ESA APPEAL

my brother has failed the ATOS medical for ESA. He has sent in the GL24 appeal form.

He has been on Incapacity benefit for some years. As he has not had a GP for some time , and has been unable to face getting a new GP as he has social anxiety problems and dreads meeting anyone unfamiliar. will he be able to claim ESA at the assessment rate? He is concerned that he may need a new sick note from a doctor and as he would be unable to obtain one as he does not have a GP. Would he be able to claim some lower rate of benefits, while he is appealing. He would be unable to deal with going on to Job Seekers Allowance while waiting for the appeal. He is concerned that his housing benefit will also be stopped and being made homeless .

fedup90 wrote:

my brother has failed the ATOS medical for ESA. He has sent in the GL24 appeal form.

He has been on Incapacity benefit for some years. As he has not had a GP for some time , and has been unable to face getting a new GP as he has social anxiety problems and dreads meeting anyone unfamiliar. will he be able to claim ESA at the assessment rate? He is concerned that he may need a new sick note from a doctor and as he would be unable to obtain one as he does not have a GP. Would he be able to claim some lower rate of benefits, while he is appealing. He would be unable to deal with going on to Job Seekers Allowance while waiting for the appeal. He is concerned that his housing benefit will also be stopped and being made homeless .

Hi Fedup

As B&W mods we are only able to give general information on certain benefits and help with the B&W guides.

As you are dealing with your brother's claim, may I suggest you start reading about ESA here -

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

Would my brother have the option of claiming the reduced rate of income support, while he is appealing?

fedup90 wrote:

Would my brother have the option of claiming the reduced rate of income support, while he is appealing?

Hi Fedup

There are a number of factors here, which as you know don't make your brothers situation straight forward.

I feel it would be in your brother's best interests to seek face to face advice as soon as possible.

No doubt you could act as mediator for him.

Please see link here -

Where to get advice?

He was being migrated from Incapacity Benefit to ESA. As he had been on Incapacity benefit for some years & he has not had to produce a medical certificate for years as he passed previous Atos examinations for incapacity benefit. He was removed from his GP's list a few years because he moved address. He did try to get a new GP at the time, but was told their lists were all full and gave up trying. His condition has worsened over the years and he does not really want to see anyone. He has not received anything from the jobcentre telling him that he needs to send in a medical certificate to receive ESA at the assessment rate while appealing. He has filled in a GL24 and stated that he wished to be put on the assessment rate while appealing. The letter that he received telling him that he failed the Atos medical (only by a few points) , does not state that he needs a medical certificate to claim ESA while appealing.

This whole business has had a very bad effect on his mental health.