.
    Hope you have better luck than the myself with the second tier, meanwhile you can re-apply for ESA, nothing else for it..!!

    Comment by dwpexamination — April 22, 2013 @ 7:42 pm

  580. I am broken hearted. My failed tribunal. I explained that i don’t go out and only leave the house for doctor/counsellor appointments where i am taken by my daughter and brought back again. I have an appointment today with a psychiatrist as both my doctor and counsellor are concerned as committing suicide is at the forefront of my mind. I have no motivation, i dont look after myself, i cant grasp the simplest concepts, i dont have want or need friends. I get confused. I cannot trust myself. I am a wasted mess. The doctor at the tribunal mentioned that i had dye on the ends of my hair, i explained that my daughter, bless her, 8 months ago had insisted my hair be dyed in an effort to give me a lift. The doctor said ‘oh that was nice of her to treat you to the hairdresser’ i told her she didnt, that she had dyed my hair at home. I had already told the doctor that i didnt go out other than for the doctor/counsellor. She said ‘ but you went ahead and had your hair done’ I told her that i had no interest in mr appearance and had lost some teeth due to lack of interest and care and that my daughter was trying to help me. She asked me about my safety in the home. I told her that i didnt touch the cooker as i didnt trust myself, i told her that i frequently forget how to operate the washing machine she laughed at me and said ‘why didnt you put a sticker on it to remind you?, thats what i would have done’! I was asked of any incidents in the home and i explained that i had run a bath, forgot about it and flooded the bathroom She said’ so you got the plumber in and someone to repair the ceiling!’!!!!!! i said no, my bathroom is on the ground floor she said ‘so what did you do? i told her i pulled the plug and tried to mop up with towels. She said ‘So how did you know it was flooded? you therefore must have remembered to check it’!!! i said no i went to use the toilet and discovered it. she said ‘so all in all you had no problem coping with that DID YOU! She asked about returning to the uk last august she asked ‘what did you bring? i said do you mean my possessions? ‘YES she snapped and rolled her eyes i said i brought nothing but my clothes. She said ‘Oh so you REMEMBERED to bring clothes? so you were able to book a flight, pack, go through the airport system, sounds not much of a problem to ME and started laughing again. i told her that my daughter had actually flown out to me, packed my stuff, got my doctor to give me a sedative, paid for priority boarding and asked the crew to give me a blanket which i stayed under for the duration of the flight. The doctor smiled again. She asked how when going to my doctor the receptionist knew i was there for an appointment i said that my daughter walked to the receptionist with me and i give my name. She said ‘So you can do that yourself can you? smiling again. She said ‘and i suppose you can pop into a shop and get say a newspaper on the way home? I said no, i cant go in shops and i do not read or watch television. She asked about my counselling and i explained that i can’t action the advice i am being given with regard trying to counteract my bad thoughts with better ones. . She interrupted ” Action? what do you mean Action? she sniggered at that. I felt so small. She asked if i had any examples of a panic attack , i told her that on arriving back in the UK it was necessary that i open a bank account, my daughter took me in and there was one person in front and a delay at the desk. Three or four people came in behind me, i tried to stay calm but couldnt and i literally turned and barged people out of the way to get to the door. It was a terrifying upsetting humiliating experience. She said do you have any other experiences of “your….BARGING” i told her no that i dont go anywhere because of this anxiety and stress. She said ‘ so how can you manage to see a counsellor then’ i explained that i go in and theres a little inshot i stand in as i cant go into the waiting room and my councellor knows where to find me and walks me through. She smiled again although when i say smile, it was more of a snigger. She referred to a handwritten note i had included. She said ‘Did you write this? i said yes. She said ‘Your handwriting is very good considering you tremble’ I told her that it was done in block capitals as my writing is illegible and i had submitted my descriptor challenge letter in typewritten format done by my daughter for clarity. She asked ‘So where has your daughter got to today then,? I said that she was feet away outside the door and that i didnt want her in to have to listen to the plans i have made to end my life.

    As i say, the tribunal was actually worse than my atos test and i didnt think that was possible and my welfare rep who stepped in to help me at short notice had actually requested an adjourment as my counsellors report was lost in the post and we were waiting for a fax of it. They refused this. He said when we left the room that everything provided was first class evidence and he said i had spoken well under extreme badgering He was shocked when we heard i had lost. He called me last night and said on reflection he felt that i was ‘failed’ before i entered the room. This has destroyed me.

    Comment by Katrina — April 23, 2013 @ 8:35 am

  581. Hello Katrina.

    I’ve had a similar experience at a tribunal. a right pair of Nazis had a go at me, I stayed cool just like yourself because back then I thought the system was fair, I didn’t realise how corrupt it really was.

    It wasn’t my ATOS assessment that drove me to campaign – on this Blog and our sister site – for peoples civil rights, it was that one experience at her majesties tribunal, and made me realise I had to do something not only to help myself but to help others, I just wish those others would see the light and stop thinking only of themselves and join me.

    But that experience helped me in my next appeal, and will help me in my future tribunal hearings, because you see Katrina that kind of questioning is no longer acceptable as far as I’m concerned.

    Let me tell you a little secret – not many people know this – if you had stood up and shouted at the TOP OF YOUR VOICE, I’VE HAD ENOUGH LISTENING TO YOUR CRAP and bounced a pencil of the table and then got right in her face ? what do you think would have happened ?.

    Call the police ? Nope, tell you that your a bad person ? Nope, keep giving you lectures and asking you stupid questions ? Nope, call security ? maybe/probably, but not for your safety, for their safety.

    ASK YOU TO WAIT OUTSIDE ? YES, why ?…BECAUSE THEY ARE GOING TO GIVE YOU EMPLOYMENT AND SUPPORT ALLOWANCE very, very shortly.

    And so what ? if they are stubborn and don’t grant you your rights ?, would you have been any worse of than you are now ? think of how good you would feel going home ? a feeling of heightened elation that you stood up for yourself and didn’t get on your bended knees and KOWTOW to the bastards.

    Your Welfare rights officer is quite right, you were judged, juried and sentenced before you even went in the room, but before you go in the room the sentence hasn’t been carried out yet, I can tell you that because I have the freedom and the luxury to tell you the truth…but your welfare rights officer cannot/dare not tell you that for professional reasons.

    So there was still time to make them change their minds, and being questioned like that was a perfect opportunity to demonstrate to these people that you WILL TAKE NO MORE.
    of course that’s up to you if you want to take it, I’m just telling you I’m not taking it…EVER.

    If you don’t get your rights one way then wise up and get it another way.

    So re-apply for ESA and start again, this time learn from your experience and don’t make the same mistakes twice.

    Regards and best wishes
    Joe
    http://www.dwpexamination.org

    Comment by dwpexamination — April 23, 2013 @ 10:17 am

  582. Thankyou Joe, you know, i wonder what would have happened if i said ” you have absolutely NO INTENTION of awarding this no matter WHAT i say. have you?” I felt in the first 2-3 minutes that i had already lost but i carried on. I cannot BELIEVE that she is actually a doctor, so readily prepared to trivialise mental illness. The coldest, insensitive sneering person i have come across in many many years. My son is furious and is trying to find information about her online by name but nothing. She had this ‘story’ of me in her head and i was able to discount everything she put forward. It went for nothing. In her eyes i am a liar!, full stop!, decision made!, don’t want to know! not interested in anything you say!, not interested in what your doctors says!, not interested that youre distress is growing because i’m laughing at you and poo pooing everthing you say!, couldnt care less that you are suicidal!, don’t give a damn for the overwhelming evidence that supports this! Youre not getting your money! END OF!

    I have started a new claim this morning and the welfare rights/Castlemilk law centre will see me through it.

    Thankyou again, i didnt put this on here to make people miserable. I just want people to be prepared just in case they meet ‘a heartless block of stone’ as i have. done.

    Comment by Katrina — April 23, 2013 @ 12:00 pm

  583. Hi Katrina.

    Your in Castlemilk ? I know it reasonably well. So you must have attended Cadogan Street for your assessment and Wellington Street for the hearing ?.

    Let me tell you something Katrina, stop being angry, I know it’s easier said than done, but you have to stay focused, get ideas about harming yourself out of your head, don’t harm yourself, harm THEM, make it your life’s mission to get ATONEMENT make them pay for what the did to you.

    That will be your revenge, make it your mission to deprive this stinking Government of every stinking penny they robbed of us, that means sign every petition you see that’s anti-ATOS, anti-DWP, anti-Government, come on this Blog and our sister site http://www.dwpexamination.org (When you feel better) and help people from committing suicide, and also learn your rights, for every person that’s saved we not only save a precious life we cost this Government money.

    So far I’ve personally saved hundreds of lives, who knows maybe even thousands of lives, and each person I can make see sense and keep alive is not only a soul saved but another few thousand pounds this gang of self serving criminals have to pay them.
    I must have cost this Government millions of pounds, and I’m going to keep costing the bastards millions of pounds, they day they stuffed me was the day they picked on the wrong person.

    They say ‘DON’T GET ANGRY GET EVEN’ I say stop getting angry and start getting even.

    Comment by dwpexamination — April 23, 2013 @ 12:27 pm

  584. That is shocking and disgusting that they let anyone talk down to a person like that Hitler did to you Katrina. Remember in Scotland,there is a small number of nasty folk like that but the sense of decency and fairness is in a majority of people….hence why you will have a great backup of folk to help you win back what you should never have lost…your ESA. In Fife we have a fair panel what I have heard from several folk and thats as it should be.sounds like that person seems to see most as cheating sods and should most definitely not be in her job…can you imagine if she inflicted folk with that behaviour in any other profession? There should be a complaint put in for them, folk are committing suicide because of nazis like them so the more folk that complain the more chance she gets pulled up about it. Aren’t these tribunals recorded? If they are you should have right to a copy of it. Don’t give in Katrina,know that you would ever treat someone appallingly and the panel need to ask themselves who are the cheats…folk like them that get over £200 each per tribunal I think, its a lot of money..its them that are ripping off the taxpayers.

    Comment by LisaRob — April 23, 2013 @ 2:29 pm

  585. My thanks to both of you for your words of encouragement. I am just back from my introductory first meeting with a psychiatrist having been forwarded to her by both my counsellor and doctor and she has read a report on my life right back to my childhood leading up to today. I have many issues to deal with and she and another person will now work with me. I broke down many times relaying memories and the issues i have now. At the very end of the meeting i revealed that i had lost my appeal yesterday. Her response was ‘You LOST? i am VERY sorry to hear that’ and shook her head. This is an expert on mental health who has only just met and conversed with me. SHE can see it. but they refused to even consider that there MIGHT be something that they should take into account. They wrote me off before they had laid eyes on me. Yes they did record it and i will request a copy through my welfare rep.

    I salute the fact that you have saved so many by giving vital help. You deserve an award. I will try to be strong, but i feel i have been whacked over the head with a hammer. How can these people sleep at night. Despicable just despicable. My one regret was not getting the chance to go back in and tell them so.

    Comment by Katrina — April 23, 2013 @ 4:50 pm

  586. Hello Katrina.

    At the moment you are hurt angry and confused, that will pass in time, doesn’t take long, what you need to do is think what is the worst that can happen now ? and the worst that can happen is you need to re-apply, that’s the bottom line, it can’t get any worse.
    I know how you feel because I’ve been there, and don’t forget there’s still a chance with the second tier, so you can see it’s not all doom and gloom.
    As for the woman who grilled you ? I hope I get her in my next appeal hearing, and I might because I’ve been to Wellington Street, and if I do get her believe me, if she starts trouble with me, just one wrong word will be enough, and she will know what trouble is, I’ll be telling her I’ve got trouble waiting right here..!!
    She’ll know what trouble is all right.

    Keep on trucking.
    Joe.

    Comment by dwpexamination — April 23, 2013 @ 6:43 pm

  587. Thankyou Joe, I am sending you a big hug! How can i find out her credentials and background? Any ideas? I would just like to know what her field is…. well suited to a field when you think about it…. her name and profession produce zilch. Still find her sarcasm beyond belief, so if i can make a formal complaint about her i won’t hesitate.

    Comment by Katrina — April 23, 2013 @ 8:11 pm

  588. Just want to say, when anyway gets affected by this so called welfare system, which is supposed to help the people who need the help. The system made me ill, I am living proof that back in February a phone call from DWP telling me I did not qualify for ESA any longer, knocked me for six! I had a major moodswing, I have a diag. of bipolar disorder I, had to sign up with the local psych again, and increase my meds. Was getting flashbacks of past bad experiences and terrible nightmares and broken sleep. It was like someone had taken away a crutch, which supports me. I can be psychotic, or catatonic, or somewhere inbetween … depending! I can be just ‘normal’ and ‘coping’ but all it takes is one phone call from DWP and bang, Bob’s your Uncle, Fannies your Aunt! There goes the pendulum swinging again. Over the last three months I have managed to slowly, piece by piece, with help from blogs like this, and my support network, and CAB, etc. managed to not give up heart, I have just spent the last couple days putting together a submission letter to DWP, re-cap my appeal case to be placed back into the support group of ESA, where I was in 2011. The worse thing I’ve experienced out of this, is the humiliation suffered by being judged by a doctor, who has not got my best interests at heart. How can doctors be employed this way, to make unclinical judgements, on what I can do or cant do. Im sure this must be a breach of human rights surely! But Im not a lawyer, although I think it would be advisable anyone applying for ESA to take some form of legal course to help prepare them to the inevitable annual assessments, and appeal cases.

    All I can say is, just put your health first, if its affecting things too much, and then and only then, when you can pick up what has to be done, systematically, ie gaining info, what to do, when to do it, etc etc. Not sure what I will say when the appeal comes around, but I hope I wont hold back, like I probably did at the ATOS assessment, as I put my trust in a doctor to empathise with my problems, how demeaning that made me feel. As the saying goes, dont get angry, get even, so lets get even, and hopefully get some better outcomes soon.

    Linda

    Comment by Linda — April 23, 2013 @ 8:44 pm

  589. Katrina.

    Look up the GMC (General medical council) website – just google it – and if you know her name and reg number you will get all her qualifications there. The key is the reg number, there are many names on there but each person has only one number.
    If it’s an unusual name then you might not need the number, because the name will give you the number on there as well.

    Comment by dwpexamination — April 23, 2013 @ 11:51 pm

  590. Hi Katrina.

    I forgot to mention, before you complain about the rude disrespectful overzealous Nazi so called Doctor who interrogated you, first wait until your welfare rights officer receives permission from the panel to take the appeal to the second tier, that’s right it’s incredible isn’t it, your WRO has to ask for permission first from the very person who denied you the benefit in the first place, that alone can take as much as a month or two.
    Meanwhile do some research on the Nazi, when you find out her name and number please go to our sister site and log in, and on there you can send me a personal message on anything you find on her, I use the name Joe Blogs, we have members from all over Britain who will scour the internet looking for dirt on her, if they find anything extra then you can whack her. http://www.dwpexamination.org

    Our members have found ATOS staff laughing and joking on face book calling claimants down and outs, and we did something about it, those miscreants no longer work for ATOS.

    One person found out the Doctor who examined her from ATOS was banned by the General medical council, the Doctor was sacked and our claimant got reassessed.

    Another person (Not from our site though) found out that the Doctor on the appeal panel at his hearing works for ATOS as well as serving on appeal panels, as you can see Katrina that’s a clear conflict of interest/s, and he was exposed, and the claimant again got a reassessment for ESA. With the consolation that the GP on the panel was unmasked and shown up as a fraud.

    It’s true, some of these GPs and Doctors on these appeal panels work in private healthcare and is the main reason why they are the Nazis that they are.

    The internet is a great tool and has saved us from a worst fate, the Government would love to ban it, they would if they could, we must use it to our advantage, and expose these people for the frauds that they are.

    Comment by dwpexamination — April 24, 2013 @ 7:31 am

  591. Hi Katrina, I read about your story on Joes sister site and had to pop over and speak to you.. I am so sorry you had such a mauling from these heartless bastards. Their cruelty is beyond belief.
    It’s shocking that so many people are still unaware of what’s going on regards the sick and disabled and I am getting increasingly sick of waiting for them to wake the f**k up. Those that do know about it choose to either stick their heads in the sand or they have this ‘I’m alright jack’ attitude.. That’s until sickness/disability strikes them and then let’s see what tune they play.
    Joe is a decent bloke and I know he won’t steer you wrong. When you are up to it, please do pop over to http://www.dwpexamination.org because I can assure you there are many many of us who have been/are where you are right now. You will be welcomed with open arms that I can guarantee you.
    That goes for anyone here.. Don’t suffer in silence.

    Comment by emily — April 24, 2013 @ 8:59 am

  592. Linda, Emily and the wonderful Joe, Thankyou. We are truly blessed to have people like yourselves around us when we are struggling. That you take the time out of your own lives to offer a shoulder and words of encouragement is the difference between so many of us either curling up in a ball or standing up, dusting down and going again. I have not slept or eaten since i walked out of that room but this morning my mood changed to anger. That, in me, is a good sign as i rarely feel anything other that such debilitating hopelessness. I cannot comprehend that such cruelty and indifference towards the needs of the sick is actually happening. Is this really happening??? Whilst i fully accept that the welfare system is being abused by some and this must be addressed, ( i can’t even contemplate the amount lost to the country due to corporate and private tax evasion) is it really the only answer, that we swipe help from a massive amount of people to cut the bill and just cast them adrift? Is that really the best we can come up with? In this supposedly civilised country, do we not possess enough brain cells to create a proper system that roots out the cheats and protects the sick? Theres a saying that you can judge a country by the way it treats its animals, what on EARTH does THIS putrid policy say about the UK? The fact that the vulnerable of our society are being treated in such a blatantly vile manner and that this has now become part of this countrys make up is scary. You just have to wonder what is in store for the future….if they can do this and still sleep then theres really no end to what they can do.

    Comment by Katrina — April 24, 2013 @ 1:03 pm

  593. WELL WELL WELL……

    After following Joes’ advice i found out some very interesting information re my nazi ‘doctor’. I have sent Joe the info in a private message and i dont want to get him into any bother by putting it on here. I’m sure he will be along soon to give you the gist of it.

    Comment by Katrina — April 24, 2013 @ 4:44 pm

  594. Hello Katrina.

    Excellent work, and I’m in the process of reading it now, I’ve got the main gist so far, and I can tell you this is an absolute disgrace.
    It makes my blood boil, that people like this are allowed to sit on tribunals, well now you know Katrina, now you know that I know what I’m talking about, and let me tell you the WROs all know as well and it’s all kept a secret, I’ve been on to these charlatans in these tribunals for almost four years now.
    Let your WRO know about this as soon as possible if you already haven’t done so.

    By the way, just to let you know, the highest Commissioner in Scotland is Commissioner May who sits like some kind of Suzerain denying every second tier appeal that comes his way, I’ve had him twice, and even though the panel were caught lying he still went with them.
    I’ve got some old scores to settle with this guy, if I ever meet him he’s going to feel my wrath, the little weasel that he is..!!

    Great work Katrina, this is going to help you, they must concede now and give you another hearing, in my opinion you should just get your ESA, but these swines will probably make you go through it all again.
    It’s infuriating they are allowed to do this and think they can get away with it..!!

    Comment by dwpexamination — April 24, 2013 @ 6:10 pm

  595. I’ve been following the exchange of messages above – if it is possible to give a hint of what you found out about the ‘nazi’ doctor, I’d be very interested.

    For my part, I’m awaiting a tribunal, but I did do some research a month or two ago into the qualifications held by the nurse who did my Atos work capability assessment. Turns out that although she was assessing someone with a mental and behavioural condition (me), she’d only done a community nursing qualification a few years ago and she could have opted to choose a whole series of course modules which related to mental health issues… but she actually choose something completely different (actually she choose the administration of medicines as her speciality). What I’m saying is that she has no experience, interest or knowledge in mental and behavioural medicine, apart from the paltry rubbish Atos teach their assessors. As part of my data protection and freedom of information requests to Atos and the DWP I also asked for the training materials used to train Atos nurses/’Healthcare Professionals’ and they printed it all off and sent it me in big box, Special Delivery. Must have cost them twenty or thirty quid. I am still going through it, but there is nothing of much interest, apart from they clearly don’t train their assessors in the relevant stuff.
    Interestingly, although I simply asked for information, they also write a covering letter, which is quite long, in which they try to justify what they are sending you. For example, it turns out that by law the assessor does not need to be qualified in mental health conditions to assess a person with a mental health condition. Instead of leaving it there, they then proceeded to try to justify this, saying that because they are not TREATING the applicant THEN THEY DON’T NEED RELEVANT TRAINING. Unbelievable how the mind’s of these people work. So they have power of life and death over an ESA applicant, but they don’t need to be qualified or experienced in that condition/illness – according to their stupid logic, because they’re not TREATING you, only ASSESSING you!!!

    Comment by Dave J — April 24, 2013 @ 6:36 pm

  596. Hi Dave, to put it very mildly, she has had two salaries coming in, her tribunal blood money plus….. a. n. other. I’ll leave the rest to Joe, suffice to say it explains a LOT! as to why i was treated so badly.

    Comment by Katrina — April 24, 2013 @ 6:52 pm

  597. Thanks Katrina, much appreciated. I can see where you’re coming from – and the whole thing is appalling.

    Just also to add that regarding the information mentioned in my previous message, which was sent to me by Atos (well, actually by the DWP who are the Data Managers for Atos), their letter also said that some of the information in the box ‘may not be understood by non-medical people’. They really think they’re dealing with idiots, such contempt they show. Basically their comment means ‘Atos and the DWP will always be able to say you don’t understand what you’re talking about, so don’t even bother trying to score points in a tribunal by appealing to the information we’ve sent you’.

    I am sure, as a society, we are going rapidly backwards.

    Comment by Dave J — April 24, 2013 @ 7:26 pm

  598. Oh gosh yes Dave, we have indeed gone backwards. We are considered ‘lesser people’ for the position in life we find ourselves in and the protective coccoon they enjoy gives them carte blanche to lord it over us. My life, poor as it is, is down to me, it is MY life. It is despicable the arrogance that decides whether i have the tiniest ray of hope or i am broken in a final way, the arrogance that decides whether i can eat or not, the arrogance that decides if i can clothe myself. They are the vilest of vile bastards please please please…..let their be karma.

    I cried so much, humiliating myself in front of her sniggers,sneers, sarcastic comments, ridicule and laughs and i hate myself for giving her the satisfaction.

    Go and be strong Dave x

    Comment by Katrina — April 24, 2013 @ 8:15 pm

  599. hi its mark here,not been on here for a week as they got to me a little,it seems they twist all you say.take bits out twist all around ,katrina you sumed it all up,this country is gone to the dogs,they can ring you,insulte you ,do as they please.im an ex self emoloyed plasterer,and iv got the wankers say get a wheel chare and if you can make it move 30 yards your fit for work,i said why are disabled bays more than 30 yards from tesco?,they couldnt answer,im going to read all on here,we all have to make a atand as animals are looked after better ,they have the r.s.p.c.a. we got nothing ,lets all stick together ,

    Comment by Anonymous — April 25, 2013 @ 12:49 am

  600. its mark again,just wanted to say they know you not get a job and no one employ you its to get you on les money,i see that the govenment sent millions and millions to pakistan and that pakistan rich pay no tax,only the poor pay tax,whats going on,i had a polish grandfather,a scottish father and born in england ,the later im ashamed to be part of,not cos of the normal everyday people but cos of the corupted and twissted govenment,i beleave in karma and we will see them get what is coming to them,god bless you all,mark

    Comment by Anonymous — April 25, 2013 @ 1:40 am

  601. Hi Katrina.

    It’s up to you what you want to do with it, I can put it on here and or the forum, it’s stuff like this that should be exposed with a chance of going viral by spreading on the likes of facebook, not locked away in a glass case where only 0.1 percent of the population can see it, or even know about it.
    This is not an isolated incident, I believe it’s endemic, I’m convinced I’ve been a victim of the two salary brigade, unlike you I couldn’t get information because there was none, I don’t believe that was an accident, I believe they deliberately try to keep their personal information and who they work for off the public domain.

    Comment by dwpexamination — April 25, 2013 @ 7:16 am

  602. Just wanted to exercise caution until i had run it by you and had your thoughts on it, being that this is your site. If you are happy then i am MORE than happy for you to expose this disgrace. I have emailed my WRO the info. Perhaps if people heading to a tribunal read, this then they wont feel intimidated so much and they can keep in mind whilst sitting there that they will probably have more morality in their little finger than the person across the table.

    Comment by Katrina — April 25, 2013 @ 8:43 am

  603. Hello Katrina.

    We need to use everything we have or can get, the odds are stacked against us, they have 99% of the MPs, virtually all the Lords, the whole of ATOS and the upper echelons of the DWP and most of the judiciary system, as well as The Daily mail, the Sun and the Daily express et al. And a whole army of sycophantic civil servants ready at any time to lie their heads of on their behalf. And so far they’ve managed to con most of the public.

    But we have something they do not have, we have THE TRUTH.

    Allowing Doctors who work for ATOS or other private health companies to sit on appeal panel hearings and try to justify it by saying they are impartial is to my mind or any right thinking persons mind totally absurd and a great injustice.

    So with your permission I will post it on the forum later on today, the clear unequivocal proof that not only are they allowed to sit in judgement on your assessment, their friends and colleagues are allowed to sit in judgement at your appeal hearing.

    There are some people out there in the academic world as well as the media who are with us, and can see this great injustice for what it is, our members can contact them by e-mail and letter and maybe we can get something done.

    Some examples are Michael Meacher Member of Parliament who is at this very moment compiling a caseload of dirt to throw in the faces of this corrupt Government, Sonia Poulton of the Daily mail is outraged and can see what this Government are trying to do, we must give them all the help we can to help them help us.

    Doing nothing and letting others fight on our behalf is no longer an option.

    “Time after time, history demonstrates that when people don’t want to believe something, they have enormous skills of ignoring it altogether.”
    ― Jim Butcher, Dead Beat

    Comment by dwpexamination — April 25, 2013 @ 9:10 am

  604. Well, it seems it may actually be worth complaining to Atos about your medical assessment, if you can find glaring errors in the assessor’s report in relation to what you wrote on the form and said in the assessment. I complained about the illogicality of what the assessor (a nurse) had written on her report (and she had only awarded me 6 points in total), and they’ve just written back saying they had a doctor review the assessor’s report and they found inconsistencies and deficences, as they put it. Basically she’d awarded me six points for one thing, which should, because of my conditions, almost automatically meant I should have been awarded six each for two other sections of the assessment, making a total of 18 points. They’re informing the DWP, who I expect to write back to me saying I now have 18 points. I will also write back to Atos saying that I agree with their findings, but also think that other sections of the assessment were inaccurately done. I’ll be happy to have 18 points (finger’s crossed), but do believe they should be higher. I suppose one can’t do anything about a disagreement over total number of points awarded once they agree to awarding ESA – can’t really appeal if they award the benefit, as there is no mechanism to do so. Anway, just to let you all know.

    Comment by Dave J — May 1, 2013 @ 9:30 pm

  605. Thanks for that Dave, that was good work too..!!

    Comment by dwpexamination — May 2, 2013 @ 7:54 pm

  606. Guys. Why don’t we get together and start a class action law suit for medical negligence or something?

    Comment by Digby Snozzlelung (@freemycatfish) — May 4, 2013 @ 9:52 am

  607. BTW. None of the links to the forums you mention at the top of these posts seem to be working for me. Any idea why?

    Comment by Digby Snozzlelung (@freemycatfish) — May 4, 2013 @ 10:04 am

  608. Start a class action ? Ok I’m in, let me know when you’ve won the lottery and get back to me, I’ll provide all the evidence you need to start you off also available from all our members here at the forum http://www.dwpexamination.org
    That’s the same link you claim isn’t working, was working the last time I checked, have you got any idea why ?.

    Comment by dwpexamination — May 5, 2013 @ 12:52 pm

  609. Comment by Anonymous — May 7, 2013 @ 3:47 pm

  610. Hi I am appeal on behalf of my brother how can I make sure he still gets his money by appealing? Any help would be a great help kind regards

    Comment by Danielle Mackin — May 8, 2013 @ 11:58 am

  611. Hello Danielle.

    New rules have come in last Month.
    When you appeal against an unfair fit for work decision and send it to the DWP, the decision maker will reconsider the original decision.
    While they reconsider they will not pay anything, if they reconsider in your Brothers favour then ESA will start immediately with all money paid back which is owed.
    If they still stand by their original decision which is the overwhelming majority of the time then you will have to send your appeal to the appeal service on your own.
    The DWP can take as long as they like while they reconsider, if they want to mess you around and wait for 3 months or 4 months or a year then they now have the power to do so.
    A man in East Kilbride in Scotland has just committed suicide because these murderers at the DWP withheld his money for 10 weeks, he just couldn’t take the stress anymore and ended his life, I read about it this morning in the Scottish daily record, and it’s a very sad read.
    http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CDQQqQIwAA&url=http%3A%2F%2Fwww.dailyrecord.co.uk%2Fnews%2Fscottish-news%2Fbenefits-row-dad-takes-life-1875339&ei=VEeKUZiFGoPu0gWyz4GQDQ&usg=AFQjCNEXYYxxI_GGEJ4s9S3qIGBH0HMaUg&bvm=bv.46226182,d.d2k

    My point is, the DWP don’t care how long you wait, so expect to wait any amount of time before they allow you to appeal the the first tier, and expect them to drag their feet in paying out.

    Comment by dwpexamination — May 8, 2013 @ 12:40 pm

  612. Couldn’t have said it better myself – and I’m still amazed that the media have given this appalling situation no coverage at all. There’s a lot of coverage and awareness of the bedroom tax debacle, and the benefits cap, etc., but nothing on this. I find the whole thing horrific. The only option someone has is to try to claim JSA during the reconsideration stage, and if they later say that shows you can work, then tell the truth: how else was the claimaint supposed to eat and pay rent? Luckily I lodged my appeal before the new rules. But next time, I’ll be in the same position.

    Comment by Dave J — May 8, 2013 @ 12:57 pm

  613. – Time limit on DWP while they reconsider ESA decisions –

    This will be of interest to those appealing an ESA decision:

    http://www.dwp.gov.uk/docs/touchbase-ezine-march-2013.pdf

    The section entitled ‘Appeals process changes’ now seems to say that, instead of the newly compulsory initial reconsideration stage taking months, the DWP is obliged to, or at least has agreed to limit this initial stage to one month, and thereafter the appeal proper is started, if necessary, and under the appeals part of the process you are paid ESA. Okay, this still means an individual is denied any money at all for those 28 days (no ESA, no housing benefit, no DLA), but it seems better than what we at first thought – that the DWP could take months to mess you around.

    Comment by Dave J — May 10, 2013 @ 1:01 pm

  614. The DWP are a law unto themselves Dave, but I take your point, and thanks for the link..!!

    Comment by dwpexamination — May 10, 2013 @ 1:08 pm

  615. Actually, I should have read my own link more closely – their mention of 28 days may not actually refer to the reconsideration stage at all, but to something to do with the appeals stage, and how the DWP and the tribunal service handle it, etc. I thought it seemed to good to be true, you’re right.

    Comment by Dave J — May 10, 2013 @ 1:13 pm

  616. I thought the horror stories must be exaggerated – until it happened to me. All the information I gave to ATOS, both at my interview and on the form I had submitted earlier, was either twisted or ignored. The result was an assessment of my capabilities far removed from the reality. To give just one example: I have Ankylosing Spondylitis, and can rarely walk more than a few steps without difficulty and pain. I had to attend the ATOS interview in a wheelchair pushed by my partner. Yet ATOS have stated that I can independently move 100 metres!
    In consequence of their distortions I was awarded only 6 points, and am now faced with the appeals process.

    Comment by david ashworth — May 11, 2013 @ 5:56 am

  617. Hello David.

    I can’t blame you for being skeptical not only are ATOS fabricating medical assessment reports but everyone in the house of commons knows they are fabricating medical assessment reports and it’s hard to believe until you experience it yourself, this is what I’m trying to get through to everyone, people are not finding out the truth until it’s too late.
    This is deliberate Government policy, and their ultimate object is to abolish welfare and the National health service and bring in private companies to take up all the work.
    For instance UNUM insurance and other offshoots will offer insurance now that there is no health service or welfare if you fall on hard times.
    The more you pay per month the better your policy, of course that means the less you pay the worse your policy, they will offer a starter package that covers bandages and basic anti-bacterial shots, but if you break your arm on their starter package you will find when you arrive at the hospital the nurse will tell you ah Sir we can’t mend your arm because you only have our starter insurance policy and we cannot help you Sir you will just have to have a gammy arm for the rest of your life, but don’t despair Sir we can offer you our premium policy for the future just in case you break your other arm.
    There will be no mercy, there will be no compassion, break your leg the ambulance will arrive and rake through your pockets for your policy, and woe betide anyone who doesn’t have their advanced premium policy because the ambulance crew will throw you to the side of the road and exclaim NO CAN DO SIR.
    Lose your job and don’t have their premium policy ? get bin raking at the back of ASDA Sir.

    I’m telling you all what’s going to happen in the future, if you don’t want to believe me then so be it, more fool you, I’ll let you all get on with it, but don’t any of you dare come to me in the future and say to me HEY GUESS WHAT I DIDN’T BELIEVE YOU BACK THEN, AND NOW I’VE FOUND I HAVE TO PAY 320 POUNDS A MONTH FOR MY WELFARE INSURANCE POLICY, and I’ve still got to pay my national insurance stamp every week too.

    BECAUSE I DON’T SUFFER FOOLS GLADLY.

    If you are all too stupid to help yourselves at least try and do something for your children and grandchildren, because it’s really them who are going to be the real victims and suffer for your apathy.

    Comment by dwpexamination — May 11, 2013 @ 7:40 am

  618. When are all you people out there going to wake up to the call for action everyone knows that ATOS is fabricating medical assessment reports , not everyone can be wrong ask the Doctors, Citizen Advice , Welfare Rights, even their own Staff at Job centers , these F- – - – - g Tory Parasites are just like the Nazi’s who stood back and did nothing against them in the Second World War and you all know how they coned and treat the Jews , the Jews wouldn’t fight for themselves and look what happened to them the gas chambers and the crematorium over 11,000,000 of them . The Tories only do one thing as the Nazi’s did they look after themselves the Big Land owners and Farmers and Big Corporations & Business and all their supporters ( hangers on ) they just keep lining their own pockets with more and more cash at the expense of the working classes, you pay your tax and NI and they pay as little as possible and claw it all back ten fold in so called Grants etc. You cannot trust the Politicians , I don’t care who they represent.

    The only thing that wins is people power and anyone who speaks out and tells the truth about them they will try to shut them up , look at what happened to Dr David Kelly ( Weapons Expert ) who just happened to Commit Suicide with the Weapons of Mass Destruction everyone knows it was a lie and either the CIA or MI6 , look too at what the did to the Major Unions, the Steel , Coal Car Rail , just for a few and now we have no Production or Manufacturing We need to let them know that we have had enough , Remember People what happened when Oliver Cromwell took power in 1653 from them and since he died no-one dare take the Center stage again and they even Exhumed and posthumously ‘executed’ him when they regained Power ,They even did it to the Tolpuddle Martyrs in the 1830′s http://www.tolpuddlemartyrs.org.uk/ so what will it take for you all to stand up and fight or have they got you all brain washed ? stand up and be counted. you’ll be called a Communist and all sorts of other names , but if you don’t fight we are lost and it might take such action to secure what you believe is right.We used to be MEN and Conquerors of the World or are we just mere Mice now ? as the Person above says you have been warned.

    Comment by Steve Lumb — May 11, 2013 @ 12:37 pm

  619. I agree with everything you say Steve – and I’m assuming by “F- – – – – g Tory Parasites” you also include Labour, the very party which brought in Atos, and the very party who will do sweet f— all to reverse any of these policies. The reason I mention this is not to defend the Tories (far from it) but I’m sick of the “evil Tory” rhetoric, as if Labour did anything to change things. Without recognising this we are stuck with endless Tory and Labour governments whose policies are basically the same. I’m sick of seeing Labour posters in house windows in this working class town, put up by people who still stick to some dream world of the Seventies, when Labour was actually different. If Labour changed and people supported them then things might possibly change in society, yet as it stands because Labour tow the line when in government, the Tories virtually have no opposition to their policies. They can do what they want. I understand what you mean, it is Tory parasites, but this can lead to people thinking Labour, just because they verbally attack Tory policy, are actually any different. Essentially, they’re not.

    Comment by Dave J — May 11, 2013 @ 4:13 pm

  620. I agree with everything that you say my friend in total mate its because of closet Tories like Tong Bear and Gordon Clown Oh and I forgot this so called leader of the opposition the Famous Edd Miliband another one of the Bear leading to the Right Brigade and all the rest that this Country is in the Drink for and they are Pulling everyone else down with them because of their greed, look at Miliband his brother has bailed out to the Golden job in the US so he doesn’t rock his Brothers boat because he has different principles , if anyone of those two should have been the Labour leader it was him , but allas we lost our way when John Smith died because he would have been a far better Labour leader for the people and this Country. I thought at one time Pressa two Jags would have been the Man but he lost his balls when all her in doors was bothered about was getting him in the house of Lords and look after their family for the rest of their lives so he had to do as he was told , oh to be on the old Gravy boat with the Milk & Honey OH oh oh

    So who do we pick someone like Dick Prentice but even the union men are giving themselves big rises to keep up with them now too , all Ive seen since the 1960s since I was a kid is work and strife and one so called recession after another always created by the money markets or politicians and who bears the brunt but the working classes every time , why is it we cannot work together for the good of the people and the Country , then they wonder where all the respect has gone and why there is so much corruption & crime

    Ill be honest with you all I’m sick of all these politicians and their broken promises so I’m neither Labour nor Tory and least of all Liberal Democrat so where does that leave us all , this Country used to be the Best in the World but all they’ve done since 1945 is hide away on their big Country Estates & Farms with their Heads up their Arse’s , Germany Lost the war but they sure have won the peace

    So who represents the People for the People and holds the Cent re Ground who is in it for the Good of our Country and our People ? and I agree Labour Needs to change but not in Milliband or Bears Vision I’m sorry.

    Comment by Steve Lumb — May 11, 2013 @ 9:59 pm

  621. I’m thinking of contacting my local MP – Philip Dunn – about the way ATOS twisted and ignored the information I gave them, and the decision made to deny me ESA. I’d be interested to know how many people have contacted their MPs about ATOS decisions, appeals etc, and what kind of responses they have received.

    Comment by david — May 12, 2013 @ 6:22 am

  622. When I got a phone call from Thr decision maker of dwp after ATOS assessment, telling me I no longer qualified for ESA, after having qualified for passed ten years! The impact of this one phone call was enough to send my mood, I have bipolar affective disorder 1. It was like someone taking a virtual crutch away from me and fear and anxiety was so powerful then a mood dip ensued, where I had to be referred back to the psychiatry services, and all this has lasted over three months now. I have not officially complained to ATOS yet, or indeed the way I was contacted by dwp, a phone call which was so shocking for me to receive. People with bipolar disorder are highly sensitive to things and affects of this mean they are affected by external factors in a much more intensive and sensitive way.
    When I was managing this latest mood swing I wrote to my local mp, and he invited me to see him. I told him about the ATOS assessment and how it was affecting me and others. By that time my appeal had been over turned by me be able and csbable of communicating with dwp and getting the relevant evidence and reasons why I should be placed back into the support group of ESA, as assessed Thr previous year. Bipolar disorder like many other life long serious mental health disorders need constant monitoring on the part of the person who suffers from it, and regular contact from Gp, psych. Also having a good support network is important. People with bipolar are cabable people, but Thr nature of Thr illness means that taking on too much, as well as keeping a balance on their life and dealing with external factors, then this has to take priority to retain a good quality balanced health. Recovery is a big buzz word in mental health organisations, but it does not mean cure, Recovery is coping, without having relapse. My recovery has been affected by ATOS and dwp, and this makes me feel quite angry that the system set up to support people with their disabilities had actually made me I’ll with The serious lifelong mental health condition.

    My mp was interested in my experiences with local mh charity services. I have told him how as a volunteer working with two local day services, how I was let down by seeing, yet again, services set up ie a befriending Service, which I volunteers on, after a year , the scheme was axed by funding cuts from borough council to the charity. No thoughts of Thr people who the scheme was set up for. No proper exit strategy, apart from I could carry on seeing my befriendee without formal supervisions and expenses! I tried another mh charity and to be honest it’s exactly the same. People are working for their own jobs and budget and no genuine care for people in Thr community needing support. I’ve now had it with voluntary or permitted paid work, ESP in mental health organisations who cAll themselves charities. I told the mp I’ve seen things with charities who are budget governed provide vital serviced but no continuity – a wax and wane situation, time and time again.

    I think more mh services need to up their game on supporting their clients in doing voluntEy work or permitted work by supervising and supporting people, not with the aim of expecting back into part time or full time work, but to maintainn their meaningful activities, to keep a balance in recovery or coping.

    Comment by Linda stoneman — May 12, 2013 @ 9:34 am

  623. Important Information.
    Last week I received a letter from the DWP telling me I would not be entitled to ESA, and my current Income Support would end next week. (This followed an ATOS assessment.) The letter seemed to imply that my only option was to apply for Jobseekers Allowance. Naturally I intend to appeal, and after an anxious weekend wondering just how I was going to get to the jobcentre when I cannot walk more than a few yards without severe pain, I phoned the DWP to tell them I intended to appeal. During the conversation the lady told me that in fact I can apply for and receive ESA, albeit at a reduced rate, whilst my appeal is being heard.
    Nowhere on the letter does it mention this. When I pointed this out, the lady said the DWP had tried to phone me, and would have explained it on the phone. (Quite how that justifies omitting it from the letter I do not know)
    Anyway, this is good news for me and anybody in my situation who thought they had no alternative but to apply for jobseekers allowance whilst waiting for an appeal.
    However: this reduced rate ESA payment will only start from the day your appeal is received. So although you have a month in which to appeal, if your current benefit is to be stopped in, say, a week, you need to get your appeal in within that week, or there will be a gap when you will get no benefit.
    You must also send a current sick note, which will need to be renewed throughout the course of the appeal.
    Finally, the appeal must be what the DWP deem a ‘valid appeal’ – in other words you must specify reasons for your appeal.
    Hopefully this will give some comfort to people who believed there was no alternative to going through the farce of claiming jobseekers allowance

    Comment by neil — May 13, 2013 @ 10:38 am

  624. Neil,
    There’s a number of issues here –
    Make sure you actually write on the appeal form (GL24, I think) that you request the ESA to be paid during your appeal. The CAB told me this. There have been cases where the DWP haven’t paid it due to an unstated requirement to request payment on the appeal form. Take a copy of your appeal form. And possibly send it recorded delivery.

    Also, yes, I agree – there is a period when you will be without money for no fault of your own. My ESA letter declining me ESA (which I’ve appealed against) took TWO weeks to arrive. It was dated the end of January and arrived 14 Feb, so they tried not to pay me those two weeks. And even when they get your payments up and running, it can take a week or so to come though – i had to ring them four times in one week, on that ridiculous so-called helpline they have. Cost me quite a bit of money to ring them.

    The sick note issue: The DWP have started to tell people (but only those who ask!) that on the day they decide not to award you ESA due to failing the Atos assessment, any existing sicknote becomes invalid. This, I believe, is extremely illogical and vindictive of them. Some charities, including Age Concern, say the DWP are lying. Because, after all, a doctor cannot issue overlapping sicknotes. So if the DWP decline you ESA for example on the 15th of a month, but your sick note runs till the 30th, they say go back to the doctor and ask for a new sick note. BUT, despite the DWP saying it is invalid, in effect the doctor has already given you a sick note until the end of the month, and isn’t really allowed to issue a new one until the old one runs out. But if you explain the situation to your doctor, perhaps he or she will understand and give you a second sick note. It is one of the illogical and cruel things the DWP do on a whim and they end up answering to no one. Seems they can do what they want. Like them not telling you much on the letter they sent. Vindictive.

    Also, it appears you (like many people) have not yet heard of the new system coming in. I thought it came in during April, but I read it may now be October. Under the new system, instead of being able to appeal straight away, you will be first forced to ask for what they call a mandatory reconsideration. This is where the DWP reconsiders their own decision (i.e. the decision based on the Atos assessment). During this mandatory reconsideration period ESA will NOT be paid in future. The period could last many, many months, no time limit has been set by the government. Only after this period can you then lodge an appeal and receive ESA on the lower rate while you await the tribunal hearing. But it seems, from what you say, that this new system hasn’t yet been brought in. But it is important and horrific because the new system declines you any income for a very long time (unless you claim JSA). And without ESA in the reconsideration stage you would not be able to get housing benefit, DLA, etc.

    The DWP and this new system and whole attack on benefits is a nightmare.

    (By the way, it’s worth noting that under the current system, even though you can lodge an appeal immediately and get paid, the DWP still do an internal reconsideration, prior to sending off your appeal to the tribunal service.)

    Comment by Dave J — May 13, 2013 @ 11:33 am

  625. Dave,
    thank you for these important clarifications. We must try to stop these changes to the appeals system, which make a bad situation much worse. Even people who have not been affected by them yet will be in the future, when ATOS/DWP next ‘review’ their case. So please can everyone who cares about this write to their MP and do everything possible to bring these iniquitous changes to public attention. It may not be too late to stop them.
    Neil

    Comment by Neil — May 14, 2013 @ 6:33 am

  626. Dave,
    after reading your comments I decided to phone the DWP a second time, just to confirm the information I posted earlier (it’s always worth phoning twice if you’re unsure of anything – the information they give is not always accurate). It seems I was right, as they confirmed that people can claim ESA at a reduced rate whilst their appeal is being considered. The rate is the same as JSA – but without all the oppressive conditions attached.
    However – you must provide a sick note, and you must make it clear you are lodging an appeal, NOT asking for an internal reconsideration. If you simply ask for a reconsideration, you will not be entitled to ESA. This is all a bit Kafkaesque, since your appeal will first be subject to a reconsideration anyway, but that’s the way it works.
    So the advice is, never ask for a reconsideration, always appeal.
    Neil

    Comment by Neil — May 15, 2013 @ 6:30 am

  627. Hi, I was in contact with you in Feb this year when I handed my appeal form back to the courts, having had DWP not reverse the decision to stop my ESA due to 0 points at medical. I gained a 13 week sicknote from my doctor on the same day. It is now week 12 since the appeal form went back and the sicknote started! The appeal form said 7-11 weeks you should hear and then 2 weeks notice. Having not heard in week 12 I’m guessing my hearing date will fall outside the sicknote which ends on bank hol monday and as the doctor is away after Ths 23rd I intend to see her and get another one. What I am wondering is, in case my doctor asks, when you go to the hearing are you immediately told their decision or do you have to wait for weeks on end? Presumably if they don’t tell you there and then I am going to need a sicknote from 23rd May to cover the period in which they decide? Do you know? I hope I can come back on site and say I’m still on ESA after the appeal. If you don’t hear from you assume I’m back on JSA. As to how I’ll survive on JSA after that I don’t know. Like many people I am glad I even took it this far because I have been able to stay on ESA since Sept last year when they stopped it (so they stopped it but I stayed on it which is weird) but I am worried about a black pit in front of me that says JSA again. I suffer from anxiety and a couple of times this week have felt nervous re even receiving the date on the one hand because I dread going through it on my own with no partner, friends or family or representative but on the other the uncertainty is really difficult. Thanks for your advice so far.
    Melanie

    Comment by melanie watson — May 15, 2013 @ 9:29 am

  628. Thanks Neil. Yes, definitely the bottom line is to ask for an appeal, not a reconsideration. And people can indeed get ESA at the reduced rate during the appeal… at least for now. Initially I thought they were getting rid of this last month. However, the DWP page below isn’t at all clear about whether things will change for ESA in October 2013 – i.e. whether they’ll bring in the unpaid mandatory reconsideration for those wishing to appeal after a failed Atos work capabability assessment. I’ve written to them asking but had no reply (there’s a surprise). I would ring, but find that ESA helpline incredibly irritating and frankly quite expensive because you’re often on hold for up to half an hour, and can’t use their number as part of a mobile’s monthly contract minutes. I’m sure they don’t provide a normal landline number on purpose.

    http://www.dwp.gov.uk/adviser/updates/appls-process-changesl/

    Comment by Dave J — May 15, 2013 @ 9:35 am

  629. Dave – what is the ESA helpline number? (I’ve just been calling the job centre) If it’s an 0845 number you can usually call for free from a BT landline. So many companies use this scam nowadays, forcing you to make long calls on 0844 or other non-free numbers. I suspect no-one will know what is happening in October though.
    Thanks for all your input,
    Neil

    Comment by Neil — May 15, 2013 @ 11:13 am

  630. What’s the next option if you fail the appeal process!
    I failed the atos medical so I asked to go to Tribunal to reconsider!
    If I fail that what’s happens next?
    At the moment I’m getting ESA at the appeal rate!

    Comment by Zubz — May 15, 2013 @ 11:17 am

  631. Melanie, I really sympathise with you. I would try to get a sick note from your doctor to cover you for as long as possible. I don’t have any experience of hearings, so I don’t know if they’ll tell you straight away, but if I were you I would assume not. Much better to have a sick note that goes beyond the date you need it than to fall short. Also, if you do have to go on to JSA, having a valid sick note can only help.
    Try not to feel too anxious about the ‘black pit’. I know a couple of people who have been forced to go onto JSA and they said the staff were very understanding and sympathetic. The frontline staff know what is going on, and many of them hate it as much as we do. They’re not the enemy, they’re just doing a job they probably don’t want to do. Assume they’ll be supportive.
    Is there really no-one who could go to the hearing with you? Have you talked to the CAB?
    Good luck!

    Comment by Neil — May 15, 2013 @ 11:22 am

  632. Hello Melanie.

    When you attend the appeal hearing the panel will ask you a bunch of questions regarding your health and how it affects your everyday living and possible fitness to work, you answer them the best you can, the panel will ask you to wait outside while they make a decision on your fitness to work, but no matter what their decision is they will instruct the clerk of court to give you it in writing immediately.

    There is only one exception, if the panel decide they need to see more evidence for some reason or they need some more time to think it over then they will tell you their reason for a delay and you will get the decision from them via post within a few days.

    You are right to be concerned whether to be ready to get a sickline, because the DWP will not help you by tipping you off whether you need one or not, if you ask them why they didn’t inform you that a sickline was due, the answer will be because ”THAT’S YOUR RESPONSIBILITY”.

    By the way, you don’t necessarily need to sign on for JSA even if you lose, you can still reapply for ESA again, there is a couple of conditions though, if you lose the appeal and need to know the details for reapplying for ESA then think up a username and log in to our sister site
    http://www.dwpexamination.org

    Comment by dwpexamination — May 15, 2013 @ 11:28 am

  633. Neil, the number I ring the DWP on is 0845 608 8630, which is in Bathgate, Scotland. Okay, 0845 is local rate, but this can still be at least 5p per minute from a land line. 0845 is never free in my experience. And the calls can easily last thirty or forty minutes. So that’s £1.75 per call. And one week I had to ring them four times, then the following week twice, etc. On a very low income and paying unnecessarily – because if they had a normal landline then it would come out of my monthly minutes. And they have this stupid so-called security system, which, for the first five minutes, keeps asking me to enter my date of birth, NI number, then choose a security PIN – it kept asking me this EVERY time I rang. But I think now, after about twenty calls they’ve finally got their system to store my details and PIN etc. There is a very good website (below) which is usually very reliable in providing alternative landline numbers to 0845/0844 etc., but for the DWP ESA phone number there is literally no alternative. I’ve also made various complaints about other issues to Atos, the DWP, and made freedom of information requests, etc, and although they write back, any phone number they give on letters, even if it’s a normal landline, simply don’t work, or just ring out. I rang one once, a woman picked it up, and said the number I’d rung was a phone on an empty desk which is unmanned, she’d happen to pick it up as she sits nearby. She couldn’t help me with my enquiry, whatever it was at the time.

    http://www.saynoto0870.com/
    (covers more than 0870 numbers, by the way)

    Comment by Dave J — May 15, 2013 @ 11:43 am

  634. Zubz, if you are unsuccessful at the appeal tribunal hearing, then you should be able to make a completely new ESA application – so long as it’s six months since their original decision (i.e. six months since the DWP Decision Maker looked at your Atos assessment points and casually declined you ESA).

    The problem of course, is that then you have to keep getting sick notes, and my doctor sometimes gives them for 3 months, but usually 1 month. I feel very dependent on him, as without the sick notes I don’t know what I’d do. I have an anxiety, panic and agoraphobia disorder and it’s not as easy to demonstrate this to a doctor, as it is with some clearly physical conditions.

    Theoretically though (and someone may correct me on this) so long as a claimant keeps supplying sicknotes then, because the appeal process takes so long, whenever they fail an appeal, they can then reapply for ESA… endlessly, can’t they?. It will be on the lower rate though, of course.

    Comment by Dave J — May 15, 2013 @ 11:50 am

  635. Thanks for the reply!!
    I’ve already applied a sick note 2 weeks back which covers me for 3 months!!
    So I can still apply for ESA at the lower rate!

    Comment by Zubz — May 15, 2013 @ 1:10 pm

  636. Dave,
    thanks for the reply and the ESA helpline number. Of course these companies all make a nice profit from the phone rates, and keep you hanging on as long as possible. I hate to defend BT – my daughter used to believe the initials stood for Bloody Terrible, I’d called them that for so long – but calls to 0845 numbers from a BT landline are free if you have a BT Unlimited Anytime package. I think they’re the only major phone provider where this is the case. No help if you don’t have this of course, unless you know someone who does. Thanks for the saynoto0870 link – it deserves to be much more widely known.
    Incidentally, the CAB number is 0844 – 5p per minute – but if you explain that you are on benefits they will call you back, so no-one need be put off contacting them. They are one of the few organisations where I don’t mind the charges, as they do a great job and are woefully underfunded.
    Neil

    Comment by Neil — May 16, 2013 @ 5:38 am

  637. We call for a Cumulative Impact Assessment of Welfare … – E-petitions
    epetitions.direct.gov.uk/petitions/43154‎
    Please could everyone sign this epetition, and forward it to as many people as possible, whether personally affected by this issue or not. Thank you.
    “First they came for my neighbour
    And I said nothing
    Then they came for my friend
    And still I said nothing
    Then they came for me.”

    Comment by Neil — May 16, 2013 @ 6:17 am

  638. Thanks. I didn’t know how to create a direct link.

    Comment by Neil — May 16, 2013 @ 9:23 am

  639. Hello Neil.

    Right click and copy from the source, then right click and paste on the new page.
    Try it, see how easy it is and you will kick yourself.

    Comment by dwpexamination — May 16, 2013 @ 2:13 pm

  640. Important news:

    There’s been a bit of confusion whether the mandatory reconsideration will definitely apply to income-based ESA this coming October. I’ve been confused, at least. This mandatory reconsideration stage, which everyone who fails an Atos assessment would have to do prior to appealing in future, IS NOT PAID. No ESA at all, and hence no DLA or housing benefit will be paid during the reconsideration period, which can last very many months. The Government has not imposed ANY time limit on the DWP as to how long this should take. Anyway, I found a DWP email address for the Communications department, and asked them directly and clearly if it will apply.
    Here is their response (first two points below are the most important) -

    1. [I asked if the mandatory reconsideration will definitely apply]
    DWP answer: “Yes, mandatory reconsideration will definitely apply to income-based Employment and Support Allowance, from 28 October 2013 onwards.”

    2. [I asked if any payment of ESA will be made during a mandatory reconsideration]
    DWP answer:. “No payments are made during the mandatory reconsideration period for all benefits, including Employment and Support Allowance. It may be possible for claimants to claim another benefit, such as Jobseekers’ Allowance, during this period.”

    3. [I stated in my email to them that their documents contained reasons justifying the change which, in fact, did not provide any logical or demonstrable advantage to the new system]
    DWP answer: “While DWP does already conduct a reconsideration once an appeal is lodged, carrying out a reconsideration earlier in a dispute should lead to the correct decision in a case being reached earlier, which we hope will benefit claimants and reduce unnecessary appeals.”

    So, there you have it. No money at all during the first umpteen months of your reconsideration. The DWP can take as long as they want to reconsider. Their suggestion you claim JSA we all know is absurd. It will compromise your later appeal, and you already hold a sick note from a doctor showing you can’t work, despite JSA being only available for those who can work. And their claim that this mandatory reconsideration will speed things up is incorrect. They already carry out a reconsideration when you appeal at the moment. The new system will not have an earlier reconsideration.

    Comment by Dave J — May 17, 2013 @ 3:31 pm

  641. Hello Dave.

    Thanks very much for taking the time to clarify that.

    I have always known their ultimate objective is to terrorise anyone who dares to stand up to them or appeal against their unfair decisions.

    I for one will not be intimidated, come at me with raised fists and my fists will double quicker, I don’t care how much rent arrears plies up, and I’ve already started well over a year ago saving money for this type of emergency, i Knew they were going to play hard ball sooner or later.

    Anyone who needs my help to defeat these monsters will get it, no questions asked, I’m on your side, this is war and these bastards started it, we are going to finish it some day, and I’ll go to jail first before I even think of capitulation or kowtowing before them.

    This Government and their henchmen in the DWP are nothing but SCUM as far as I’m concerned, terrorising people will not work, it will backfire, and sooner or later they will strike back, I can see revenge attacks coming in the future..!!

    Comment by dwpexamination — May 17, 2013 @ 4:32 pm

  642. Not that we don’t know this already, but here’s a brief BBC video about a former-Atos doctor who said he was frequently asked to change medical assessment reports, twist medical evidence etc…
    http://www.bbc.co.uk/news/uk-22561006

    Comment by Dave J — May 17, 2013 @ 6:17 pm

  643. Cheers Dave…more whistleblowers are on the way hopefully, it’s only a matter of time before they all start signing like canaries..!!

    Comment by dwpexamination — May 17, 2013 @ 7:10 pm

  644. This Government is evil – there is no other word for it. I share all the angry sentiments expressed here. But practically speaking, we have to get an MP to take up the issue in Parliament, because no-one in the DWP is going to take the slightest notice of us letting off steam here. Hopefully Dr Greg Wood will have set something in motion, others will speak out, to the point where the Government can no longer fob us off with lies and evasions.

    Comment by Neil — May 18, 2013 @ 5:51 am

  645. I don’t usually like the indiscriminate use of the word Nazi when referring to any right-wing organisation, but I recently came across the following:
    In January 1938, Himmler ordered all so-called “work-shy” elements to be rounded up and sent to ‘work camps’ (read: Concentration Camps). He said:
    “work-shy elements within the meaning of this order are men who are old enough to work and who have recently been certified fit by an official doctor or who will be certified fit and who can be proved to have rejected offers of work on two occasions without just cause or have accepted work only to abandon it again shortly afterwards without adequate reason…”
    I wonder how many people were actually deemed unfit for work by these ‘official doctors?’
    People sometimes ask how on earth the Nazis managed to impose their evil regime on millions of ‘ordinary’ Germans. The answer is that it was done step by step, incrementally, such that few people saw the bigger picture until it was too late.
    We’re not quite at the stage of putting the unemployed into work camps, but we have taken several steps in that direction – and in forcing young people to do mindless jobs in order to receive a pittance of benefit we are getting dangerously close. The vilification of the sick, disabled and unemployed is another manifestation of the rise of Tory Fascism, as is the cutting of benefits, the attempt to deny people access to legal redress via the cutting of legal aid, the criminalisation of squatters – and so much more. Our liberties are being eroded on so many fronts by the Nazis who are running this country.

    Comment by Neil — May 18, 2013 @ 6:13 am

  646. Neil, I agree with every you say. And I know I quite often mention this, here and elsewhere, but we must also remember that Labour is the same. I do mean that: absolutely the same. This, I feel, is a much underplayed point, and essential for people to really understand and remember if anything is to change for the better. The Tories have free reign to do what they want, because the Labour Party won’t take a stand against it. Indeed, they introduced Atos and work capability assessments. So it makes my blood boil to read and see Labour politicians talking about these “inhuman, terrible cuts and welfare reforms”, when LABOUR WILL NOT REVERSE ANY OF THEM. Okay, Labour may not have introduced these current reforms, but that amounts to little of a defence for Labour when they have no intention of reversing them, or even the worst parts of the reforms. I see people like Tristram Hunt, a Labour MP, well-educated, posh, but only an MP as a career move. Him and people like Liam Byrne are evil, liars and charlatans. Hypocrites. In a way you know you’ll get shit from a Tory… but Labour?.. what happened to protecting the people they purport to care for. I hate them. And because there is no real opposition from Labour, we seem to live in a one-party State, nothing will change for the better because people, many of whom are on ESA or low wages keep voting for Labour. They seem to think the Labour Party is like it was in the 1970s. This endless cycle of right-wing Labour and right-wing Tories, has got to be recognised by those voters, who need courage and commitment to vote for someone else, or not vote at all. People say, oh, you should vote, it’s your right, etc., but I don’t agree with that view. There is usually no party I can vote for, so often I don’t vote. If more people did this, it would eventually cause some sort of parliamentary crisis, because the legitimacy of government would be undermined massively, by a horrendously low turn out. I mean what is the point of someone saying, “I’ve voted Labour all my life, it’s the party for me” when they’re on crap wages, they’re ripped off by the utility companies, there is no investment in the economy, no party chases large corporations for tax, etc., etc.?

    I know you’re not defending Labour, I just think it is important to point out that the problem, in a way, lies with Labour, not the Tories – otherwise in ten, twenty years time things will be much worse.

    Comment by Dave J — May 18, 2013 @ 10:31 am

  647. Dave, I agree absolutely! One reason it’s so important to stop the proposed changes to the assessment process is that it’s easier to stop something before it happens than to reverse it once it’s in place. Like you I doubt Labour will reverse anything – in some ways the Tories are now doing their dirty work for them. I thought it was very revealing, the difference between Ed Milliband’s pathetic mealy-mouthed comments about Thatcher re the protests at her funeral, and the comments by Neil Kinnock, who spoke his mind. I always vote for the Green Party – it’s a pity people still see them as a middle-class party concerned primarily with the environment, as they have much the most progressive policies on most issues.
    I recently read an excellent book called ‘Surveillance Unlimited’ by Keith Laidler – it ought to be mandatory reading for every teenager – about how we are sleepwalking into a surveillance and data-gathering society. Reading about the Labour Party’s real agenda behind the introduction of ID cards, and the lies they told and manipulations they engaged in (Andy Burnham was especially culpable in this) made me lose the last vestiges of respect I had for Labour.
    My friend has the right idea – he’s going to live permanently in Thailand. If I didn’t have a teenage daughter and a major health problem I’d do the same, because I agree with you, nothing is going to improve here. Though on the principle of ‘evil people thrive when good people do nothing’ we’ve got to go on trying.

    Comment by Anonymous — May 18, 2013 @ 12:39 pm

  648. That last should have been tagged ‘comment by Neil’

    Comment by Neil — May 18, 2013 @ 12:41 pm

  649. I might try to get hold of a copy of that book. Just read a few pages of it on Amazon, looks good. I was reminded of when I was driving through London six or seven years ago. I was working there as a contractor, but my car was registered in the north of England, my home address. I turned into a side street in Peckham to drop off a friend and as I got out noticed a police car pull up behind me. They’d been following me for a while, apparently. They had photographed my number plate, then had the database run a check. The police said they wondered why I was driving in London when the car is registered in the north. Basically I was stopped ‘For driving in the wrong part of the country’ as I later called it. No charge of course, but seemed a total waste of police time. They didn’t even do a cursory search of the car.

    It doesn’t detract from what the book says about the extent and invasiveness of surveillance, but like so much in Britain, despite having state-of-the-art equipment, it is often operated by idiots. Like when I came through border control and customs at Waterloo Eurostar terminal a few years ago. I was walking through with a large group of people. They were all dressed in dark suits, etc., I was in jeans, had an ex-army rucksack. Everyone was allowed through unchallenged, except me… an officer weaved her way through the crowd of smartly dressed people to me and started asking questions about where I’d been, and why. I mean, if I was a terrorist, or was smuggling something, don’t they realise I’d dress like everyone else. But no, their unsophisticated minds worked on the idea of: who looks like they may be up to no good, I’ll tackle him. Ridiculous.

    Comment by Dave J — May 18, 2013 @ 1:38 pm

  650. Dave, this doesn’t surprise me in the least. It used to happen to me all the time when I lived in London a lifetime ago, had long hair and cycled everywhere. One day the police stopped me when I was pushing my bike up a hill and demanded to know the frame number! Another time they stopped me at traffic lights and asked what was in my bag. I showed them: books. Still not satisfied they asked me to empty my pockets, and when they found nothing incriminating there they asked me to roll up my sleeves! That one puzzled even me – but apparently they were looking for evidence of needle use. Finally they let me go. This was in the notorious ‘stop and search’ Thatcher years, so heaven help me if I’d been black. I did make a formal complaint, and had a visit from a couple of senior police officers who did a good job of smooth-talking me into waiving the complaint.
    As to your point about the state-of-the-art equipment being operated by idiots, there is some jaw-dropping evidence in the book about this. It’s also routinely abused by security guards who spend their time spying on women.
    If anyone thinks we’re straying too far from the subject of this forum, ie ATOS appeals, all I can say is these issues are all a part of a bigger picture, an attack on many fronts on our civil liberties.

    Comment by Neil — May 19, 2013 @ 5:44 am

  651. What happens next…!!
    Once you loose your Atos tribunal !
    How long before they stop your ESA?
    I have a covering sick note which is gor another 2 months will that help me in anyway!!
    So worried sick!
    Can’t sleep or eat!!

    Comment by Zubz — May 19, 2013 @ 8:31 am

  652. Hello Zubz.

    The DWP will inform you officially within a week that you have lost your appeal and are now miraculously fit for work, they will tell you to sign on for employment and support allowance or find a job, you might find a P45 in the envelope to speed you on your way.
    They won’t tell you that you can re-apply for ESA if you meet certain criteria though, they hope you won’t know you have that option.
    If you want to re-apply for ESA and wish to know the conditions the DWP impose then think up a username and log in to our sister site and ask the members and they will help you.
    http://www.dwpexamination.org

    Comment by dwpexamination — May 19, 2013 @ 12:17 pm

  653. Hi there my spelling is not to clever when it comes to explaining myself, hi have grandmell epylesy, copd, loads of self arming, (my arms are a proper mess), pain in my knees and legs,ATOS ring me because of my epilepsy (would rather not go out) and last week worked the Q in about me going later in the day when shopping because it is quiter and i just said allways, whopps? Have no family are freids to give me support which makes the deprition worst is if it int bed anougth has it is, my Q) is can hi talk them to court and repersent myself at no cost to me and any other advice going of my thinkness of doing things e.g. explaiaing my self.. ..Thanks for your site and any help Chris…

    Comment by Christopher Clayton. — May 20, 2013 @ 6:38 pm

  654. Hello Christopher.

    If you attend an appeal you will be representing yourself anyway, doesn’t matter if you have a ton of lawyers sitting there with you, they are not allowed to answer questions about your health unless you were brain dead in which case you wouldn’t be there in the first place.
    So the panel will ask you questions on the descriptors you are contending, you answer them and you will get ESA, so you are worrying about nothing, they have your full medical history sitting in front of them and I think you will find they grasp situations very quickly.

    Comment by dwpexamination — May 20, 2013 @ 7:38 pm

  655. First of all many thanks for your very very quick reply 2nd thanks for understanding what i wrought (your one of not many), i am on esa now was on DLA, i said to women (the evil one) on the phone why not just check with my doctor, she said they was no need to hmm.So could i do a proper appeal in front of a judge in court to get of esa and be left alone, also the women said has my epilespy got any better since specking to her 5 month back, i want what she said some people get better, that really upset me due to the fact that i,ve been epileptic since i was 11, 43 now, i get 74 pound every on top of my benifits and i think there are trying to take that away from me, all for helping people they could not gave a dam :-(((((
    Thanks for your time Chris.

    Comment by Christopher Clayton. — May 21, 2013 @ 2:41 am

  656. Hello Christopher.

    It’s the appeal that matters, not what the DWP say, it’s out of the DWPs hands now, as I said if you answer the questions at the appeal hearing you will get ESA.

    Comment by dwpexamination — May 21, 2013 @ 4:43 pm

  657. Great news (I think!), the DWP/government lost a court case today – three judges deemed that the Atos assessments discriminate against people with mental health problems. Basically showing that the work capability assessments cannot properly provide an accurate assessment of someone’s illness or condition, and making a mockery of the DWP’s claim that they don’t need to gather evidence from a GP. The DWP is appealing the judges’ decision.
    http://www.guardian.co.uk/society/2013/may/22/fitness-work-tests-mental-health-unfair

    Comment by Dave J — May 22, 2013 @ 7:57 pm

  658. Hi there, who tuck the DWP to court??? And to be classed not fit for work do you have to 1)Be a mental patient 2) Have less then 6 moths to live 3) Run around trying to catch flies that or not there 4) Have bits of your body missing 5) Not speck English 6) Be connected to the right people hmm and 7) Be a drug addict? Hi hope you find this amusing has hi did. Thanks for your time my only friend Chris….

    Comment by cc1com@talktalk.net — May 23, 2013 @ 1:05 am

  659. Just received my a letter I’ve failed my tribunal hearing!!
    I’ve requested to sent a form so I can re apply for ESA is that correct?
    Even though I submitted a sick note which covered me till July I was told that sick note is invalid as its connected to the existing ESA claim which they have now stopped!
    I have to re apply & get new sick note!!
    Can someone please advise!
    Thanks in advance!

    Comment by Zubz — May 23, 2013 @ 10:36 am

  660. Really sorry to hear that Zubz. I think it’s possible to re-apply for ESA, if it is six months since they originally declined your application – i.e. since you got the letter from the DWP saying that you’d failed the Atos work capability assessement.

    This sick note business really annoys me. I’m sure, somewhere, what the DWP keep saying in various situations about sick notes not being valid, is or should be illegal. The sick note is a stand-alone document, it is not connected with an ESA application at all, in a way. A sick note could be used with an employer for example (if the holder was not applying for ESA). So for the DWP to look at the sick note as only related to them is absurd and discriminatory.

    Also, technically, a doctor can’t issue a new sick note until the existing one expires. So the DWP, all round, are talking shit. Of course, if you say this to them, as I have, they say stuff like, oh it the rules. Idiots.

    Comment by Dave J — May 23, 2013 @ 12:10 pm

  661. Thanks for replying!
    Hope my Dr is understanding & won’t mind writing another one so soon!!
    If my ESA is approved do you think I’ll lose much that is payement wise?
    Whilst the new ESA claim is going through?
    So much stress !!

    Comment by Zubz — May 23, 2013 @ 12:34 pm

  662. Given the problem Zubz has had with sick notes, and the DWP being bloody-minded again, would it not be sensible for everyone to photocopy any sick note they send, so that if necessary they can use the same sick note in a different context? Or would a photocopy be deemed unacceptable by these organisations?

    Comment by Neil — May 24, 2013 @ 5:36 am

  663. But I think the DWP are saying they need a new sick note, so they’d know it was the existing sick note by its date. About the photocopy idea – they’d probably say they can only accept the original, but sick notes over the last six months seem to have changed, they’re now completely printed, rather than hand-written. I’m not even sure if my current sick note has the signature of a doctor on it. Which raises the question – they’d actually be quite easy to forge. They’re only a printout from a computer on normal A4 paper, which normal black ink.

    Comment by Dave J — May 24, 2013 @ 8:43 am

  664. Hi zubz, have just got back on track having lost my appeal and having to start all over again. I dated my new claim from the day i lost my appeal 23 April and i submitted a brand new sick note commencing 3 May. The dwp asked for a sick note covering 23 april – 3 may and i told them they already had that from the previous claim they had stopped and that the date on this new sick note is a continuation and therefore there has been no interruption in ‘cover’ as such. They accepted this and paid out from 23 april. A sick note is a sick note! To say it is invalid is UTTER TOSH!

    Comment by Katrina — May 24, 2013 @ 10:33 am

  665. I think I’m going to make a Freedom of Information request to the DWP via http://www.whatdotheyknow.com – about the logic and legality of the DWP saying sicknotes are not valid in some circumstances (i.e. when you fail your Atos assessement, and later, as Zubz said, if the tribunal is lost by the claimant). What they are saying is completely illogical and frankly vindictive and totally unnecessary, but it seems they’re being allowed to get away with it.
    I’ll let you know what the outcome is.

    Comment by Dave J — May 24, 2013 @ 10:53 am

  666. Just got back from my Doc who said the same!
    Couldn’t understand why I had to take the trouble out to get a new sick note !
    The last one don’t run out till August!
    Anyway he wrote a new one back dating from the the day I lost the appeal!!
    I was told your existing sicknote ceased with you loosing your tribunal & with that they closed my case hence need new sicknote with new claim!!

    A quich answer to someone who was talking about a printed sicknote!
    My doc actually wrote it down rather tan printing he also signed it!!

    Comment by Zubz — May 24, 2013 @ 11:05 am

  667. As i say Zubz, they are talking utter tosh! How the hell can a sick note cease??? Thats like a working person being off sick for say three months, meanwhile Aldi gets taken over by Waitrose and when you return to work theres no job ’cause Aldi aint here anymore and your sicknote ceased when Aldi left” as you stand and look at all your old colleagues in their new uniforms! THIS WOULD NOT HAPPEN and it would be all over the press if it did.

    Comment by Katrina — May 24, 2013 @ 1:25 pm

  668. Hello hello all, awesome site i must say !

    I’ve been on Income based ESA since Nov 2012…The work capability assessments I’ve unfoertunately had to cancel the first two back in january due to circumstances beyond my control (two cancellations we are allowed to do) …BEtween then and now i have had ATOS cancel the following 3 work capability assessments (all approx within one hour prior to starting time and whilst i’ve been on way travelling to the assessment!)

    Now this is where it gets a little interesting … as the most recent appointment which was for the last week of april 2013 (the 6th one) i had vomitting and diarrohea from the day prior to the appointment; I expected to recover by the appointment ATOS day, however, still had the symptoms so i promptly rang ATOS and spoke to a male who advised he has placed a note on their system and will be sending me out a form to fill out detailing why i had not attended the appointment. So 4 weeks ago i filled out and returned this form to them…Now today i have just received a letter from the benefits office advising me that as of 2/5/13 they have deemed me fit for work and stopped my ESA. The letter mentions appealing and all the malava etc etc…

    1) How can they do this when i haven’t even attended the work capability appointment; on what grounds ? (I’ve alreadt tried calling to request a statement of reasons for this, but obviously bank holiday so they aren’t open, will have to call back tuesday now)

    2) Is it worth me appealing and will i still be paid the £71 i was getting weekly whilst my appeal goes through ?

    3) I would have considered D&V (diarrohea and vomitting) a genuine and valid enough reason, plus it’s funny that it’s OK for them to cancel on me at the last minute 3 times but i can’t ?

    Any helpful advise gratefully received people(s) (‘,) x

    Comment by Tracy11 — May 25, 2013 @ 1:49 pm

  669. Hello Tracy.

    Well first of all they are not stopping your money for non attendance are they ? they have deemed you fit for work without a face to face assessment.
    And that means your chances of winning an appeal against that decision has taken an upswing.

    Everyone is entitled to a face to face assessment on their fitness to work, but they have chosen certain people – possibly at random – to denounce as fit for work and hope they don’t appeal.

    I don’t know what their figures would be, but we can guess that for every 100 people they announce fit for work without a face to face assessment, around at least half will accept their decision without question, in other words 50 rabbits without any backbone will immediately capitulate.

    Another twenty will stage a small demonstration and when the decision maker bangs on the table and shouts boo they will just hand over the keys, and the other 30 ? they will appeal with around say 25 of them winning.

    So you can see it profits ATOS and the DWP to call your bluff.

    But why would they do that ? why would they send these letters out, why not assess everyone ? well the truth is ATOS cannot cope, they can’t meet the contract they signed with the DWP, the DWP know this and are helping them complete their contract by denouncing people fit for work without assessing them, they do this because they don’t see another way out.

    NOW YOU KNOW..!!

    Comment by dwpexamination — May 25, 2013 @ 9:22 pm

  670. Thanks for the reply dwpexamination.

    I’ve read somewhere on the internet that they have stopped some peoples £71 weekly ESA when it concerns ‘non attendance’ as they like to call it… This is worrying as I rely on these monies to get by if you see what I mean.

    Also my sick note runs out this tuesday 28th may ! So I’m not sure whether to go and get another off my GP and continue sending them in to DWP or not ? Obviously, if i appeal then how do i know if they shall keep paying me the £71 ESA or not ?

    I’m going to call on tuesday to request their statement of reasons to stop my benefit…So am thinking it probably would be ideal if i waited for this to arrive first before deciding to appeal as I don’t know what i’m appealing against at the moment as they haven’t really provided reasons as such on the letter they i received yesterday ! (it’s just a standard format letter , it’s as follows :

    ———————————————————————————————————————

    ABOUT YOUR CLAIM
    ———————————————————————————————————————

    We asked you to go to a work capability assessment on 10 nov 2012 so that a health care professional could advise us on your ability to work.

    [x] We have looked at your reasons for not attending the assessment; or your refusal
    to participate fully with the assessment.

    A decision maker has decided you are capable of work from 4-may-2013.

    [ ] We wrote to you on asking for your reasons for not attending the assessment but we
    have not received a reply.

    A decision maker has decided you are capable of work from .

    This means that we have decided that you are no longer entitled to Employment and Support Allowance.

    ———————————————————————————————————————–

    So that’s basically the letter, as you can see their are only the two option boxes and they have chosen the first one. The odd thing is i only submitted my ESA claim in Nov – 2012 and wasn’t sent any ATOS appointment letters until end January 2013 at the earliest ! So only god knows where they get the 10th Nov 2012 date from !!!

    What would you guys recommend i do ?

    Thanks again ! :)

    Comment by Tracy11 — May 26, 2013 @ 8:27 am

  671. Hello Tracy.

    I’m not sure what you mean you don’t know what you are appealing against Tracy, it’s there on the letter and it’s crystal sparkling clear.

    According to the DWP you were asked to attend an examination on your fitness to work and you did not attend, that’s what it says on the letter.

    There’s a saying ”Read it right and you get it right” seems to me you aren’t reading it right Tracy, if I were you I would appeal immediately, as soon as possible with no messing around. So you will have to demonstrate to the DWP in your appeal a very good reason why you could not attend a fitness for work assessment, and also mentioning all the dates etc.

    Comment by dwpexamination — May 26, 2013 @ 8:39 pm

  672. Hi there, not one for reading but i do read the (e-mails) post of what people have sent too you, what gets is how divided this country is (rich & poor) now, when a MP gets caught (now and again) screwing the tax payer we are told 1ex. they are to depressed too go to court, if we did not have news papers what would the MP,s get away with? When that cow rang me from the DWP (Devil Worshipping Parasites) i asked here if they was enough jobs for every one in the UK, she said “nearly enough” hmm? Yet on the internet the facts say there is 5-6 people in the UK too one open job, you,ve got cammeron keep saying those willing to work he is a *bartered*. also when it too how meney people are not working is a lie, like i am on DLA are what ever it is called now, and classed has out of work yet with being on esa i,m probably classed has inbertween jobs. If we spoke face to face you would beat me up for wingding.

    We can not have legal aid, so how about making up a charitie too get aid for people that have no one to turn to like myself, you see i dont get it, if peoples money is stopped do there live on the street, i,ve not herd anything on the news about that!. At the moment i can spare 10 pound to help out where do i post?

    Thanks Chris the windge bag…

    Comment by cc1com@talktalk.net — May 27, 2013 @ 6:27 am

  673. just got back from my tribunal in birmingham.

    surprise surprise they never got my medical evidence,i was going off on one saying how they all piss in the same pot.
    Then i remembered that id got the post office receipt in my wallet showing when and were it was sent to,

    When i was called into the room i was told by the judge that usually he would adjourn the hearing but in this case he did’nt need to as my medical evidence would have no affect on the outcome.

    He went on to say that the medical report from atos was very worrying as the ME states i had no grip in finger and thumb of both hands and no grip in one fist and slight grip in the other.
    she also said that i took two steps with the aid of a walking stick then fell down as my knee gave way.
    she went on to say she was concerned and offered me medical assistance in the form of a paramedic but i refused.(too right i refused had enough of her pissing about never mind a paramedic as well)

    the judge said he could not believe that under her own submission she witnessed this and gave me zero points for mobility.
    Anyway to cut a long story short he awarded me the 15 points needed and awarded me the support component.

    i now await the letter saying i need a doctors note to which i will reply with a copy of my award from the tribunal and a polite note reminding them they owe me a small fortune.

    Then as we all know the dreaded form will drop on the mat for another farcical sorry i mean medical lol.
    and round two of there little game will begin. (can see this becoming a local derby) until we relegate the bastards.lol

    was gonna name and shame the ME and the decision maker but dunno if its allowed on this forum?.

    by the way i done this appeal on my own guess i got lucky and they scored an own goal but next time after reading the comments on here i will certainly seek help.
    thanks to everyone who as posted and good luck for the fun and games ahead.

    BRING IT ON YOU HEARTLESS BASTARDS

    Comment by dontliedown — May 30, 2013 @ 1:30 pm

  674. Hello dontidown.

    Thanks for the update and good to see you’ve won your appeal.
    The DWP deliberately held back your medical evidence ? it’s incredible isn’t it ? chiseling little crooks that they are.

    Comment by dwpexamination — May 30, 2013 @ 3:55 pm

  675. Hi dontliedown – were the 15 points directly related to descriptors, or did they just work on the idea that you deserve ESA and therefore they then gave you the minimum amount of points, just to speed up the tribunal? It’s important because there’ll be a subsequent Atos medicals for you (and me) coming up and Atos will do all they can to drop the points, so always best to achieve as many as possible on earlier medicals. Then if it comes to another tribunal then you can always say, look I was awarded x amount of points last time for the same illness. So if you got 15 points then they say oh, now you’re partially better, we’re dropping you down 6 points, then you’ll no longer qualify. But if you’d started say on 24 points then even a drop of 6 points will mean you’ll still get ESA.

    Comment by Dave J — May 30, 2013 @ 6:39 pm

  676. dave j

    decision note reads

    in applying the work capability assessment 15 points were scored from the activities and descriptors in schdule 2 of the esa regulations 2008 made up as follows

    1(a)(ii)-15 points

    the following activity and descriptor from schedule 3 of esa regulations 2008 applied

    1(b)

    Comment by dontliedown — May 30, 2013 @ 7:22 pm

  677. Thanks, don’tiedown. I see they’ve applied the points for a specific descriptor, which makes sense. Well, I’m glad you’ve got a bit more peace of mind after the tribunal. Cheers for getting back to me.

    Comment by Dave J — May 31, 2013 @ 8:41 am

  678. Hi, I wonder if you could clarify something for me? On ESA and I am appealing so they are paying me the assessment rate whilst I am waiting for hearing date and I am having to supply constant sicknotes. They say we are not paying you but they are! That is really confusing and how does it affect things like free dentistry (on NHS), glasses and prescriptions? I say that because I have the original award letter saying we can pay you it and then a letter in Sept last when they said no way – which is in fact the last correspondence I have had from DWP apart from them keep sending disputes to the courts about my evidence when I send it in! Presumably the original decision letter is good enough to show when I need that discount? Also, it is useful and very consoling to read others expereinces on the website but surely we should not even need a website like this if they were giving us our benefits free with no conditions simply cos we don’t have enough income? Hey ho.

    Comment by melanie watson — May 31, 2013 @ 10:08 am

  679. Melanie,

    The DWP pay the reduced rate of ESA during the lead up to the appeal tribunal. So although they’ve sent you a letter saying you can’t have ESA, they really mean until after the appeal tribunal, if they lose it. However, for those starting the appeal process after the 28 October this year, the first part of the appeal process (the DWP reconsideration) will NOT be paid. People will get no ESA (and hence no DLA). This reconsideration process could last months, though the DWP are saying they’ll keep it short (fat chance). After this new “mandatory reconsideration”, the lead up to the tribunal starts, during which ESA will be paid. The DWP say that after October, during the reconsideration stage, people could apply for JSA, which is absurd for so many reasons, not least because you’re supposed to be available for work to qualify for JSA, which is stupid for ESA applicants, who are often and clearly not fit for work and usually hold a sick note!

    Sending in sick notes is really a chore, I find, and I often expect my doctor to get sick of it himself and suddenly refuse to write me out a new one. Occasionally a doctor will write a sick note for three, instead of one, month – so may be worth asking for that, depending on your conditions/illness.

    For free dentistry, glasses, prescriptions, I think you need to apply for an H2 letter/certificate. Ask about it at your local CAB, or Jobcentre. There’s a form you fill in to apply for it, it’s very routine, and short, and you’ll get a letter back which you can then take to the chemists, opticians, etc. In the meantime, I think the original DWP letter saying you’re getting ESA (I mean before you had the Atos assessment) should be enough to show the chemist.

    Comment by Dave J — May 31, 2013 @ 11:19 am

  680. Sorry, I meant in the first sentence above “… if they win it”. In other words they’ll pay ESA right up until the point at which you possibly lose the appeal tribunal in court.

    Comment by Dave J — May 31, 2013 @ 11:22 am

  681. I’ve commented quite a bit on this webpage and thought I’d give a quick update on my appeal. Weirdly, today, I got a large envelope from the DWP with copies of the records they hold for me. I got this through a data protection request for personal information. They’re obliged to do it, if asked. Anyway, I had a quick look through, and the very last page showed that two weeks ago they decided that, despite my faiiled Atos assessment last November I could in fact receive ESA. In other words… I’VE WON MY APPEAL!! Strangely the decision was very quick (they only told me in February that I’d failed my Atos assessment with six points). And even more strangely, when I rang the DWP today to ask where the letter is informing me of this decision (apparently a letter is in the post and will arrive next week) they said that the decision was not part of the internal DWP reconsideration which they always do even if you’ve sent an appeal form in – they actually changed their mind at the appeal stage. So apparently the actual appeal has two stages – most people only know of the second bit, where you attend a tribunal. But unknown to me until today, there is also a first stage where the Court service in conjunction with the DWP, consider the decision. And it was at that stage that I won. I don’t even need to go to court now. Does this make sense? I’ve never heard of winning an appeal when the claimant doesn’t even know the appeal is taking place yet. Their decision lasts six months, then I’ll be called in for another Atos assessment, but I’m pretty happy. I’ll also get back-payments.

    I won on Regulations 29 and 35, according to the personal records sent to me today – I’m not even sure I mentioned these in the evidence and letter I sent to the DWP to help them decide (although I did send in a very long letter politely arguing my case, plus a doctors letter, etc). These regulations are basically saying that if a claimant was forced to go to work or claim JSA then they’d be at risk, that their mental health would possibly get worse, or their condition would get worse.

    Also, finally, I’ve been put in the support group. I am a bit in shock. All very quick: I’ve won the appeal, I’m in the support group (VERY hard to get in this group under this appalling system), and back-payments.

    Comment by David — May 31, 2013 @ 4:29 pm

  682. Hello David.

    That just proves the appeal courts and the DWP – as pointed out by the benefits and work website a couple of years ago – are in cahoots with one another.

    Comment by dwpexamination — May 31, 2013 @ 5:50 pm

  683. That’s a good point, I hadn’t thought of that, to be honest.

    Comment by David — May 31, 2013 @ 6:45 pm

  684. Hi David, thats what happened to me too though I didn’t request any records. I failed my assessment and was awarded only 6 points, I asked for my case to be put forward to independent tribunal after DWP still stood by their initial decision. That was Oct I think, seems so long ago…..I was on basic rate ESA till then but in February I received letter saying they had looked again at the facts and evidence used to make their decision and as a result they had changed their decision and that it would not be sent to an independent tribunal as the decision was in my favour and my WRAG ESA was re-instated and backdated. Its interesting to read what you said about the first stage where the court service in conjunctio nwith DWP consider the decision. That makes sense in keeping costs down, I was told a few years back that each member of panel would get about £200 a day? whatever it was it was a lot especially if the decision was overturned by the panel. DWP was losing out on expenses of panel and the ESA being re-instated and backdated. This must be fairly new as a way of fresh eyes looking at each case and then only sending those they still think are chancing their luck. A way of trying to get better figures re the number of cases the DWP win?

    Comment by LisaRob — May 31, 2013 @ 11:12 pm

  685. Hello,I have not had my assessment date yet. May I ask when they send you a decision is information on how to appeal enclosed. Also is the Decision makers address enclosed. Where is the decision maker, at the job center.Im confused and want to know what to do when the time comes. Sorry if I sound so uninfored but the truth is I am. Im also concerned because my doctor gave me a medical report on arthritis of the spine,chronic pain and depression and anxiety. I have arthritis in my knees and severe deterioration in wrist. She gave me nothing on this and when I asked her she would not answer. I dont know what to do. Please advice. Thank you and I love your site.

    Comment by Anonymous — June 1, 2013 @ 8:09 pm

  686. Replying to the previous comment – when you get the decision letter it will NOT contain the GL24 form which you need to fill in if you want to appeal. You can get one from your local Citizens Advice Bureau (CAB). You can send off for one, but it’s best to get one quickly and send it back to the DWP (recorded signed-for delivery), so that they can start paying you ESA during the appeal. If you send off for one, then there’d be a big gap in your payments of ESA. I am fairly sure the GL24 form also has on it the address you send it to. If not the CAB will help you. In fact I would recommend a visit to your local CAB now, so you can ask all the questions you want. They’re normally pretty good. The DWP decision maker – I’m not sure where they are – maybe it depends on which part of the country you’re in. Mine was in either Bathgate Scotland, or Preston. The decision maker is at the DWP, but not actually at any jobcentre you can visit. You have to ring them, on the normal ESA telephone number.

    Not sure what you mean about your doctor’s report. What do you mean: “she gave me nothing on this…” ? Do you mean she did or did not give you are report/letter? Let us know and I’m sure me or someone here can give you further advice. By the way, if you write to a doctor, in my experience they’re too busy to reply directly to you – they will write a letter about your condition, but you’d probably have to pick it up from the surgery. Although if you rang them and mentioned your arthritis, the receptionists may post it to you. Keep a copy of any important documents before sending them off to the DWP (doctors letter, sick notes, etc). Could someone photocopy documents for you, a family member?

    Comment by Dave J — June 2, 2013 @ 9:47 am

  687. Hi,
    I’ve just been awarded ESA, with a review in six months time. Does anyone know if when the six months is up they definitely call you in for an Atos assessment, or do you fill in another form and then they decide from there if you need another medical assessment?
    Thanks

    Comment by Dave J — June 3, 2013 @ 12:51 pm

  688. They sometimes review in your favour Dave but that’s unusual, other times they send an ESA50 Questionnaire, depends on the nature of your illness and how severe.

    Comment by dwpexamination — June 3, 2013 @ 2:12 pm

  689. Thanks for your message. That’s reasonably good news, means I can send in evidence etc., in advance of them deciding one way or another whether to parade me in front of Atos again.
    Cheers.

    Comment by Dave J — June 3, 2013 @ 4:01 pm

  690. Make sure it’s copies Dave, never send these people originals, because they never see the light of day again after they get their hands on them..!!

    Comment by dwpexamination — June 3, 2013 @ 9:36 pm

  691. Hello,

    It is just by luck that i found this website and i really hope someone will be able to help me …

    Basically my mum got 0 points for her medical and after nearly a year she had her tribunal last week and they declined her appeal. They said i need to send an email incase I want them to give RESONS FOR DECLINING.

    anyway, the lady said i can still make a further appeal but i am feeling really scared about it. Plus my mum is very fedup of all this mental abuse.

    So i just need to know what are the options she has?

    She is told that for any further appeal she will NOT recieve ESA now .. not even at reduced rate so its best if she claims job seekers…

    So is that what we should do? make another appeal and go on Job seekers?

    Also, she had a knee operation about 12 weeks back and doctor said it could take anything upto 6 months for her to recover .. so I think based on that she can still get sick notes from her doctor .. so is there anwyay she can still be on ESA? or is Job seekers her only choice?
    The biggest worry is the delay in moving between benefits and being short of money and having trouble with Housing benefit etc etc etc

    Any advice is much appreciated .. need it badly

    God BLESS…

    Comment by Chan — June 11, 2013 @ 2:02 pm

  692. I would also like to add that last year she got 6 points and had hearing and was given the remaining points… Circumstances are the same if not worst compared to last year .. then why have they given her just 0 points now we dont know ..

    Infact the hearing went pretty well and we thought her appeal would get accepted .. But unfortunately it didnt.

    Comment by Chan — June 11, 2013 @ 2:04 pm

  693. Chan, this is just a quick reply, and doesn’t answer you fully – but I’d recommend getting down to the citizens advice bureau and asking them if your mum can make a new application for ESA. She should be able to because it is over six months since the decision to decline her ESA. During a new application your mum would get the basic rate of ESA.

    Comment by Dave J — June 11, 2013 @ 7:05 pm

  694. Hello Chan.

    As Dave says, your mum doesn’t have to sign on for work, she can re-apply for ESA, although the DWP may try to persuade her otherwise, just get the form to re-apply and do it as soon as possible.
    To re-apply for ESA there is a couple of strict conditions, six months have to have passed since she was last found unfit for work by the DWP, AND there has to be a worsening of her present health condition and or a new health condition, one last condition she can meet is a sickline from her Doctor has to be presented to the DWP in order to be eligible.

    How to re-apply is simple, if help is needed on how to do this, then think up a username and log into our sister site and ask on the general discussion page.
    http://www.dwpexamination.org

    Comment by dwpexamination — June 12, 2013 @ 8:08 am

  695. Thanks alot Dave and Dwpexamination for your replies .. Just some quick questions:

    1) Will a sick note from Gp covering her for couple of weeks / months enough to re-apply for ESA and to get started off with?

    2) When you said she can apply after 6 months .. that means 6 months from the time ATOS found her fit for work rite? not from her tribunal getting rejected?

    3) lastly, what will the consequences be if she goes on JSA ? I mean will they be very harsh on her looking for work? (She is 49 now)
    Its only because she is now extremely despressed and fedup with ATOS and she was saying instead of living in misery having to see ATOS all the time I might as well sign on with JSA ( Although i know JSA might endup sending her back to ESA but atleast i have heard ESA takes longer to get started and her housing benefits will get suspended soon and her landlord is another pain)

    Will be very grateful if i can get the answers to these questions.

    Takecare …

    Comment by angelatheart — June 12, 2013 @ 8:57 am

  696. angelaheart.

    The answers are as follows.

    (1) Yes.
    (2) 6months from the date the DWP decision maker said she was fit for work.
    (3) She will have to declare that she is fit for work, and that basically means any job they see fit. So you can see, being fed up with ATOS is natural, but when you meet up with the DWP staff who are under serious pressure she’ll soon know what fed up really means. The moral ? re-apply, and demonstrate to them their strategy of trying to make you fed up didn’t work.

    Log in to our sister site and learn your rights http://www.dwpexamination.org

    Comment by dwpexamination — June 13, 2013 @ 8:55 am

  697. i appealed and recieved a letter this mornin stating as i never appeared 4 the hearin( even though i can not leave the house alone ) 2 prove im on medication and recievin medical intervention i,e councilling my case as being denied so it was just pointless even appealin

    Comment by Angie Weston — June 14, 2013 @ 6:41 pm

  698. Hello Angie.

    Did you not have a representative there on your behalf ? you should have some support, either from the CAB or your local welfare rights office.
    You can appeal to the second tier if you wish, you must ask for a statement of reasons first, then look for an error in law.
    Meanwhile you can re-apply for ESA, if you need help doing that then just visit our sister site and log in
    http://www.dwpexamination.org

    Comment by dwpexamination — June 14, 2013 @ 7:56 pm

  699. My partner received a phone call from the tribunals last week asking why he wasnt at his hearing for his ESA claim. He never received confirmation of his hearing date, hence why he wasnt there. He asked them if they could reschedule and tell him the date via phone call as well as in writing, however they informed him they would hear the case without him. He did not receive a phone call telling him of the outcome but has since received a letter from Housing Benefit saying that because he is no longer in receipt of benefits they have stopped his HB. He then received a P45 from DWP and a letter stating he is no longer entitled to ESA. He has appealed this again as he was wrongly stripped of his benefits. Will they restart his payments during this second stage appeal or will he have to reapply for ESA?

    Comment by RedQueen — June 15, 2013 @ 3:56 pm

  700. Hello RedQueen.

    It’s a ridiculous situation isn’t it ? and seems to be happening to a lot of people, coincidence ? I can’t believe it’s a coincidence.

    He was refused ESA by the appeal panel on the date the decision maker informed him he was fit for work (Not the date he was assessed by ATOS), as long as six months have passed since that date, and he has either a new health condition or a worsening of his present health condition then he can re-apply for ESA. A Doctors note will have to be supplied.

    Log into our sister site and learn your rights http://www.dwpexamination.org

    Comment by dwpexamination — June 16, 2013 @ 12:48 pm

  701. I suffer from severe depression and anxiety ,I had my assessment on 21st feb 2013 , I have only just received a letter dated 11th June 2013 to say I’m fit for work.i got 6 points.
    I really don’t know what to do now,as they have been paying me ESA ,they have said I’m not untitled to it from 8th march 2013. Does this mean I will have to pay back all the payments they have made since then ? I’m very confused .

    Comment by Lorraine — June 17, 2013 @ 1:53 pm

  702. Hello Lorraine.

    You should appeal immediately, it’s quite easy to appeal.
    Walk into any job centre plus and ask for a GL24 appeal form. Or write to the DWP and indicate to them you do not agree with their decision to find you fit for work therefore you wish to appeal, in order to do this could you please forward to me a GL24 appeal form, please also forward to me my ESA85 assessment report.
    Log into our sister site and learn how to appeal and also learn your rights http://www.dwpexamination.org

    Comment by dwpexamination — June 17, 2013 @ 2:14 pm

  703. But will I have to pay money back ?

    Comment by Lorraine — June 17, 2013 @ 2:18 pm

  704. No, you won’t have to pay it back. And in addition to being able to get the appeal form (GL24) from the DWP or a jobcentre, you can usually get one from the Citizens Advice Bureau. Until two months ago you would have been paid for all of the appeal period, but now they do an initial reconsideration, during which you’re not paid ESA,or DLA. You should still be able to get housing benefit during the reconsideration stage and any subsequent appeal stage. I wouldn’t necessary get the DWP to send you an appeal form, as this could take a long time. I would use the jobcentre or Citizens Advice Bureau.

    The DWP say the reconsideration stage (during which you won’t get any money) will be kept to minimum, but who knows? Luckily, when I recently rang the 0845 ESA telephone number the waiting time was only about a minute, so I think they may have finally improved it. I used to be kept waiting for half an hour. This is important as you will want to ring them now and again to get them to make a decision about your reconsideration, so that you can then move on to the stage of the apeal when they will start paying ESA again. I would recommend a visit to the Citizens Advice Bureau not just for the form, but also for advice in filling it in. It’s not complicated, but but their advice should be useful to you. They will also be able to help with advice about providing further evidence of your illness, from doctors and therapists letters etc. And, as part of your appeal, send in a letter explaining how your illness affects you. The CAB should help with this too. I was successful recently and was awarded ESA in the support group for six months because of exceptional circumstances (clause 29 and 35)… mention this in your letter to the DWP and ask the CAB about it. It sounds like it may be relevant to your illness.

    You may also need to write on your appeal form explicitly that you want paying ESA during the appeal process. CAB told me to do this. Apparently there have been cases where the DWP haven’t paid ESA during the appeal process just because the claimaint didn’t ask for it. That’s how devious they are.

    Any more questions, don’t hesitate to ask…

    Comment by Dave J — June 17, 2013 @ 3:08 pm

  705. Lorraine, I also meant to say that I originally got 6 points, so all is not lost. Keep positive (easy to say, I know, and it’s not meant to be patronising), get as much help as you can, online and from charities and don’t give up. Remember that a lot of what the DWP and Atos do and say defies logic, or is just plain vindictive, so don’t blame yourself. Thousands are in a similar position and we help each other as much as we can.

    Comment by Dave J — June 17, 2013 @ 3:29 pm

  706. Im so comfused.i really need help, why does my letter say its stopping in march.but they still kept paying me
    Why will it effect my housing benefit ?
    How can I live ?
    Would it be better to claim esa?

    Comment by Lorraine — June 17, 2013 @ 3:36 pm

  707. My husband suffers with a heart problem also server pain is his shoulder due to been a removal man for years, he was signed off a few years ago, and now suffers depression and memory loss as well and is on a whole loads of meds. Today we received a letter stating that he is fit enough to work and that our money had been stopped from the 15th. Even though a new sick note from the doctor was sent last week….. I find this disgracefull as our money was due to be paid tomorrow and this has left us with no money for food gas/electric etc. will housing benefit stop too?? I rang them and asked what we should do, they said to appeal so I printed the forms off and sent them off. I also went to the jobcentre and asked them what the hell are we supposed to do I have 3 kids to feed. All I got was ‘send your form off and wait’. Totally at wits end at the moment…

    Comment by bettyboo — June 17, 2013 @ 5:29 pm

  708. Hello Bettyboo.

    For four years I’ve been on this site letting everyone know what is going to happen to them, trying to warn people to put some cash aside because when they stop your money they have no mercy or compassion, they don’t care if you are penniless or if you have kids, I wish people would just listen to me before it’s to late.

    What they are telling you is at least the truth this time, and you have appealed, I do hope you have been listening to me over the last four years and put on your appeal form that you wish to be paid the assessment rate while you wait for the appeal to be heard ? please tell me you did ?.
    Because if you don’t, guess what ? they don’t pay you anything.

    So if you didn’t ask them by putting it in writing then just to be on the safe side, send them an update letter, some extra appeal information and put at the end.
    I wish to be paid the assessment rate while waiting for the appeal to be heard

    By the way, talking to these people on the phone about getting money from them is usually fruitless, you will invariably be (Bet your last Bottom Dollar) talking to the village idiot.

    If you want to learn your rights without listening to a load of bullshit, then log into our sister site http://www.dwpexamination.org

    Comment by dwpexamination — June 18, 2013 @ 8:45 am

  709. Thank you dwpexamintion very much for your reply. Its a shame I didn’t find your site sooner. As they did the same thing right before xmas and left us totally in the c!£p. I didn’t think they would do this again. I will be sending them an update letter today. I have spoken to them again and they said we will be paid while the hearing is heard but wont receive a payment for up to 7 days. But because we get paid every two weeks we do a big food shop every two weeks and pay bills etc. Its just very upsetting that these people just don’t care and give you no pre-warning. I have been putting what I can aside but when your on a very tight budget its very hard. Thank you again and I will having a good old read of your site .

    Comment by Anonymous — June 18, 2013 @ 9:03 am

  710. 711.Thank you dwpexamintion very much for your reply. Its a shame I didn’t find your site sooner. As they did the same thing right before xmas and left us totally in the c!£p. I didn’t think they would do this again. I will be sending them an update letter today. I have spoken to them again and they said we will be paid while the hearing is heard but wont receive a payment for up to 7 days. But because we get paid every two weeks we do a big food shop every two weeks and pay bills etc. Its just very upsetting that these people just don’t care and give you no pre-warning. I have been putting what I can aside but when your on a very tight budget its very hard. Thank you again and I will having a good old read of your site .(sorry re-posted as I didn’t put my name)…

    Comment by bettyboo — June 18, 2013 @ 9:05 am

  711. Need advice please after receiving conflicting advice from job centre plus numerous calls to them!
    I’m at lost & very stressed out!
    I had a medical in oct 12 which I failed
    Appealed to tribunal which again I lost in May13
    My existing ESA claim which was being payed at the assessment rate was closed
    I was told I can Re-Apply again for ESA which I did with a new sick note for 3 months!!
    I just called them today asking for an update!
    They advised me I can’t apply for ESA because 6 months has to pass from the date of my tribunal!
    I told him h e was wrong and it should be 6 months form the date of my failed Atos medical & NOT Tribunal date!!
    He became angry as I was insistent that he was wrong & then he ended my call!
    So who’s right him or me?
    I’m getting very stressed out!!
    I forgot to mention he said I can only apply for Jobseekers even though I’ve submitted a sicknote for 3 months!
    I’m not fit!
    Thank you in advance!

    Comment by Zubz — June 18, 2013 @ 10:53 am

  712. zubz, I am certain it’s six months from the date of the DWP’s decision to decline you ESA. Therefore the idiot you spoke to at the DWP is wrong. In addition, I think also that you have to have an additional illness or condition, or the illness which your last application related to has to have got worse. Sounds more complicated than it is, but you can see your doctor and tell him certain symptoms have got worse, or just write it on your new ESA application form. That’s not exactly lying, but simply a case of hopefully being able to ultimately get what you deserve, which is ESA.

    Comment by Dave J — June 18, 2013 @ 1:34 pm

  713. Cheers Dave

    Apparently they’ve now lost my sick note plus the forms for new ESA claim!
    So now I’ve to go to Doctors to get another sick note!!
    The nightmare that is never ending!!

    Comment by Zubz — June 18, 2013 @ 2:55 pm

  714. i recieved 6 points after my atos medical,they say even though i cant walk or stand for long periods of time and have to use a walking stick after a severe accident at work that i can sit and do work,so yesterday off i went for my appointment to clain jsa,when i arrived i was told by the interviewer to appeal against this decion and she filled the forms in for me and put them in internal mail for me,she made a point of saying it,s ok for them to say you can work sitting down but where are these jobs,seems like not all people working for the dwp are in agreement of these stupid decions made,any pointers on how the appeal system works.

    Comment by Dave-B — June 18, 2013 @ 7:11 pm

  715. Hello Zubz..

    I can assure you that you are right, the date you can re-apply is not from the tribunal date but the decision makers date.

    Zubz…why are you arguing with these muppets on the phone ? surely you should know by now you’d be better talking to the wall ?.

    Everything in writing, everything.

    Comment by dwpexamination — June 19, 2013 @ 8:47 am

  716. You’re right not to argue with this lot!!
    But frustration gets the better of me unfortunately !!
    I’ll be writing 1st thing tomorrow morning!!
    Let c where that takes me!

    Comment by Zubz — June 19, 2013 @ 3:30 pm

  717. hi dwpexamination. Many thanks again for your help along these long months of hassle and deterioration of health beacause of it. my conditions is much worse now after being on appeal rate since end of october. I recieved a letter from hm tribunals regarding my esa reassesment appeal. they state it will take between 23 – 27 weeks to have my tibunal. Due to my conditions i will not be attending the tribunal. i dont even leave my home.

    My question is, would it make much of a difference if i appear and use a representative for my tribunal? i really can’t face up to anymore. the evidence i have for overturning the appeal is strong, i have more information to give. i have 14 days to send back info. Shall i go ahead with no representative? would it make a difference. im really in a bad way and worse since these last 8 months. Now i have a 23-27 week wait.

    This seems like the last stages, is there anything else id need to know?

    Thanks again, so much, without your help i dont know how far i could’ve got

    Comment by Anonymous — June 19, 2013 @ 7:07 pm

  718. Hello Anonymous.

    I can’t say because I don’t know the nature of your illness, all I can say is it’s better to be represented, and a face to face tribunal has the best results.

    You can log into our sister site and go to the general discussion page explain your illness and ask our members… http://www.dwpexamination

    Comment by dwpexamination — June 19, 2013 @ 11:04 pm

  719. hello everyone.I have an appeal this week and I am dreading it! The thing is I went to an appeal two years ago, it was a nightmare which i thought I would never have to go through again.I have just watched a video on another site showing an appeal.It is all lies! it is from the DWP it shows a lovely jugde and doctor talking to this guy and even asking his friend about his problems with his bad back.It is a total lie. When I went, the judge humiliated me made me feel so small and worthless.I was suffering depression at the time and I used to go to my dads grave alot I must have written that down and the judge said do you honestly expect me to believe thats is the only place you go to?
    He was really nasty and condisending. Well I lost my appeal. Now I have another illness was told I am fit for work by an awful ATOS ‘nurse’ so my appealis this week and it is totally doing my head in haven’t slept all week.

    Comment by sharon — June 24, 2013 @ 9:04 pm

  720. Well Sharon let me tell you a secret, the next time the judge starts getting cheeky and asks you if you expect him to believe etc etc and you feel belittled.

    Look at him as if you were possessed by Satan, and reply in an extremely loud voice, I DON’T GIVE A F*** WHAT YOU BELIEVE YOU PIECE OF SHIT, YOU ARE ALL NOTHING BUT A BUNCH OF CHISELING CROOKS AND ARE ALL IN IT TOGETHER ALONG WITH THAT OTHER PIECE OF CRAP IAIN DUNCAN SMITH, don’t ever talk to me like that again, and bounce a pencil or pen of the table.

    The appeal will come to a grinding halt on the spot, and you will be invited to leave, and you will get Employment and support allowance, trust me.

    There’s no law that says you need to take crap from anyone, so don’t take it…!!

    Comment by dwpexamination — June 25, 2013 @ 4:38 am

  721. i think everyone should all us the freedom of information act,and request all information held on them ,too jobcenter + and atos and also dwp ,i think it will turn up lots of information that will help your appeal ,

    Comment by Anonymous — June 27, 2013 @ 5:07 pm

  722. another thought,the reason behind all this atos crap is they fail you ok.your on 110 pounds for disability,after you fail your put on 70 pounds thats saving govenment 40 pounds per person a week ok.then they give the queen 5 % rise?makes me sick.im going to fight till the end>freedom of information ,do it it cost nothing but a stamp ,god bless all

    Comment by Anonymous — June 27, 2013 @ 5:20 pm

  723. Anonymous – yes, true. I made a series of freedom of information requests, and also requests for personal information, which are slightly different. I did that for Atos and for the DWP. I found out various things which I used in my appeal which I’m sure helped me win it. Such as the complete lack of experience and qualifications the nurse had in mental health issues. And that for some illnesses, Atos are supposed to get evidence themselves from the GP, which they hadn’t done in my case. I really went to town on them in my appeal letters.
    Also, I’ve sometimes thought that if hundreds of thousands of us made FOI requests at the same time, then it would potentially really bugger things up for them, possibly meaning they would grind to a halt.

    Comment by Dave J — June 27, 2013 @ 7:28 pm

  724. dave j. thats what i think they cant cope now so if they had to don this for everyone then i think it would at least eat into their profit margins and maybe as you say grind to a holt ,i think everyone should do this its the only way ,god bless to all

    Comment by Anonymous — June 27, 2013 @ 8:59 pm

  725. dave j,yes we all need to do this it would eat away at the profit margins and grind to a holt for sure ,god bless

    Comment by Anonymous — June 27, 2013 @ 9:03 pm

  726. God bless you too Sir…lol.

    Comment by dwpexamination — June 28, 2013 @ 9:37 am

  727. Hi, just wanted to come back and advise I finally went to tribunal yesterday and went from 0 points at medical to 15 and am in the ESA WRAG group! I am really relieved and never thought it would actually happen. What I wonder now is: do you be reassessed regularly at Atos still? Is that instead of sick certs? My sicknote runs out next week and apparently it can take 6weeks to hear from DWP. Do you know what happens during this hiatus? If it is not sorted within 2 weeks when my next pay is due will they give me an interim payment at old rate? I was totally shocked at how lovely the doctor was I saw and in practice it was a lot easily then I thought. No comparison with the harshness of the Atos medical. So if you are appealing anyone, I guess the motto is to be strong and keep going! My only real worry is that they have told me that DWP are going to refer me to a service provider and what happens if I cannot do what they say? I guess the whole thing happens again re signing off and getting sicknotes but when can you make a new claim to ESA in those circumstances? Thanks for your help re the nitty gritty.

    Comment by Melanie Watson — June 28, 2013 @ 9:46 am

  728. Melanie.

    It will take the DWP around six weeks to acknowledge in writing that you have won your appeal.
    You do not have to supply them with anymore sick notes until your next failed assessment (Which can be any time) but since the DWP at the moment do not have the appeal services decision yet, you might find the DWP will demand you send them a sicknote.
    So what you should do is send them a letter now and inform them you have won your appeal.
    On your appeal notice you received from the panel there is a number, inform the DWP of that number and let them know about your appeal being won and on what date etc, this will help speed up your entitlement to money.
    The DWP do not deal just in names, they deal in numbers, appeal numbers, and national insurance numbers, because there are thousands of Mr Smiths.

    Comment by dwpexamination — June 28, 2013 @ 3:07 pm

  729. where do i stand if i lost my appeal because i did,nt attend the hearing due 2 not being able 2 go out on my own , esa stopped 20th june my GP as given me a doctors note for another 2 months im also due 2 have counciling 4 my anxity an deppression but i have been told doctors note wont count

    Comment by angie — June 28, 2013 @ 3:07 pm

  730. Hello angie.

    I assume your saying you have – as opposed to if – lost your appeal and your ESA has stopped on the 20th of June ?.

    You can re-apply for ESA ? as long as at least six months have passed since the date the DWP decision maker found you fit for work, and/or you have a worsening of your present health condition or a new health condition.

    If you cannot meet the above criteria then your only other option if you need money is to sign on for Jobseekers allowance.

    If you do re-apply then in order to comply with the law you will definitely need a sicknote, so whoever said it doesn’t count is talking rubbish.

    Comment by dwpexamination — June 28, 2013 @ 6:04 pm

  731. ,i lost my appeal on the grounds i did,nt attend so could,nt prove i was on medication or had medical intervention,i recieved a letter from dwp this morning stating my esa finished on the 20th june , my GP gave me a sick note dated 25th june for a further 2 months even though i,ve sent this in i was told dwp would ignore it , thank u 4 your help

    Comment by angie — June 28, 2013 @ 6:36 pm

  732. Hi Regarding being put on WRAG GROUP, after winning your appeal, by tribunal, not sure but want to check, is that correct about having to send in sick notes anymore, thought only support group need not send in sick notes, thought people on WRAG GROUP still had to send in sick notes, please check and let me know, because I was put on WRAG GROUP after appeal tribunal, and thought I had to keep sending sick notes in, hope I`m wrong.

    Comment by ray — June 28, 2013 @ 11:01 pm

  733. Hi angie.

    Just re-apply for ESA, your health condition has worsened with all that stress hasn’t it ?.

    Here’s the annoying part, even though you have sent in a sickline the DWP will inform you that you have to supply them with a sickline, and if you say that you have already sent them a sickline they may say they didn’t receive it or some other BS excuse.

    So don’t worry about that, if they try to pull that stunt on you – as they did with me – then just visit your GP and explain that the sickline he/she gave you on such and such a date has been lost by the DWP, and they are demanding a duplicate.

    Comment by dwpexamination — June 29, 2013 @ 6:32 am

  734. Hello Ray.

    Let’s look at this logically ? an appeal panel has declared you unfit for work, even though you have been placed in the work related group you are still in the eyes of the law – for the moment anyway – unfit for work.
    So if your unfit for work according to the law then why would you need a sicknote ? you only needed a sicknote earlier because the DWP on the advice of those chiseling little crooks at ATOS declared you fit for work.

    So take it from me, anyone who wins an appeal, or is declared unfit for work by the DWP themselves, does not I repeat does not need a sicknote.

    It’s ironic though, if you phoned the DWP up via one of their minimum wage clueless muppets and asked if you still needed to send them a sicknote because you’ve won your appeal, the answer is nearly always YES.

    Comment by dwpexamination — June 29, 2013 @ 6:43 am

  735. i have always sent my sick notes 2 dwp by recorded delivery but if i do have any problems i will follow your advice , thank you for your help

    Comment by angie — June 29, 2013 @ 8:32 pm

  736. Hi Thanks for your reply, regarding sick notes, I thought it was common sense, but you know what the DWP are like, anything to cause distress to sick people.
    I sent a last sick note for six months, about 4 months ago to shut them up, because I got a letter saying my sick note was due to run out, and I needed a new one to keep getting ESA payment, even though my tribunal win was in feb this year.
    Show you the brains they have.

    Comment by ray — June 30, 2013 @ 12:17 am

  737. Even more confusion!
    I failed my tribunal in June
    So I re applied for ESA!
    I found out this morning via bank statement that I received my 1st payment of new ESA claim !
    But in the post this morning I received a ESA50 Questionaire form!
    Is this normal?
    Basically are they contesting the sick note I sent?

    Comment by Zubz — July 3, 2013 @ 10:12 am

  738. Hello Zubz.

    Yes that’s normal, they are asking you to fill in the ESA50 Questionnaire form because you will be assessed on your fitness to work.
    And they are doing it as fast as possible, the last sicknote you sent them means nothing to them.

    Comment by dwpexamination — July 3, 2013 @ 12:45 pm

  739. i got told yesterday i am fit for work yet im bed bound most days can walk a little now much with out server pain. and i cant sit for long i have to lie down on my front to stop then pain ive had a mri scan that showes i have ruptuered disks in my back that need operating and im on a high does on pain killers. there is no way i can work like this who would employ me. the lady on the phone said do u want to appeal i said yes of coause im going to send in all my medical assment from the specialist who is operating on my bck and ask if he would write a letter and ill ask my doc im hoping that will support my claim.

    Comment by Anonymous — July 4, 2013 @ 11:25 am

  740. They are finding everyone fit for work, they hope you will not appeal, that’s their plan.
    But of course you will appeal and win, with all the money they owe you backdated eventually.
    If you need help on anything ? join our sister site and you will get all the help you need
    http://www.dwpexamination.org

    Comment by dwpexamination — July 4, 2013 @ 12:16 pm

  741. Hi Anonymous – if you can get a doctor’s letter, that’s great. Increasingly, doctors are refusing. Apparently there is an agreement in place between GPs and the DWP that says the DWP should contact the GP directly. Really, as part of your appeal, you should not have to ask your doctor for a letter/evidence, which sometimes they charge for. I would mention this in your appeal. It will be useful for you to get help and advice from perhaps the Citizens Advice Bureau, or Age Concern (if you’re over 50 years old). Age Concern, at least in my town, helps lots of people appealing, and have been really successful.

    Comment by Dave J — July 4, 2013 @ 3:01 pm

  742. I asked a question on here last oct2012 which you answered for me — What a great site for advice,I had my atos medical on the 1/10/12 today had a phone call 22/10/12 telling me i only got 6points when i need 15 the twat that i spoke to said i will get my last payment of esa on 26/10/12 twat said he is going to send me my gl24 form and medical should receive it by friday.
    Now i suffer with copd emphysema which means i cant breathe the simplest of tasks like answering thr door makes me breath like i have run a marathon all this in 12months from being healthy to where i am today what i have is chronic which means it gets worse not better there is no cure .
    I have never claimed benefits before this and your help would be a god send where do i start the appeal process many thanks for your help.

    Comment by wheezzy — October 22, 2012 @ 10:44 am

    Hello wheezzy.

    So you got six points ? that’s six points more that the majority of people, and is a good start at an appeal.

    On the GL24 form you will see a small box to write your appeal, it’s not difficult to see why it’s a small box, obviously the DWP want you to limit the information you give the appeal panel to see.

    So the way round it is to use that small box as an introduction and explanation why you are appealing, you do not agree with the decision makers opinion that you are fit for work and so on, also mention on there that you would like to be paid the assessment rate while you wait for the appeal to be heard, also explain that you understand that in order to comply with the law and receive the assessment rate you are obliged to supply their office with a sicknote, therefore please find one sicknote attached.

    Next order of business is to get yourself A4 paper and study the ESA85 assessment report and the descriptors that pertain to you and explain why you cannot walk a certain distance, cannot stand for a certain time, cannot climb stairs because when you do so it is extremely debilitating etc.

    This is what the appeal panels are looking for, they want to know why your illness prevents you from working and it must match the descriptors that you referred to in the ESA50 Questionnaire you filled in and sent to ATOS before you were assessed.

    Do this and you will win the appeal, and all money they owe you will be backdated, some people have had sums like £1,700 back from the DWP, that was their money those chiseling crooks tried to steal from them and they deserve to get it back.

    Good luck wheezy, and let us know how you get on.

    Comment by dwpexamination — October 22, 2012 @ 12:28 pm

    Firstly thank you so much for your advice,Had my appeal today 18/07/13 and won only had one question thrown at me which i answered, the judge then stopped me and told me he was going to let me get my esa and they have put me in the support group .Also he has put on my award papers a report on the Nurse who looked at me stating that he is extremely concerned that the nurse who examined me failed adequately to address the severity of my condition and the resultant incapacity that he experienced.Well done the Judge and Doctor for doing this.anyhow Good Luck to all the people appealing and thanks for such a great website.

    Comment by Mr Wheezzy — July 18, 2013 @ 5:32 pm

  743. Great news Mr Wheezzy, sounds a lot like my experience. I got six points, appealed, didn’t even attend a hearing, then got put in the support group – and I had also complained to Atos about the nurse who assessed me, and an Atos doctor found “inaccuracies” and “inconsistencies” (their words not mine) in her work capability assessment report.

    Comment by Dave J — July 18, 2013 @ 6:04 pm

  744. Hello Wheezy.

    Congratulations on winning your appeal, the point is you shouldn’t have had to go through it in the first place.
    Remember, don’t rest on your laurels, even though the tribunal have placed you in the Support group of ESA, ATOS can and will come back, there is and will be no end to their harassment, their whole remit is to get you of ESA by any means possible fair means or foul.
    So learn your rights now because the rules are changing shortly, anyone who doesn’t keep in touch will be placed at a massive disadvantage, you can get with it here at our sister site http://www.dwpexamination.org

    Regards
    Joe.

    Comment by dwpexamination — July 19, 2013 @ 6:07 am

  745. Had to put this here. Please everyone take time out to view this. Shocking at times but VERY informative.

    Comment by Katrina — July 23, 2013 @ 2:37 am

  746. A lot of people haven’t seen that video, so thanks for taking the time to post it Katrina.

    Comment by dwpexamination — July 23, 2013 @ 7:17 am

  747. How uplifting to know you are all out there. I feel so much less alone with all this illness making, diabolical treatment. I am in a similar position to Zubz (previous post) but am confused about when I should re-apply for ESA. I have been refused my First-Tier appeal on 19th July 13 at the Tribunal. Do I have to “Appeal to Upper Tribunal,” before I can re-apply for ESA, or should I be getting on with re-applying now? Do I even have to appeal to the Upper Tribunal? My anxiety/depression has significantly worsened since this whole debacle started and am on increased medication. Its all so bloody confusing at a time when you feel confused enough. Thanks for any help.

    Comment by Bee — July 23, 2013 @ 6:17 pm

  748. p.s- forgot to add that the date for DWP decision to not award me ESA is 18:1:2013

    Comment by Bee — July 23, 2013 @ 6:37 pm

  749. So, a home security system in shelbyville working in the
    travel industry as well, such as workers Compensation insurance.

    Comment by adt home security in Lexington — July 23, 2013 @ 7:52 pm

  750. Hello Bee.

    Yes you can re-apply after the 18th of July, because more than six months have passed since the decision maker informed you that you were fit for work.
    You need to state a new health condition or a worsening of your present health condition and supply a sickline in order to be succesful.
    You can do this whether you appeal to the second tier or not.
    If you want to appeal to the second tier then you need to apply for a statement of reasons from the appeal panel who denied your benefit, and then scrutinise it for a mistake in a point of law.
    As you can see you will need professional help like the CAB or welfare rights because there are many pitfalls along the way.

    Learn your rights and log into our sister site http://www.dwpexamination.org

    Comment by dwpexamination — July 23, 2013 @ 8:13 pm

  751. I don’t think my reply was sent, so here goes again, hope it works this time. Thank you so much for being there, finding you has really lifted me as now I feel I have someone to talk to about all this. Sorry to sound so ignorant, but could you confirm again that I can now essentially start a new claim for ESA, from scratch, but in this new claim I should write that I am re-applying as my condition has worsened since the last Atos assessment (judgement), with explanation of this. I don’t think I will appeal for the second Tier as I cannot see a mistake in the law. Could you also confirm the names of the forms I should request for this? Also do you know if my assesment rate is safe while I go through this process and what time limit am I on, my Tribunal was 6 days ago.
    I feel so supported by just reading of all the folks in the same position as myself, what a shame the governments don’t realise they would get far better results by being informative and friendly as a opposed to their bullying and stick-the boot-in attitude.

    Comment by Bee — July 25, 2013 @ 11:35 am

  752. p.s- just found a form on-line. think it is the same as I filed in before-ESA50. Is it just as, or more, useful to use an on-line form and do I need to call DWP to let them know I am re-applying?

    Comment by Bee — July 25, 2013 @ 12:02 pm

  753. Bee…You don’t need to call them, it will fall on deaf ears anyway, just fill in the form and send it in..!!
    Your re-applying because your health condition has worsened and you will attach a sickline in order to comply with the law.

    Go to our sister site and log in for more help http://www.dwpexamination.org

    Comment by dwpexamination — July 25, 2013 @ 5:26 pm

  754. And this too.

    Comment by dwpexamination — July 29, 2013 @ 3:53 am

  755. If ever there was a youtube clip that will encourage me to go to the next Atos assessment/appeal tribunal and fight….this is it! At my last assess, i felt so intimidated, so self conscious, so terrified and sooooo small. At the next one, believe me, i am going to fire so many questions at them their heads will spin. I, yes I, have the moral highground and i will rip them! It is despicable that a medical professional can be instructed to by a fellow ‘doctor’ (Atos medical director) to ‘throw her principles out of the window, if she wants to work there’!! For sure, i will apply a very different tact next time!

    Comment by Katrina — July 29, 2013 @ 11:30 am

  756. where do I send the completed ESA50 form etc? No address on the online download form, and looking it up on .gov sites, say to send to local JCP. Is this correct or is there a better way to make sure it gets delivered. I am trying to find this info on your sister site but not sure where this would be. thanks again you’ve been so helpful.

    Comment by Bee — July 29, 2013 @ 2:53 pm

  757. Hello Bee.

    Are you sure your talking about an ESA50 questionnaire ?. Why would you want to download one ? no one in their right mind voluntarily sends an ESA50 questionnaire form.
    Just wondering why ATOS didn’t send you one along with a pre-paid envelope, because when ATOS wish to assess you it’s them and not the DWP who send you the form in a white envelope.

    Comment by dwpexamination — July 29, 2013 @ 3:09 pm