What to do when you receive notice that you have “Failed” your Atos “W.C.A.” Assessment

IMPORTANT UPDATES: How to Gain Exemption from DWP/Atos ‘Fit for Work’ & WRAG decisions by Applying ESA Regulations 29 and 35 NEW CAMPAIGN BY BLACK TRIANGLE & DPAC

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.

About Holmey

Ex Black Triangle Campaign Webmaster & Media Coordinator.
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69 Responses to What to do when you receive notice that you have “Failed” your Atos “W.C.A.” Assessment

  1. Steven says:

    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.

  2. Philhow says:

    @Steve but who is helping you mate?
    be careful as before you know it,its you that will need the help.

  3. Sam says:

    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?

  4. james 59 says:

    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

  5. Peter Farrell says:

    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?

  6. karen says:

    I have just received notice that I failed atos assessment and my benefit will stop.
    I am suffering depression and seeing a psychologist and psychiatrist for childhood abuse and trauma. physically, I am fine, but emotionally I am a mess.
    should I appeal this, or is there no point?
    please help me.

  7. Sam says:

    Karen;

    I’m in much the same boat. My first thought is that you MUST appeal – that you have a duty to yourself and as a citizen. There is certainly a point; even if you lose the appeal you are demonstrating to yourself and to them that you’re not going to roll over for them – and that’s if anything even more important when you’re ill. However, there’s no denying that it will be a nightmare, worse than anything they’ve already put you through: you will be obstructed, confused, bullied and quite possibly lied to and about (regrettably, that isn’t my paranoia speaking). And it will go a long way to taking up to a year out of your life. Frankly, you will be insulted and outraged. But you won’t be alone, even when you sometimes feel that way. So, it may boil down to whether you have understanding and patient support.

    If you decide, as I hope, to go ahead, best wishes. If not, still best wishes. Let us know here what you decide!

    Sam.

    • karen says:

      Sam,

      Thank you, it is so difficult being so isolated and confused. I am appealing under my psycologist’s instructions. I have just seen my g.p. who has signed me off for the next 8 weeks and is sending me a letter to forward with my appeal form.
      I have no idea what i’m doing, so advice is good.

      The lies on my assessment letter are aweful to read. She never asked me any questions except what do I do every day.
      so I get no points because I can use a bus , cook and clean myself and I refuse medication.

      I said that I had looked online for jobs etc, so I am not ill because I want to work and have a normal life?
      That is stupid, why on earth would I want to be on benefits putting myself through this if I had any other choice?

      My psychologist says that maybe I was too honest with them, but I do not want to lie, why should I have to lie about my hopes and dreams of a normal life?

      I have emotional and mental problems, i’m not stupid nor dirty…it is crazy.
      she said that I have no problems meeting new people when actually, I have immense trouble with that etc etc.

      sorry to rant on. The point is, I only met this person one time. she has no idea of who I am, my condition and what I am going through. How can she and how dare she judge me?

      I have a very good medical team who are behind me all the way. I will carry on as long as I can take it , there is no guarantee that I will make it….. I may break again. but I have to try.
      It is terrible.
      Thank you for being there, it makes me feel that I am not alone.

      • Sam says:

        Karen;

        You’re going for it; good. But, don’t be dictated to – ultimately your first responsibility must be to yourself.

        First thing, apply for reconsideration of the decision – that’ll give you a bit more time to prepare your appeal. (Unless you get the guy I got, who wrongly insisted that I had to do my appeal immediately, denying me the time I was entitled to. DWP insisted that this didn’t happen, but luckily I recorded the conversation… it’s amazing how many people at DWP who are supposed to be telling you the ins and outs don’t understand their own rules – and I still keep being misled more fool me.)

        Keep us up to date – I’m a few months further down the line than you and I’d like to think that someone might benefit from my mistakes.

        • karen says:

          My housing benefit has been suspended!
          I called them and told them that I would be appealing the benefits stopping and I would be on the appeal rate then, they said they could not do anything until they heard from the benefits office!
          My g.p. and psychologist are sending me letters to send in with my appeal and I have been signed off by my g.p. for 8 weeks.

          • Sam says:

            Reading your posts – it’s like looking in a mirror…

            I hit the wall financially 6 weeks ago – by exactly the amount that I’ve lost in benefits while I await my appeal. I’m out of the flat I’ve lived in for 30 years. I’m staying with a friend for the time being but I don’t know what happens down the line.

            Karen; I wanted to be supportive, but the truth is that they’ve just made made me so ill and SCARED. I’m so sorry I’m being so useless.

            If your experience and mine are so alike, I wonder how many others there are.

            • karen says:

              Sam,

              You have been great. I do not know what I would have done without you. Just by being there and understanding has been great. Do not give up. I have been feeling the same for the last week, it has been terrible. but it helps to know that I am not alone In this. we can all be stronger together.

              • Sam says:

                Thank you for what you’ve said, though I’m a bit ashamed of myself now – I know I shouldn’t be, but that’s the effect the whole DWP thing has when your defenses are down. What you #have# done is stirred me to trying to make amends, not to you so much as to myself and to the gods.

                I sat down this evening and tried writing a draft manifesto. I going to mull over it, and if I decide that it isn’t simply a waste of hard drive, I may publish it here. This page isn’t really the right place to post it, and I hope everybody will forgive me if and when I do – if the worst comes to the worst, the moderator can remove it! I’ll blame you for encouraging me.

          • Sam says:

            Karen; Are you ok? Just a quick post to let us know, if you see this, please. S.

            • karen says:

              Sorry Sam,
              Yes i’m hanging in there , been running around trying to get everything together for the appeal form and saw the citizens advice who are helping me now. I posted the form first class on Tuesday ( I do not trust the free postage sticker)) and got proof of postage.
              totally stuck in limbo now but grateful to my doctors and the citizens advice for their help.
              Got the assessment record from dwp, but it arrived the day after I had posted my appeal. Turns out the “medical professional” who assessed me is only a registered nurse! not a doctor. she totally made stuff up too. crazy!
              thank you for caring.
              k

              • karen says:

                I have just received a letter saying my appeal was reviewed in my favour and has now lapsed and I will be put on a work related activity group and my benefits adjusted accordingly……what does that mean, I didn’t get a tribunal or anything????? and what can I do now?

              • Sam says:

                Karen;

                Who was the letter from?

                I’ll probably have more questions to ask, I’m afraid!!

                I’ll be around on and off today tomorrow etc so keep in touch.

                S

              • Stepping Razor Sound Plate says:

                It means the DWP are scraping Appeals to save money. Even less Human Rights now.

              • Sam says:

                SRS; You may well be right but, if Karen’s up to it, I’d like to hear a bit more about this letter..

              • Karen M says:

                Karen, please appeal, If you are put in the work related activities group you will be called on to attend interviews to “help” you into work. Mental health problems are not well understood at paper based tribunals. You could ask for a oral hearing at this stage and I would suggest ASAP phoning your local authority Welfare Rights office as CAB is flooded with people needing representation, if not phone your local Mind services and explain your situation. You really should go to an oral hearing with somebody you trust absolutely (a friend, a colleague or a relative) as you will be asked searching questions. I have heard Kitty Jones’ blog is really useful.

              • karen says:

                Sam, and others,
                I have copied the letter verbatim except for my personal details. It is on the bottom of this page now,
                Karen

  8. Stepping Razor Sound Plate says:

    You speak to the DWP Data Protection Officer DPO to get them to remove false truths about your medical condition because the untruths that are passed as truths are breaking the Data Protection Act 1998. Until those untruths are removed the DWP are in breach of the Data Protection Act.

  9. Sam says:

    DPO… If only it were that easy… I’m too distressed right now to give you chapter and verse, but I had another letter yesterday telling me that information couldn’t be removed from the record. (Atos HCP wrote unprovenanced rubbish on report- Atos says it cannot act because (assessment wasn’t recorded and hence) they can’t arbitrate – DWP won’t change notes if Atos won’t. Joke is, I asked for interview to be recorded but Atos told me it’s not permitted. Untrue, of course, but I found out too late. Further joke is, I’m about to tell Atos that I secretly recorded the interview anyway.)

    Of course, info can and eventually will be corrected… but it’s going to take so much work – I’m sending SAR to DWP now, but l bet wrong information is still on the record when my appeal is heard, making that unhappy day even more problematic.

    I’m 64, ill, suicidal. I’m in the middle of being evicted. What did I pay all those years of NI for??? Damn them to eternal pain!

    • Stepping Razor Sound Plate says:

      “DWP won’t change notes if Atos won’t”
      That is rubbish. The DWP are at fault yet again. Because it is not fit for purpose the DPO is breaking many of its duties.

  10. Sam says:

    PS Coincidentally (?) immediately after I first complained, DWP decided to audit my benefits, back to year dot – at first required me to attend meeting 50 miles away — VERY aggressive conversation, in which I was told that I would have to repay £15,000, maybe a lot more. Finally after some weeks I was told that there was no problem after all… but can you imagine what I went through?

    Foolishly, but unavoidably, I continued my complaint. Immediately the inquiry is apparently under way again – I have to go to a meeting on Monday – only 6 miles this time.

    It probably has nothing whatsoever to do with my complaining… but I’ve become paranoid – Please believe me when I say I’m not joking at all. They have successfully terrorised me.

  11. Sam says:

    Sorry to keep adding posts, but I have nowhere of my own to go public, and I’m desperately hoping that by chance someone will read what I have to say, and be able to suggest help…

    I have a problem I can’t cope with. Derived from my atos interview, DWP hold all sorts of info, medical, personal, functional etc. that simply isn’t true.

    The most offensive example, though not the most damaging, is that my mental problems arise from childhood abuse. I have never claimed, asserted or implied such a thing. Nor has my GP – not that HCP ever saw evidence from GP. It was written in HCP’s report with no explanation why.

    So I ask DWP to correct this info. DWP says they can’t since it came from Atos, so I must complain to Atos. Endless letter writing! Atos send me an anodyne response, simply ignoring most of my complaints (which are, I promise, literate and reasonable – I’m ill, not mad). It is not up to them to correct info held by DWP and they recommend that I address my concerns to DWP.

    This really is no way to treat an ill guy who’s in distress anyway I’m sure it must be in beach of laws about how the mentally ill should be treated, but nobody with any power to do anything is going to care tuppence.

    Let me tell you about being suicidal, if you don’t already know. I’ve been subject to this most of my life, over 50 years. It’s like being a recovering alcoholic – the urge is there all the time, you survive one day at a time. What DWP is doing is making sure that the bottle is there in front of me on each of those days I’m trying to survive. Do not be surprised when you hear what at first glance seem ridiculously high suicide rates among the atos-afflicted mentally ill. Very quietly, unnoticed, it is increasingly possible that I may decide to join those friends. I don’t give a toss any more. And whatever IDS might claim, it’ll be a perfectly rational action.

  12. Sam says:

    Turned up for the interview which DWP insisted on in plenty of time. Only 6 miles, but still a difficult journey costing me money I don’t have. Person I was to see had gone home. When will interview be, then? Who can say?

  13. air bed pump says:

    I’m gone to inform my little brother, that he should also go to see this website on regular basis to obtain updated from most up-to-date gossip.

  14. karen says:

    Sam, et al,

    The letter I just got today is from Julie Davey (appeals officer) from:

    Chesterfield BC
    Jobcentre Plus
    Brightside Lane
    Sheffield
    S99 1AN.

    (p.s. I live in Scotland)

    Dear…..
    About the appeal.

    I have looked at your letter of appeal and at the further evidence you provided and decided that I now have sufficient evidence before me to enable me to revise the decision under appeal.

    As I am able to revise the decision in your favour, your appeal has now been lapsed and you have been placed in the work related activity group. You have the right of appeal against the new decision. If you wish to appeal the new decision, you should let me know within one month of the date of this letter (26.7.2013).

    I have notified the team dealing with your claim to employment and support allowance of the new decision so that they are able to adjust your benefit.

    If you have ant questions about this matter, please contact the above office in writing Quoting your reference number.

    Your case will be reviewed 12 months from the date of my decision.

    Yours sincerely

    Julie Davey
    Appeals Officer

    So what now, my doctors sent letters and sick lines to the effect that I am unfit for work at this time. I think by this letter that they have just “disappeared ” my appeal.
    Any way it would be good to hear if this has happened to anyone else?
    I think I read somewhere that if I appeal this I could end up with no benefit and get “sanctioned”… Is this true?

    Karen

    • Sam says:

      Karen;

      First response, before I read you posts more carefully. DWP can’t disappear your appeal. Once it’s lined up, it goes ahead unless there is a #settlement# between you and DWP… which means #you# have to agree.

      My fist move (which is only my judgement), is that tomorrow you should call HMCTS and see if your appeal had appeared on the waiting list and, if so, whether it’s still on the list.

      More when I’ve eaten!

      • Stepping Razor Sound Plate says:

        The DWP are trying to deny appeals passing the buck back to Atos. It is the DWP`s job [contract] not atos, as atos say themself. An appeal is a Human Right if the appeal is then not forwarded & they say the rubbish they have been saying which is `You Have No Right To Appeal because the DWP say so. It is breaking the Equality Act 2010 which used to be the Disability Discrimination Act. The DWP are also breaking their own code of conduct. To refuse an appeal is to refuse Human Rights Issues that also are covered in the Equality Act. The Data Protection Officer DPO has a lot to answer for. Meaning not worth the paper it`s written on. Not Fit For Purpose. They are trying to stop appeals in a sly way to cut cost on appeals that cost £66 million ove the last year. Fast track a no appeal system & you take away any Human Rights disabled people have.

      • karen says:

        Thanks Sam, I certainly did not agree. Some lady in Sheffield just decided ….I have no choice unless I appeal her decision. It is so messed up.

    • Sam says:

      PS Karen, can you conform please that you said you were appealing, that you sent in the paperwork for it, and that you heard from HMCTS.

      • karen says:

        I did appeal, a few months ago. I heard nothing from the courts. Just a letter last month telling me to wait for their decision and that if it was revised in my favour it would lapse and would not be sent to the courts.

        So I guess this is what they have come up with, agree with the need to appeal, then ditch it without allowing the appeal to be heard and then put them on a work related activity group.

        I think it is crazy. I do not know If I have the energy to go through a new appeal process.

        • Karen M says:

          Karen, I would appeal if I were you. The person who made the decision is an employee of DWP. The tribunal panel will look at all your evidence and will either uphold the decision or will recommend you are put in the support group. Have you considered Regulation 35? If you have not it might be a good thing to write to the HMTS, quoting the regulation and stating the evidence in your case shows it applies- especially the risk to your health and to others if you were found fit for work related activities. Despite some people’s experience the panel is independent.

          • karen says:

            I recently started a course at university as part of my therapy to help me cope with other people and society. it is also helping with my slight agrophobia, but it is very difficult for me and stressful, I have to force myself. perhaps they see that as ma being fit for the work group, but I really can’t cope with added pressure.
            As I said, according to the letter, they did not even send my appeal to the tribunal service so contacting them won’t do much as they do not have the appeal files.
            i’m calling citizens advice later today, they had just started helping me and were going to come to the hearing with me.
            thanks Karen

  15. Stepping Razor Sound Plate says:

    Great a new points system to see if you qualify for the right to Appeal. DWP playing God again.

  16. karen says:

    As far as I can tell, if you fail to attend work related activity interviews or do their courses or voluntary work, you will be sanctioned…..meaning they take everything away from you AGAIN and that situation stays until you do whatever they want you to do.
    In the meantime you have to apply for hardship payments which are even less money £ 42 per week , whith all the bloody loops etc to jump through again.
    I find it very upsetting, my doctor and psychologist have already sent letters to the effect that I am unable to do any of this at this time.

  17. Sam says:

    Sorry, fell asleep.

    Karen;

    It sounds as if DWP are not following their own procedures…. Do you mind a few questions?

    As I understand it:

    1. You attended an Atos WCA agreement interview, and failed to get the required points. Is that right?

    2. When you were informed of the decision, you stated that you wanted to appeal, and sent evidence/grounds for the appeal to DWP. Is that right too?

    3. Do you remember if you > specifically < asked for a reconsideration by the DWP decision maker?

    More to follow depending on your answers.

    Don't give up, you have Sam, aka 'He Who Never Surrenders', on you case.

    S

    • Sam says:

      Sorry, d***ed smartphone, making spelling decisions for me – that should have read ‘WCA assessment interview’. (And this benighted device tried to correct me AGAIN!)

  18. karen says:

    hi Sam,
    Yes
    1. I failed to get enough points at the assessment

    2. I called and asked for the appeal form and to be put on the appeal rate.

    3. I received the appeal form, filled it in and sent it back with doctors letters and a sick note.

    4. I only followed the appeal form format e.g. ”
    I think this decision is wrong because……”

    5. I don’t think I ever specifically asked for reconsideration, I just filled in the appeal form and sent it. Now, according to their letter my appeal has been lapsed.

    Sorry Sam, they are really confusing me , I have followed their rules and it seems all that stress was wasting my time.
    Do I have to re-appeal?

    • Sam says:

      The reconsideration would have happened automatically – it was the result of that, which you have been sent.

      So at this point, you’re now in a WRAG. To me, that sounds as if you’re going to be made to do stuff you’re in no condition to do – which is what you’re also thinking. The trouble is that I’m not clear whether WRAG is weird government gobbledygook that actually means you’re going to be left in peace – if not, how could they claim that the decision was changed in your favour?

      CAN SOMEONE WHO ACTUALLY UNDERSTAND WHAT WRAG ACTUALLY MEANS PLEASE STEP IN HERE, PLEASE!

      Two questions (sorry if you already given the answers above):

      1. What benefit, if any, were you on before you were subjected to the WCA?

      2. Did the letter tell you what the benefit you’re now going to be on (now that you’re WRAGed) is called?

      Don’t worry yet; I think everything may be okay.

  19. karen says:

    Sam,
    it was the GL24 appeal form that they sent me. I actually posted it back on 18th of june 2013, after waiting for doctors letters etc.
    I definitively appealed under instruction of my psychologist who made me promise to do so.
    Both my g.p. and psychologist letters sated that I am unfit for work and would be whilst I am going through therapy which is quite traumatic.
    I photocopied everything thank god!

    • Stepping Razor Sound Plate says:

      It seems they breaking every code of practice & the Equality Act 2010. They can not deny an appeal. They will try their hardest to put you off just to cut costs. They change their owns rules every 3 days so they are in confusion themself & that makes more room for their mistakes. One mistake on a form makes it not fit for purpose.
      Don`t give up.

      • Sam says:

        SRS; I’m getting to know you – I hope you don’t mind me abbreviating your rather long name!

        I understand your anger – believe me, only too well. But, right now, Karen needs practical advice rather than us railing against the Kafkaesque politics behind what’s being done to her (and all the thousands of others).

        Mind you, I’ve no business speaking for anyone else, so I’m probably wrong. What I’m really saying is that > I’m < trying to stay focussed.

        • Stepping Razor Sound Plate says:

          That`s ok sam. I am just putting the rules into laymans terms & will leave you to explain. Sorry to complicate things.

          • karen says:

            sorry stepping razor,

            I know you are trying to help. I just don’t understand what they are doing to me. I feel they have just used me and put me under enormous stress for no good reason and I don’t trust what they are doing now.
            I mean How can they just do that with my appeal? surely my appeal was for a tribunal to decide upon.

            its too crazy.

            • Stepping Razor Sound Plate says:

              Try not to worry too much Karen, you have people you can trust here. Sam has been very helpfull & down to earth. Thanks Sam you are doing a great service here.

  20. karen says:

    I guess I will have to talk to C.A.B. again. it seems typical that this comes just as my psychologist goes on annual leave so I cannot see him for about 4 weeks. I might copy the letter and post it to him though.
    The problem is I only have a month to appeal this new decision in writing according to the letter.
    I have started doing things alongside my therapy to try to reintegrate into society and help my agoraphobia, but I am a long way from dealing with work or interviews. The intensity of the therapy makes me quite emotionally unstable and vulnerable.

    Also I looked up Kitty jones blog on this site and it seems she knows lots.
    I just wonder if I can fight this without being totally sanctioned again.

    Thank you all for your help. I am so alone otherwise.

  21. Sam says:

    K. I’m off for a bit – I’ll do a bit of mulling.

    I promise you that it’s not as bad as it seems, and in any case people here will walk with you. I’ll stick with you all I can (only a slight reservation, because I’m in such a bad state too); and SRS seems a good sort.

    SRS. I hope I wasn’t rude. The trouble is that I’m not the best person to do the explaining, and I’m struggling to keep a clear picture in my head – of what’s happening to K as much as of what’s happening to me. The goods thing for me is that thinking about K’s situation helps me be more objective about my own.

    K. So the truth has come out – I’m not doing this for your sake at but for mine! (Small voice:) Sorry…

  22. karen says:

    That’s ok Sam :)
    and Razor :)
    I appreciate all of your help and support. I am alone in this and this page has helped me more than you could know.
    I’m also offline soon and may not be back until tomorrow but will be back when I can. I guess I need mulling /thinking time too. I have a month at least to appeal this crazy decision too.

  23. Carol says:

    Had an assessment with a nurse which lasted over one hour. I have multiple health problems including arthritis, fibromyalgia, diabetes and depression. I was informed five years ago that I would be on benefits for life due to my poor condition. The nurse said that although I had medical problems she felt these were all well under control due to the medication I was on. I have to sleep upstairs and there is a shortage of ground level accomodation in my area. She asked how I got to bed – I explained that I had to drag myself up holding onto bannister at both sides of stairs and that someone had to walk behind me in case I fell(I often experience blackouts). She implied that my mobility issues were not as bad as I had stated in my application. Now facing the work group I am going to appeal but am very afraid that I will not be successful.

  24. Amanda says:

    I’m really worried because my husband goes for his assessment at the end of this month and I’ve heard if he fails and appeals, he isn’t entitled to any money at all while he’s waiting. Is this right? He claims for me too because I’m his carer, even though I don’t receive carers allowance. Any advice is welcomed. Thanks

  25. cheryl mcgibbon says:

    hi amanda, just read your post on this site, you need to get an appeal form GL24 and ask for a copy of the medical report as you are entitled to this, they cannot refuse your request, also you must ask to go onto the appeal rate till your case is heard, again they cannot refuse you this either,it is almost the same as the esa rate so please stick with it and don’t give in to the huge amount of red tape and diversion tactics, stand your ground, be firm but be polite no matter how frustrated you get with things,take care, you will manage, with the right advice from this site you will both be ok! chezzle.

  26. David says:

    I have just been informed I passed the Atos test (fiasco) with sufficient points my doctor has signed me off and they still put me down for a back to work interview. I was on the mend but this has set me right back , I have requested reconsideration and a copy of the report. Why is the Jobcentre an 0845 and not an 0800 ?

  27. mark says:

    what happens id the dm rejects your reconsideration to go forward to the first tier tribunal ,do you still appeal to the tribunal ,and get paid assenement rate until your appeal gets heard ,coz iv been sidelined with anxiety and depression and find it dificult and get worried to the point of throwing up always thinking of the worst outcome of things thats why i cant ,go on jobseekers coz of the unsertianty of complying with it ,as i say even if the reconsideration is denied and the dm denie me to go forward i still plan to appeal anyways as im still recieving sicknote signing me unfit for work .,so will i still get payed at assesement and be able to appeal to the tribunal rate if the recon and dm both deny my reconsideration .

    • Go straight to appeal , ask to go on to appeal rate immediately, I followed all the advice given on this site, got my appeal tribunal and was awarded in my favour! They gave me decision while I was there and were more than understanding, they are completely impartial and very fair. Also make sure you take 3 copies of your paperwork because it can go missing once it reaches the mail sorting centre for DWP as apparently they do open it, so make sure you call them to see if they received it! Good luck all.

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