DWP phoned and said "We want to start again"

I am waiting for their decision in writing to suss exactly what the phone call means.

I was given Zero points at ATOS in February and DWP put me on lowest rate ESA pending appeal

I filled in all the appeal forms.

Last week a friend wrote a letter to DWP pointing out

(1) The initial consideration at ATOS of my questionnaire was by a male nurse who ATOS cannot provide a UK registration.

(2) The assessment was then carried out by a nurse at the local centre on whose report DWP awarded me nil points

(3) The nurse had failed to record that I have had a kidney removed and that this contraindicated anti inflammatories for fibromyalgia and osteo arthritis/

(4) ATOS had their report reviewed by one of their HQ doctors resulting in disciplinary or advice action against the nurse who conducted my medical

(5) DWP refused to review their decision in spite of ATOS errors and I went into appeal process

(6) My friend's reminder letter was posted last week.

Today DWP phoned and said "I can't put this case in front of the judge he will kick it back at me" and said he will pay me the extra benefit arrears from when I was migrated to lowest rate ESA. But it sounded like he wanted to migrate me back to IB and "Start again"

I assume he will pay either WRAG or Support Group rate of arrears then get me called for another ATOS medical ?

Olivia wrote:

I am waiting for their decision in writing to suss exactly what the phone call means.

I was given Zero points at ATOS in February and DWP put me on lowest rate ESA pending appeal

I filled in all the appeal forms.

Last week a friend wrote a letter to DWP pointing out

(1) The initial consideration at ATOS of my questionnaire was by a male nurse who ATOS cannot provide a UK registration.

(2) The assessment was then carried out by a nurse at the local centre on whose report DWP awarded me nil points

(3) The nurse had failed to record that I have had a kidney removed and that this contraindicated anti inflammatories for fibromyalgia and osteo arthritis/

(4) ATOS had their report reviewed by one of their HQ doctors resulting in disciplinary or advice action against the nurse who conducted my medical

(5) DWP refused to review their decision in spite of ATOS errors and I went into appeal process

(6) My friend's reminder letter was posted last week.

Today DWP phoned and said "I can't put this case in front of the judge he will kick it back at me" and said he will pay me the extra benefit arrears from when I was migrated to lowest rate ESA. But it sounded like he wanted to migrate me back to IB and "Start again"

I assume he will pay either WRAG or Support Group rate of arrears then get me called for another ATOS medical ?

Hi O,

As you may know, when you submit an appeal, a different DWP ESA Decision Maker will reconsider the adverse decision that you have appealed. In your case, a "fit for work" decision.

This phonecall sound very suspicious to me, in that, either the reviewing DM can change the fit for work decision to WRAG or SG, or can leave the adverse decision unchanged, and send your appeal forward to The Appeals Tribunal Service, in which case you would be informed, and receive an evidence pack (bundle) from the DWP.

The DM cannot decide whether a Tribunal would "kick it back at him" nor can he decide to just revert your status back to IB, and "start again"

You won't really know how to proceed until you receive notice of what the DM has actually done, if the DM has changed the adverse decision and placed you into the WRAG, you can still appeal this to go into The SG.

It all sounds very fishy with regards to the ATOS Nurse not being registered, you may wish to complain to the Nursing and Midwifery Council (NMC) regarding this, see :

www.nmc-uk.org/General-public/Reporting-...-midwife-to-the-NMC/

It may be worthwhile sending a letter to the DWP referencing the phonecall, and the subject matter, and requesting clarity on this issue.

Sending Documents to the DWP or ATOS

You may also wish to inform your M.P., see :

Contacting your MP

bro58

Gordon wrote:

Olivia

Just to add my 2d's worth to the excellent advice from Bro58.

If the medical report is judged to be unfit for purpose, which appears to be the case, then this would likely render any Decision based on it as unsound.

This is why I think the DM is saying that the Tribunal will bounce it back to them!

As Bro58 has said, there are a number of possible scenarios that could result from this, and until you hear from the DM in writing, you won't know for sure, but I suspect at the very least, you will have to attend a new assessment.

Good luck

Gordon

That's at least 4d worth Gordon !!!

Good advice though.

bro58

Any news on this Olivia?

My advice is (if you have to complete a new form )

Use B and W guides to help you complete the form
Get supportive evidence from your GP

If you do these, you might get through on the paperwork without being seen, and if you are seen your prospects of success are greater