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stuck in a DWP/ATOS nowhere land - Help!
- Wordgirl
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12 years 9 months ago #85476 by Wordgirl
stuck in a DWP/ATOS nowhere land - Help! was created by Wordgirl
I posted (recorded delivery!) my Work Capability Assessment forms in February in time for the deadline of Feb 9. In the meantime - in mid-March, because I have been receiving contributions-based ESA for over 365 days, I was informed by phone, and by letter (from Jobcentre Plus), that my ESA would stop on April 30th.
I explained that I was still waiting to hear the result of my WCA medical forms and asked what I should do. I was told that if I hadn't heard back by April 30th my ESA would be stopped. The lady I spoke to checked the status of my medical forms and said that they "were currently in the scrutinising stage", but said she had no idea when a decision would be made as, "there's a huge backlog and it's just a case of waiting." She advised me to call Jobcentre Plus if I hadn't heard anything in a month's time.
As I'm sure people can imagine, I'm getting more concerned the closer we get to April 30th! This morning, I received a letter (dated 9 April) from Jobcentre Plus telling me again that my ESA would stop at the end of April. Concerned that perhaps my medical forms had been "scrutinised" and I had either been passed as fit for work or in the WRAG group and I hadn't been informed, I called Jobcentre Plus. I was told that there was no record on their computers of anyone checking whereabouts in the process my medical forms were when I called in March; that there was nothing they could do if April 30th arrived before a decision was made as to which group I had been put in; that I shouldn't have been told any differently, and that I needed to call ATOS.
I called ATOS who confirmed that they had received my medical forms (and accompanying information, thanks to the advice on thsi website)on Feb 9; that my forms were still being processed. They also had no idea when I would either be asked to attend a medical or given a decision.
They then advised me to write to Jobcentre Plus, explain the situation, and ask what I should do.
I feel as though I'm stuck in some bizarre scenario where I'm being passed pillar to post by two groups who've both admitted that they don't actually have anything to do with each other (!?). Meantime, I have 6 days to go until my ESA payments cease. That's almost £400 a month I have no way of replacing.
Is there anything I should be doing? Am I entitled to make a complaint, and if so to whom? Am I meant to wait until the decision is made based on the WCA medical forms I've sent in, or should I appeal now? I know that if I want to appeal I need to do so within a set period of time, but how can I know if I need to appeal while I'm stuck between ATOS and the DWP with each one passing me back to the other?
I explained that I was still waiting to hear the result of my WCA medical forms and asked what I should do. I was told that if I hadn't heard back by April 30th my ESA would be stopped. The lady I spoke to checked the status of my medical forms and said that they "were currently in the scrutinising stage", but said she had no idea when a decision would be made as, "there's a huge backlog and it's just a case of waiting." She advised me to call Jobcentre Plus if I hadn't heard anything in a month's time.
As I'm sure people can imagine, I'm getting more concerned the closer we get to April 30th! This morning, I received a letter (dated 9 April) from Jobcentre Plus telling me again that my ESA would stop at the end of April. Concerned that perhaps my medical forms had been "scrutinised" and I had either been passed as fit for work or in the WRAG group and I hadn't been informed, I called Jobcentre Plus. I was told that there was no record on their computers of anyone checking whereabouts in the process my medical forms were when I called in March; that there was nothing they could do if April 30th arrived before a decision was made as to which group I had been put in; that I shouldn't have been told any differently, and that I needed to call ATOS.
I called ATOS who confirmed that they had received my medical forms (and accompanying information, thanks to the advice on thsi website)on Feb 9; that my forms were still being processed. They also had no idea when I would either be asked to attend a medical or given a decision.
They then advised me to write to Jobcentre Plus, explain the situation, and ask what I should do.
I feel as though I'm stuck in some bizarre scenario where I'm being passed pillar to post by two groups who've both admitted that they don't actually have anything to do with each other (!?). Meantime, I have 6 days to go until my ESA payments cease. That's almost £400 a month I have no way of replacing.
Is there anything I should be doing? Am I entitled to make a complaint, and if so to whom? Am I meant to wait until the decision is made based on the WCA medical forms I've sent in, or should I appeal now? I know that if I want to appeal I need to do so within a set period of time, but how can I know if I need to appeal while I'm stuck between ATOS and the DWP with each one passing me back to the other?
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- Gordon
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12 years 9 months ago #85479 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:stuck in a DWP/ATOS nowhere land - Help!
WG
I can understand how worrying this must be for you, but in reality there is nothing you can do at the moment.
The next action is for ATOS to decide whether you require a medical or not, if you do then it will need to be scheduled, if not, then your file will be returned to the DWP for a Decision to be made. Even if the system was working normally, and it is not, then a new Decision will not be made before the 30th.
Have you checked to see whether you are eligible for Income Related ESA, this will depend on you and your partners income, assets and the number of hours your partner works, see
24 hour work rule for ESA(IR)
Asset rule for ESA(IR)
The decision to time limit your ESA(CB) is not appealable, however, once you have a Decision following your re-assessment, if you are not placed in the Support Group, and believe that you meet one or more of the associated criteria, then you can appeal this Decision, however, you will not receive payment while waiting for a hearing.
If you are placed in the Support Group, then your ESA(CB) will be re-instated from the date of the Decision and will remain in payment while you remain in the Support Group.
Depending on your NI Contribution history, you may be able to make a new claim for ESA(CB) once 12 weeks have elapsed.
I hope this explains it all.
Gordon
I can understand how worrying this must be for you, but in reality there is nothing you can do at the moment.
The next action is for ATOS to decide whether you require a medical or not, if you do then it will need to be scheduled, if not, then your file will be returned to the DWP for a Decision to be made. Even if the system was working normally, and it is not, then a new Decision will not be made before the 30th.
Have you checked to see whether you are eligible for Income Related ESA, this will depend on you and your partners income, assets and the number of hours your partner works, see
24 hour work rule for ESA(IR)
Asset rule for ESA(IR)
The decision to time limit your ESA(CB) is not appealable, however, once you have a Decision following your re-assessment, if you are not placed in the Support Group, and believe that you meet one or more of the associated criteria, then you can appeal this Decision, however, you will not receive payment while waiting for a hearing.
If you are placed in the Support Group, then your ESA(CB) will be re-instated from the date of the Decision and will remain in payment while you remain in the Support Group.
Depending on your NI Contribution history, you may be able to make a new claim for ESA(CB) once 12 weeks have elapsed.
I hope this explains it all.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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