appeal

kate wrote: Hello everyone. I am very quickly gathering evidence for my appeal, however I am struggling getting my consultant to write me a supporting letter. My original consultant retired due to ill health and my new consultant isnt very approachable. Ant advice would be appreciated. My Atos medical was a nightmare the lady who conducted seems to have twisted everything i said. When asked my previous occupation I told her yet when i received my report she wrote a completely different job. Other ATOS staff were standing outside the building smoking which aggravated my asthma as i entered the building. It was a nightmare and i felt totally humiliated. I was awarded 6 points which is better than none i suppose but told i was fit for work when i am clearly not. I am desperately worried, scared and very tearful yet i have been told i have about five to seven months before my appeal will be heard. Any tips on how the process works.

Kate

Please try not to tag new questions onto other members posts, they are easy to miss and can cause confusion over which answers apply.

With regard your questions.

I am afraid that Consultants and GP's are not required to provide claimants with letters and reports in connection with benefit claims, so you are entirely at the mercy of this Consultant, although offering to pay may make it more likely that they will accommodate you, however, you should be sure that any letter or report is supportive of your claim, for example, a letter that you are not capable of work will be of little value.

As an alternative you can request a copy of your medical records from your GP's practice, these will often include the correspondence between your GP and your Consultants.

Requesting your medical records

Charging for medical records

With regard an appeal, if you have not already done so, have a look at our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQS

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the WRAG

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

If you have further questions, please reply to this post.

Gordon