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On the Bus Off the Bus

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11 years 9 months ago - 11 years 9 months ago #88913 by pgsd
On the Bus Off the Bus was created by pgsd
Hi Guys, hoping for some advice but fully understand if it does not fall into an area that can be answered. Briefly last year after 2 years and 2 tribunals massively won tribunal against DLA, I have very rare genetic illness for which there is no cure and I proved this, at the same time my appeal to ESA placed me in support group,
Rang ATOS over last couple of weeks and was informed that as my condition was found to be so " severe " they did not need face to face and that was their advice to ESA I would not say therefore I was surprised ( nothing now surprises me ) letter from ESA this morning stating I was being taken out of support group and placed in WRAG ( I very easily meet many of their descriptors placing me in support group and as I say no cure and in fact recenet evidence of worsening of condition, Beyond belief !!
I am awaiting call back to explain but atos stated they could not send me any confirmation of what they told me on phone, my question is surely if it is on their screens, If I hit them with Freedom of information request they would have to give me copy of what has been written on their system about me confirming this ? as I say I understand if question not within remit of forum etc... cheers


Moderarator's Edit : Duplicate post deleted
Last edit: 11 years 9 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Duplicate post deleted.

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11 years 9 months ago #88917 by Gordon
Replied by Gordon on topic Re:On the Bus Off the Bus
pgsd

ATOS merely make a recommendation to the DWP, it is a DWP Decision maker you decides what award to make.

You can request the ATOS medical report from the DWP, as you did not have a medical you need to ask for your ESA85A, there are other documents you may also want to ask for, see

ESA medical – what forms to ask for?

Without the medical report you will not know whether the ATOS "doctor" recommended the Support Group and the DM has overriden them, or they only recommended you for the WRAG.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 9 months ago - 11 years 9 months ago #88924 by pgsd
Replied by pgsd on topic Re:On the Bus Off the Bus
Many thanks Gordon,
as I say, it beggars belief as there is no cure for my rare illness and as I can prove I continue to worsen and always will, thanks for the info I will chase this up asap
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #89009 by pgsd
Replied by pgsd on topic Re:On the Bus Off the Bus
Hi Gordon,
just to update you. after my making many phone calls and reiterating ridiculousness and waste of Tax payer's money involved, Atos were their usual unhelpful selves but at the same time I was receiving a call from ESA advising there was nothing they could do and advising me to take case to appeal, a message was being left informing me that they had looked again at my case and agreed that ESA had made a mistake in taking me off support group and reinstated me, again I thank you for your advice, I am still going to ask for all the documentation involved as informed by this site at least matter resolved one way or another for the Battle to cont
inue next year, Best wishes and thanks

PGSD

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11 years 9 months ago - 11 years 9 months ago #89010 by Gordon
Replied by Gordon on topic Re:On the Bus Off the Bus
pgsd

Glad to hear that this situation has been resolved, although I would wait for the paperwork before celebrating :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #89011 by pgsd
Replied by pgsd on topic Re:On the Bus Off the Bus
you are right. I had rang back to request exactly that and also on ringing esa I asked the lady firstly to read to me exactly what was the last notes placed on the system which did confirm that they had mistakingly taken me off support group and I was to be "immediately reinstated" but did insist in having this confirmed in writing - getting wiser in my years, lol -
cheers

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