A month to appeal?

I had my Atos medical on the 9 Nov. for transfer from long term IB to ESA. I have not had any written notification as yet about what group I have been put in. I have chased up the DWP twice and been told I have been put in the WRAG group. I told them I would appeal and I have been sent a copy of my medical report form. I tried to chase it up today and they confirmed that I have been put in the WRAG group and that the " month to appeal " only relates to people appealing about being put into the jobseekers group. Is this right?
Just to add, the health professional has put down that I can walk 70 metres when I can only manage 40. Later on in the report under "observed behaviour" he states that I am unable to walk and that is consistent.! He has also written out a great deal of detail about my clinical examination and how I needed assistance to get on the couch. This is all very fine EXCEPT that I didn't have a clinical examination at all! He also stated my wife was present throughout the assessment BUT she was not! She was actually in Sainsburys around the corner as the examination centre in Balham is on a red route with no parking!!

Sorry for the long post but I'm fuming!!!

RedDog wrote:

I had my Atos medical on the 9 Nov. for transfer from long term IB to ESA. I have not had any written notification as yet about what group I have been put in. I have chased up the DWP twice and been told I have been put in the WRAG group. I told them I would appeal and I have been sent a copy of my medical report form. I tried to chase it up today and they confirmed that I have been put in the WRAG group and that the " month to appeal " only relates to people appealing about being put into the jobseekers group. Is this right?
Just to add, the health professional has put down that I can walk 70 metres when I can only manage 40. Later on in the report under "observed behaviour" he states that I am unable to walk and that is consistent.! He has also written out a great deal of detail about my clinical examination and how I needed assistance to get on the couch. This is all very fine EXCEPT that I didn't have a clinical examination at all! He also stated my wife was present throughout the assessment BUT she was not! She was actually in Sainsburys around the corner as the examination centre in Balham is on a red route with no parking!!

Sorry for the long post but I'm fuming!!!

Hi RD,

I'm afraid that you have been misinformed regarding the appeal.

You DO have 1 month to appeal the decision to put you in the WRAG.

See here :

How long do I have to appeal?

And :

How to submit an appeal

See here also :

Is there any risk to challenging a decision?

And :
Employment and Support Allowance appeals New November 2011

From here :


ESA Guides

It may also help if you read all relevant sections in our FAQ's, here :

FAQ’s

You could raise your concerns regarding the discrepancies re : the "medical examination" , in the form of an official complaint, see here :

Complaining to the DWP

bro58

Thank you for your replies! The medical was 6 weeks ago. I haven't had a written notification yet just 2 copies of the medical report form after I chased it up. I therefore haven't a clue who to appeal to or who to complain to as I see, according to the guidance, you have to contact the office dealing with your claim first. I am getting worried that when the medical report forms were sent out that they didn't include all the paperwork. Thus, my month to appeal from the date on the letter is slowly ticking away leaving me unable to respond. I was told on the phone that I have been transferred over to ESA on 16 Dec. but I wouldn't get a notification until my case went " live ". Could this be plausible or am I getting paranoid?

Yes, thanks Gordon. I am familiar with how to appeal however I DO NOT know to whom to appeal? Which office would deal with it? When I eventually spoke to somebody on the phone they were in Belfast! I actually live in Carshalton, Surrey!