THE FULL FACTS

A guide to ESA, ESA50 claim form and ATOS WCA
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PostPosted: Thu 06 Sep 2012, 02:38 
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hey everyone,first post and im unsure over a few things and wondered if anyone has any advice,much appreciated,thank you. I think i was on assessment rate(the one before atos decides if yr wrag or on support)and it got stopped because i couldn't attend the medical for atos because of my condition and i failed to send in medical certs up to that period,esa was cancelled from september 2011 which i understand,I appealed to DM of dwp which failed again and went to tribunal,i couldn't attend the tribunal but i think they ruled in my favour after showing good cause for not attending and sent in 2 med certs to cover that period.I got 2 statement of reasons 1,appeal is allowed,2 a certain date set aside which was the date of my appeal letter. However after checking similar problems a lot of people had got a 3rd reason saying you are entilted to such amount and are placed in the wrag for example.i didnt get a 3rd reason and i know im not in a group until i have an atos medical.i am still in assessment rate so i was wondering if anyone has advice in regards to that,i would have thought they would have mentioned it or is it because im still on assessment rate.has anyone had similar problems winning tribunal but still on assessment rate even though it does not mention payment on statement of reasons,bearing in mind i have sent in now 3 medical certs from september 2011 up to september 2012 and i have also sent the tribunal letter as well as a photocopy of my presciption of my tablets that i take,all to the DM of dwp. I havnt recieved a letter,phonecall or anything from the dwp this is the 5th week entering 6th week ,and ive heard arrears are payed from 4 to 6 weeks but i havnt heard a thing from the dwp at all,any advice please
Carried on,
if the dm of dwp is appealing my tribunal verdict to the upper tribunal wouldn't i have to know about it for example within a month of the tribunals decision which has passed btw.........i know ive got another week to wait but surely i would of had a letter or phonecallfrom the dwp in regards to arrears(backdated payment) i know theyve got backlog,here is what ive sent to the dwp after my tribunal verdict. 3 medical certs,copy of tribunal verdict and copy of the meds im on,and i have sent these twice over as well as the tribunal sending it to dwp themselves,thanks in advance to everyone ,,sorry for the long post,


Last edited by kab on Thu 06 Sep 2012, 09:16, edited 1 time in total.
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PostPosted: Thu 06 Sep 2012, 09:34 
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Hi harley231,
Welcome to the forums, I have merged your two posts so we can see all the information you have provided.

My immediate thoughts are, you need some welfare rights/advocacy advice, take a look at the links at the bottom of my post. MIND are very good and have advocates across the country, you can find their email and telephone helpline number on the advocacy link below.

Do you have a contact with your local CMHT? if so I recommend you contact them or your GP urgently as they will have first hand knowledge of your health issues and can offer support and also make sure this situation is recorded on your medical records as it can be a distressing time.

You could also contact your local MP, see the link below, they can make contact with DWP and or ATOS and get updates or chase things up on your behalf.

Assessment rate is paid for the first 14 weeks of a new claim for ESA, so when your situation is resolved this should be the date from which back pay is received.

I am sure others will be along with more/different advice for you.
Good luck

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PostPosted: Thu 06 Sep 2012, 11:26 
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The information I have from my BDC is that they commonly don't receive a copy of the decision for two weeks (the claimant gets theirs on the day),once they have the copy of the tribunal decision notice it joins the pile and is dealt with in chronological order, then it's around a seven week wait to be processed.
I had to get my own copy faxed through via JCP as the BDC said that they had not received a copy from the tribunal service, and that was one month after the hearing.

I know that in some circumstances the DWP were requesting a statement of reasons from the tribunal service when a claimant won on appeal. Now a statement is printed at the bottom of the decision notice, so DWP can't use that as an excuse to delay processing anymore.

I suggest the OP contacts their BDC and asks what is causing the delay.


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PostPosted: Thu 06 Sep 2012, 12:27 
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thank you kab and osdset,im not sure what a CHMT is,and my tribunal verdict i thin was same facts(with more added"ie meds certs) and tribunal reached a different conclusion,does that mean its in my favour? reached a different conclusion from who,the dwp? it did say i had shown good cause for not attending medical and i have medical certs from gp,also my condition was listed in earlier form(not sure of form,i think it was g50,or something like that)and that info was put in my tribunal box(after statement of reasons and before the conclusion) in the letter. i havent heard of MIND,hav heard of CAB.thanks in advance


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PostPosted: Fri 07 Sep 2012, 09:54 
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I rang up dwp and was told i hadnt won the appeal but the appeal was allowed and they are building the appeal up.and they recieve my meds certs and info exactly one month after the tribunal.(btw i got mine 2 days after the tribunal)and i should get my esa reinstated by wednesday which will be 6 weeks into.thank you again for yr help,i will let you know if anything happens between now and wednesday,


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PostPosted: Fri 07 Sep 2012, 11:20 
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harley231 wrote:
thank you kab and osdset,im not sure what a CHMT is,and my tribunal verdict i thin was same facts(with more added"ie meds certs) and tribunal reached a different conclusion,does that mean its in my favour? reached a different conclusion from who,the dwp? it did say i had shown good cause for not attending medical and i have medical certs from gp,also my condition was listed in earlier form(not sure of form,i think it was g50,or something like that)and that info was put in my tribunal box(after statement of reasons and before the conclusion) in the letter. i havent heard of MIND,hav heard of CAB.thanks in advance


Sorry I missed this response, acronyms and abbreviations used frequently across the site are in the FAQ section Linked here. viewforum.php?f=18 (a work in progress )

CMHT is Community Mental Health Team
and MIND are the leading mental health charity for England and Wales

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PostPosted: Fri 07 Sep 2012, 20:31 
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It is possible that the Tribunal you won was simply against the DWP stopping your ESA while you were on the assessment rate and because you did not attend your medical. If you have still not had your medical, then all that's happened is that you are still in assessment phase, but waiting for a medical.

That's why (I think) you only got 2 out of the 3 reasons in the letter. I would assume that you are still in 'limbo' until you have a medical and then a decision on that. However, you should confirm this with the DWP, but that's my thought on where you are right now - i.e. your assessment period ESA has been reinstated by the Tribunal and you should get any back pay due.

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PostPosted: Sat 08 Sep 2012, 03:22 
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Thank you tiddk,i think it could be that as im yet to have a medical,the guy at dwp said that atos would send out another medical appointment,hopefully they realise it will be a home visit.do they send out appointments for home visits or just appointments for their medicals at wherever???.they did stop my assessment esa rate even though i sent the dwp numerous medical certs and descriptions of my medication,the best advice i can give to anyone reading is photocopy yr med certs and all evidence(presciptions) about 4 times,keep at least 1 copy for yourself and send it to the main dwp office if yr in a similar position,thanks again tiddk,i will let you know if they send any letters between now and wednesday.


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PostPosted: Sun 09 Sep 2012, 22:10 
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For a home visit you need to ask for one. ATOS will then insist on your GP sending a fax as to why you need a home visit. Keep nagging, they are often hard to get.

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PostPosted: Wed 12 Sep 2012, 07:40 
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unbelievable apparently the dwp havnt got one of my medical certificates even though ive sent in 3 all at the same time but theyve got the other 2,bearing in mind all 3 were sent back from the tribunal to dwp.ive waited 6 weeks for this to be told,so now i have to get a fresh certificate from my gp for the one they lost, :facehand :bang


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PostPosted: Wed 12 Sep 2012, 15:01 
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This is why it pays to make copies of everything. and post using a signed for service, or hand into your local office asking for a receipt.

Additionally, If the 3 Med certs were sent as part of the tribunal bundle, you should have copies in your bundle?

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PostPosted: Thu 13 Sep 2012, 11:08 
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I photocopied each certificate 4 times,sent 1 to the tribunal,1 to decision maker(dm) of dwp,1 to jobcentre and 1 to the dwp center,i sent 1 to the tribunal and jobcenter,and after tribunal i sent 2 to dwp to try and hurry up the payment as i (read somewhere on the forums it could be done a bit quicker than waiting the whole 6 weeks if i sent the tribunal verdict with certificates to dwp),now ill wait for my gp.thanks osdset and kab for advice


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PostPosted: Wed 19 Sep 2012, 01:43 
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thanks you osdset,kab and tiddK for your advice and help,finally ive been put back on and i should be recieving a letter from atos soon,and dwp still tried another fast 1 by saying they didnt have another medical cert which i got fresh my gp the other day and sent off,,my advice to anyone in similar positions is always photocopy important documents jus for safekeeping at least and keep on chasing,i phoned at least once every week from my tribunal decision,and it was week 7 i got my confirmed letter,thanks again to ms ben e fit for allowing me to use the forum as well as kab,osdset and tiddk for your help.,good luck


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PostPosted: Wed 19 Sep 2012, 02:29 
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It's worth remembering that the DWP are outsourcing the workload especially appeal cases to other BDC's up and down the country, for example, Glasgow BDC is dealing with claims from a number of London BDC's and vice versa.

This is OK in principle as some offices are less busy than others, BUT the BDC's are not exchanging information efficiently.

This thread on the Righstnet site explains the situation better than I can http://www.rightsnet.org.uk/forums/viewthread/3661/


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