Advice please - confused!

I wonder whether anyone can provide any views/opinions as I am rather confused and bewildered.

11 months ago I was successful at a Tribunal when from passing the ATOS medical I was placed in the Support Group.

I assumed that would be the end of having to justify me being awarded ESA - but oh no, I have just received an ESA50 form to complete.

I contacted DWP explaining I was in the SG following a tribunal, and thought I would have been exempt from going through the whole rigmarole again, to be told I had to complete one.

Is this right? If so, it demonstrates how outrageously one sided the system is. If I had lost the appeal, I would have had no where to go other than appeal on a point of law, but it seems that DWP/ATOS have the luxury of appealing in all but name by compelling me to complete an ESA50 with the possibilyprobability of forcing me to undergo another Medical and failing my ESA application.

I am dreading the prospect of me having to undergo the process once more, especially as from my experience ATOS is [Mod Edit] and the HCP who first assessed me [Mod Edit].

This is the last thing I need - I am now on the list to undergo surgery on my back,and it was for a seperate condition altogether that got me the 15 points and put into the SG.

I have no improvement in my health and I don't need this hassle which I see as victimisation.

Thanks in advance for any assistance or advice

Unfortunately as the system stands if you're sent an ESA50 then sadly you have to fill it out. There are very few exemptions to the ESA WCA unlike the old IB (no surprise there).

As for the Support Group, to get into the Support Group you would have needed to have satisfied one of the Support Group descriptors.

It seems all those on ESA and disabled are victimised and that there is a witch hunt on us by the g.ovt.
On your letter from ATOS or who ever said that you are in the Support Group, you will find an addition somewhere stating the time length you are in the support group, then you can see if they have adhered to the time slot

It is one of the tenets of the Welfare Reform Bill that no-one will be allowed to receive state benefits without regular reviews. Whilst one would hope that being in the Support Group would give you a little respite from re-assessment, this is the way things will be from now on.

I believe that the onus will be on you to show that you still meet the criteria for inclusion in the Support Group. It is worth re-aquainting yourself with the descriptors before you complete the form, they can be in the ESA part of the 'members only' section of this site.

ESA claims and appeals

Barbarag wrote:

I wonder whether anyone can provide any views/opinions as I am rather confused and bewildered.

11 months ago I was successful at a Tribunal when from passing the ATOS medical I was placed in the Support Group.

I assumed that would be the end of having to justify me being awarded ESA - but oh no, I have just received an ESA50 form to complete.

I contacted DWP explaining I was in the SG following a tribunal, and thought I would have been exempt from going through the whole rigmarole again, to be told I had to complete one.

Is this right? If so, it demonstrates how outrageously one sided the system is. If I had lost the appeal, I would have had no where to go other than appeal on a point of law, but it seems that DWP/ATOS have the luxury of appealing in all but name by compelling me to complete an ESA50 with the possibilyprobability of forcing me to undergo another Medical and failing my ESA application.

I am dreading the prospect of me having to undergo the process once more, especially as from my experience ATOS is [Mod Edit] and the HCP who first assessed me [Mod Edit].

This is the last thing I need - I am now on the list to undergo surgery on my back,and it was for a seperate condition altogether that got me the 15 points and put into the SG.

I have no improvement in my health and I don't need this hassle which I see as victimisation.

Thanks in advance for any assistance or advice

Hi B,

You may not need to have a face to face assessment on review, see this thread :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=82817#82817

Cheers

bro58

Thanks for the replies.

Much of my evidence at my Tribunal hinged on my Medical Records. As I thought the Tribunals ruling to be final, I shredded them!

I also do not have a copy of my original ESA50 not that that matters since ATOS took no notice of it.

It beggars belief that the Tribunals decision (who must surely be the higher authority) can potentially be overruled by the body that it ruled against! Whatever happened to British Justice?