From our sister group, DWP Examinations Forum
When you first receive the results of your Atos W.C.A and it is a fail, the first thing that many do as they are panicked and desperate as they have had their money stopped is to panic and phone the Job Centre + and ask about signing on for Jobseekers Allowance, which is what they want you to do, but there is an alternative and that is by asking for a Reconsideration.
How to request reconsideration
Many of our members have found they have scored “0” points in their W.C.A. and thus their Benefits have been suspended. As the suspension notice usually arrives on or after the claimants usual pay day, panic ensues, followed by a call to JC+ and advice from the Jobcentre to sign on for J.S.A.
Note, as soon as you know you have not scored sufficient points it is essential to contact your local C.A.B. or Local Authority welfare rights office and request assistance from them. They are under severe pressure at the moment so get your request in quickly.
This is not necessarily the case; there is another option, one which will give you some money whilst you seek reconsideration.
What is the difference between reconsideration and an appeal?
Reconsideration: - When a JC+ Decision Maker looks again at the ATOS H.C.P.’s report or any new evidence you or your Doctors, specialists etc provide.
Appeal:- When your case has been reconsidered by the JC+ DM and is sufficiently borderline to be passed to the first tier Tribunal.
What to do
When you receive notice of your suspension due to scoring insufficient points to retain your Benefits do the following;
Make sure you have printed off our contact sheet, (on DWP Examinations Forum), or have a pen and paper in a convenient and comfortable spot near to your phone before you begin.
Call jobcentre plus, ask the person you speak to for their name and contact number.
Go on to request a GL24 form and a copy of the ESA85 assessors report.
Tell the JC+ operative you will be seeking reconsideration and you wish to be put on the “Assessment rate” during the appeals process.
The JC+ staff member may be evasive, say he hasn’t got access your ESA85, but be polite and persistent, (they have it, they need it to make their decision), ask to speak to a more senior person and continue until they agree to what you are asking, including putting you on the Assessment Rate.
The assessment rate is the same as JSA and allows you to retain any other help with rent and council tax you were receiving prior to your benefit suspension.
When you have the GL24 and ESA85
First make a copy of the ESA85.
Read through the document carefully, you may have to pause during this part of the process as it can be quite frustrating to find out what has been written about you. If you find this difficult get someone you know and trust to help you.
Highlight every piece of information you consider to be;
Inaccurate
Assumed
Untrue
In this order, using a different coloured marker helps.
If you are going to dispute a descriptor it is essential you provide supporting evidence from your own H.C.P. as the Tribunal will accept the word of the ATOS H.C.P. if you do not do so.
Next, deal with one set of descriptors at a time. Write out the descriptor you are disputing, next to it say why, then indicate what evidence you have to support your challenge.
For example
Descriptor
Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
a) Can not either:(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion
I can not mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion. I mobilise using (state type of aid) and have been receiving treatment for (state disability) from (state specialist/ Dr/ etc) and have enclosed the following evidence to support my statement. Please see (Name evidence or give reference number).
It is essential you have supporting evidence.
By the time you have completed this exercise you may have received the result of the reconsideration, if the outcome is positive then you have no need to go any further, if it is negative the DM will inform you if he thinks you case can go forward to the first tier tribunal and you should continue checking and double checking your ESA85 form for errors in preparation for your appeal.
More online help and support in going through this procedure can be obtained from DWP Examinations Forum.
bookmarked thank you.
Im helping so many people with this at the minute – cases such as a man with one leg, and only partial use of one arm, to a lady who is having TIAs/Minor strokes every other month which results in hospitalisation for on average 3 days a month – it just seems endless; No matter how severe the case, its still not severe enough to get into the support group.
The worst to date is a young-man in his early 20s, who is suffering from severe paranoia which makes him as hostile as the average genocidal maniac, but doesnt hear voices as far as his psychologists/GP etc know, so isnt put into the schizophrenia bracket…and is automatically assumed to be a lesser risk/capable of work.
Because he doesnt hear voices, he is now attending monthly job centre appointments, even though he is without a doubt a risk to the general public, and has already “gone off” on one at people there because theyre simply…sat or stood there and he doesnt want them to be.
When I read his report, the assessor noted that he “posed a profound risk” but even that wasnt enough to get him into the support group, because the added comment was that its not happening frequently/only when he gets overly paranoid..
Based upon the dozen or so cases Ive had in the last month, Ive concluced that between ATOS and the DWP, only those who are a permanent/24/7 risk, or someone without two arms, two legs and is also incapable of speaking are about the only people likely to be put in the support group pre-appeal.
It is without doubt a shame that Britain has become so willing to punish those most vulnerable, its a stain that will take many years to remove from our countries moral-blanket;
Its only made even worse by the fact it is now so known to the public, and how little will people have when it comes to speaking up for / and attempting to intervene at what can only be labeled as 21st century Eugenics…not physically wiping people out like in the 20th century version, but pushing them to the point they will consider ending, and in some cases have ended their own life.
@Steve but who is helping you mate?
be careful as before you know it,its you that will need the help.
My GP – wholly sympathetic and supportive for 25 years – long before I stopped work – but will only provide evidence when asked by DWP. Reasonable, I guess, because the practice – central London – was getting 10 requests each day… but leaves me in trouble. What do I do about evidence? At present I plan to explain to tribunal, but that’s not very satisfactory. PS DWP refused me the reconsideration –
I recorded that happening… is it discretionary?
We’re working on this problem. It’s proving to be quite a bad one
Hi I’ve been waiting for a tribunal date since I appealed against the dwp decision to remove me from mesa limited capability for work ‘ autos healthcare gave me no points for anything on the descriptors that were relevant to my conditions I was asked how I had got to the test centre I told them by bus they found me capable of following instructions and being with people on public transport and found me not to have any limited capabilities on mental health grounds I suffered from severe depression for years have chf heart failure also sleep apnoea the sleep
Apnoea its affecting my consiousness through the day now also I was not sent a medical question are to fill in when I got a call from the dwp assessor who was ready to decide whether or not to keep me on esa, I asked them could I be sent one to fill in they denied me the chance as they said one had been posted out to me like most autos mail it went to my previous address they didn’t even have my correct address I’ve had my mesa suspended for six fortnights in past twelve months due to letters being returned to dwp not at this address I’ve even proved my address by taking documents to local job centre they faxed them through to benefit centre and still for night later same thing again benefit suspended due to another letter returned to dwp every time phoned up it was an excuse twice they said they have not received my fit note from gp I’ve been to cab for help with tribunal was turned away and told to go to welfare rights office. Went. There and was told they can’t help me they have 150 tribunals to attend in my area and only two paid staff to do them as government cut funding to benefits centre staffing so I’ve no help at all. And I have to go myself I don’t stand a chance can anyone help or advise me on what to do thanks
I am appealing the decision to put me in the WRA group despite the assessor saying that work is unlikely within 2 years and that improvement is unlikely in the longer term.
I asked my Doctor if he would give me a letter to support my appeal and he told me that the Practice have decided to refuse to engage with the DWP by giving what amounts to free medical reports, and would only give me a letter saying he agrees with my appeal.
while I can understand his stance on this up to a point I have to say that this doesn’t help at all and if our Doctors are turning their backs on us, what chance do we have now?