Complaint to ATOS about HCP

Yes we have it in writing that the decision has been changed and I have LCW, but it does not state the rate, it also states back to their decision of the 9/2/11 when they said I could work.

The HCP's report was looked at by an ATOS doctor who agreed with us that it was flawed and incomplete, according to the ATOS letter the report was sent to DWP (we have applied for a copy of the letter, but apparently they are kept by an area of DWP so ATOS has forwarded my request to them for a copy)I have also asked DWP for a copy.

The letter we received telling me that I have LCW also states that if I wish to appeal the decision to reply within 14days, which was why I have been chasing it as I can't appeal nothing. It is so frustrating.

Yet more utter claptrap from the DWP! We seem to have been getting an ever-increasing amount of misdirection from them in the forum recently.

You are indeed entitled to be paid at the WRAG rate until such time as the WCA is repeated, and you have done absolutely right in requesting a formal decision with the intention to appeal.

It would also be worthwhile putting the DWP on notice that if it is established that they have unlawfully withheld your correct benefit entitlement, you will pursue a claim for maladministration for the whole of the period that your correct payments are withheld. Further information can be obtained from the link below about maladministration claims against the DWP:-

Financial Redress for Maladministration.

Thanks for this, just seems crazy that they think will get away with it, as I am not going to give up, and I am going to fill in my new ESA50 form using your guidelines, thanks for your help. I will let you know what happens.

Just thought I would give you an update, that even though they have told me in writing that I have Limited Capability for Work and entitled to ESA(Cont)the decision maker has told me that I will remain on the assessment rate as I have not had a medical, once I have had the medical they will decide which rate. I have asked for this in writing and am still waiting for a copy of the ATOS reassessment.

You have stated that I should be entitled to the WRAG, is there anything I can quote to them to back up my case. They have admitted none of this is my fault, but when I inform them I am the one being penalised, it's virtually a case of hard luck. I have informed my MP (but not sure if this will help.

What I cannot understand is if you supply evidence of your condition, but it was received after your medical they class it as irrelevant, but they are now going to backdate a medical over 7 months, this just doesn't make sense.

I feel like I am drowning here and could really do with some advice, as I just don't know which way to turn. I do have mental issues as well and the stress/anxiety is affecting me both ways. I am trying to keep it together but without some sort of support the cracks are getting larger.

This does seem bizarre. And obviously you are finding it very stressful, Dave.

Maybe I'm being dense but if DWP have given you written confirmation that you have LCW, then I take that to mean AS A MINIMUM you will be put in WRAG and the only question is whether you should be in SG (Supprt Group) instead.

So the sensible action would be to pay you at WRAG rate until the decision is made (following medical). Mind you, this could be a 'system' problem (with computers and suchlike) that means they can't pay the money without entering an official decision which then would kick off all sorts of bureaucracy - Work Focussed Interviews, next ATOS appointment, and suchlike.

Any joy from your MP? An enquiry on House of Commons notepaper seems to work wonders with DWP.

Hang on in there, Dave, we're all rooting for you.
Andy.

Hi Andy

I just seems that the DWP do not complete things logically. I am not very educated but it seems if it doesn't make sense the DWP will use it. I have always lived by commonsense, which is why I am strugglung so much with this.

All I get from the DWP is they have made the decision in my favour, what has annoyed me is my appeal was due on the 22/8/11 and they claim they had never received the information from ATOS. If I had left it and only submitted it to the tribunal at the last minute I would have gone to court and maybe have been given a decision, as the DWP had no evidence, but that is with hindsight.

I am trying to keep calm, but my sprays are being used quite a bit at the moment.