another atos medical?

Hi,

Can someone please tell me if atos are correct in asking me to now attend a medical for ESA even though I am currently in the process of appealing against a decision to stop my entitlement to IB after I only went for a medical with them in january this year. I assumed that a claimant would be exempt from having to attend another medical when he/she was in the process of appealing to seek to get an earlier benefit decision overturned and were waiting for a date for an independent tribunal. The reason it is going to a tribunal is that the dwp wouldn't change the decision even though I highlighted a number of errors and inconsistencies in the doctors report they sent to me (after i requested to see it), on the GL24 form I sent in as well as providing medical reports from specialists. They submitted my appeal to the tribunal service and they have written to say the appeal should be heard about august. I was advised by the jobcentre to make a claim for ESA in february (when my IB stopped) as they said that I could not claim IB at the assessment rate due to new rules.They said I could claim ESA at the assessment rate as long as I keep on submitting doctors notes and that if my appeal is successful I would be awarded the additional IB entitlement backdated from february. Am I to understand that if I attend another medical and if this is as biased as the last one and it concludes that I am not entitled to ESA that I am back to square one and that I will have to appeal against this decision also.
On another note I have to attend a 'pathways to work' interview tomorrow so any advice on how to handle this would be welcome also.

Thanks, benson1

Under the ESA procedure, unfortunately you will have to attend another medical assessment while you are appealing the adverse decision to terminate your IB entitlement.

If you fail the WCA you may also have to appeal that decision, and the likelihood is that if this is the case, the appeal tribunal may hear both appeals at the same time. The IB appeal would be considered first and if you are successful with that appeal, your ESA appeal lapses and IB will be reinstated from the date it was terminated.

On the question of your Pathways to Work interview, you may wish to refer to the "Knowing your rights at Pathways to Work Interviews" guide in the work resources section.