Any point in DLA application?

Hi W,

Have you thought of making a complaint to ATOS re the ESA85 medical report in question?.

It may help to discredit the report, if you can gain some recognition that it is in some way erroneous.

It would be advisable to keep this complaint as a totally seperate issue to an appeal of your adverse ESA decision.

We have had members who have endured problems in claiming another benefit due to an errant report.

The DWP DM can use any reports/ evidence that he has at his disposal in making a decision of award on an allowance or benefit.

See information re complaining to ATOS on their website, from this link. :

www.atoshealthcare.com/index.php?option=...ion&id=14&Itemid=288

There is also information on complaining in the MEMBERS ONLY area.

bro58

I only recieved this report (ESA85) this morning and am currently waiting to be told how long it will be before I can see a WRO for their advice/assistance.

A complaint hadnt occured to me, but I will give it some thought and ask the WRO about it.

One further question, as I've been awarded WRAG at the same rate as my IS used to be will I continue to recieve this amount durign the appeal or will I drop to the ESA assessement rate?

Thanks

ESA/DLA is discussed at length here -

www.benefitsandwork.co.uk/forum?func=view&catid=10&id=32996

Page 4 onwards.

Thanks

Wonko wrote:

I only recieved this report (ESA85) this morning and am currently waiting to be told how long it will be before I can see a WRO for their advice/assistance.

A complaint hadnt occured to me, but I will give it some thought and ask the WRO about it.

One further question, as I've been awarded WRAG at the same rate as my IS used to be will I continue to recieve this amount durign the appeal or will I drop to the ESA assessement rate?

Thanks

Hi W,

You will receive the WRAG rate right up until the Tribunal decision.

Your claim will automatically be reconsidered by a different DM when you appeal using GL24 form, this can take up to 12 weeks, and if the adverse decision is not changed at this stage, it will be sent forward to the appeals process.

Are you aware that there is some risk in that if you appeal WRAG to Support, you will have your whole claim looked at again.

Ask the WRO to risk assess this for you.

Further the DM may well request that you attend a further medical, to gain more evidence.

Have a good read of all the ESA Guides in the MEMBERS ONLY area, which includes appeals, they are very informative.

bro58