Likely ATOS response stragtegy to EAS50

TheSheraleeCentr wrote: I wish to differ on your information about "stopping your benefit, without having a face-to-face medical"

I am severly disabled with many co-mobidities, I have been receiving Incapacity Benefit for 14 years with the highest rates of both DLA componats. But because of my many disabilities and even though I did infom the DWP & Atos that my ESA50 would be late because I had been to ill to complete and return them in-time, they sent me a letter and confirmed over the phone that they had in-fact ended my claim and I was no longer on their system.

That is a true fact !

Hi TSC,

Under ESA Legislation, you cannot be found fit for work, unless you first have a face to face assessment.

Your benefits have not been stopped under this scenario. They have been stopped, due to failure to return the ESA50 by the stipulated deadline given, which is 4 weeks, again covered by legislation.

As a result of failing to return The ESA50 by the deadline given, ATOS would have returned your file to The DWP Decision Maker, who has then decided to stop your benefit.

Although there is no legal leeway, to allow for a no or a late return of The ESA50, you could put your case to the DWP DM, and try to show good cause for not complying with the deadline.

The DWP are supposed to make allowances regarding no or late return for claimants who suffer mental health issues.

See : How long do I have to complete the ESA50?

bro58

I wasn't aware there was a looming Postal Strike!