ESA appeal - might they send me for assessment?

Having been through ESA for a 3rd time, I had it renewed on paperwork alone recently, for a 2nd time running, for WRAG again.

I have been intending asking for a revision to go into the Support Group, (though admittedly I think I have only a slim chance), based on the Exceptional Circs Regs, as I have some more evidence to submit now.

I have asked for their paperwork/statement of reasons, and apparently they are on the way to me in the post.

However I suddenly had a horrible thought - if I submit this, might they decide to send me off to an ATOS medical, which obviously I am not keen on them doing as I don't think THAT will improve my chances at all. Having ME/CFS I have largely an invisible condition, and my 'proof' thus far has been due to my good medical evidence I feel.

If it wasn't for losing my ESA in April, I probably wouldn't be doing these desperate measures but given that it's only 2 mths away it seemed worth the try.

mermaid wrote:

Having been through ESA for a 3rd time, I had it renewed on paperwork alone recently, for a 2nd time running, for WRAG again.

I have been intending asking for a revision to go into the Support Group, (though admittedly I think I have only a slim chance), based on the Exceptional Circs Regs, as I have some more evidence to submit now.

I have asked for their paperwork/statement of reasons, and apparently they are on the way to me in the post.

However I suddenly had a horrible thought - if I submit this, might they decide to send me off to an ATOS medical, which obviously I am not keen on them doing as I don't think THAT will improve my chances at all. Having ME/CFS I have largely an invisible condition, and my 'proof' thus far has been due to my good medical evidence I feel.

If it wasn't for losing my ESA in April, I probably wouldn't be doing these desperate measures but given that it's only 2 mths away it seemed worth the try.

Hi MM,

There is a possiblity, that the DM could request that you have a face to face, to obtain more evidence before reconsidering your WRAG award of ESA.

However, I have not read of any such eventualities on the forum, and if you had to have a face to face, for the reviewing DM to now find you fit for work would then go directly against the advice given by ATOS in the recent "paper restricted medical".

The DM would have to show that your condition had improved, and that the limitations that qualified you for the WRAG award had diminished or disappeared.

The decision is obviously yours to make.

See the relevant extract here regarding risk of appealing ESA WRAG :
Is there any risk to challenging a decision?

And :

Qualifying for the Support Group

bro58

Thank you Bro. For some reason I had forgotten that ATOS were even involved in this latest decision. I hadn't quite understood their part in it when it is a 'paper restricted medical' but presumably they make recommendations from the paperwork, just as they would if you had a medical assessment.

mermaid wrote:

Thank you Bro. For some reason I had forgotten that ATOS were even involved in this latest decision. I hadn't quite understood their part in it when it is a 'paper restricted medical' but presumably they make recommendations from the paperwork, just as they would if you had a medical assessment.

Yes MM,

ATOS's recommendations would be written in the ESA85A medical report.

bro58

mermaid wrote:

However I suddenly had a horrible thought - if I submit this, might they decide to send me off to an ATOS medical..?

And if they did, would you still have the option of withdrawing the appeal, thus avoiding the WAC?

That's the $64,000 question.

Mark Sutton wrote:

mermaid wrote:

However I suddenly had a horrible thought - if I submit this, might they decide to send me off to an ATOS medical..?

And if they did, would you still have the option of withdrawing the appeal, thus avoiding the WAC?

That's the $64,000 question.

Hi MS,

A claimant can withdraw their appeal or request for reconsideration at any time.

However there is no guarantee that this would indeed stop any face to face assessment required by the DM, as a DM has the power to require the claimant to attend a medical assessment at any time.

Please see Gordon's advice also re : this :
www.benefitsandwork.co.uk/forum?func=vie...id=10&id=79132#79137


bro58