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I have been sent an assessment letter from ATOS after winning a tribunal - why?

AlbertHAlbertH Member Posts: 1 Listener
Hi All,  Trying to help my son who has Diabetes Peripheral Neuropathy.  Three years ago we finished up going to a Tribunal Hearing as ATOS assessment awarded him 0 (zero) points.  We won the appeal with 15 points and an indefinite period.  He has recently been sent another ATOS assessment appointment letter for the end of this month.  It appears that neither DWP or ATOS know what the term INDEFINITE means and we appear to have to face the whole process again.  We can do this but why?  How much money is this process costing when our NHS needs it?

Replies

  • Liam_AlumniLiam_Alumni Scope alumni Posts: 1,113 Pioneering
    Hi @AlbertH,

    Welcome to Scope's online community!

    I'm sorry to hear about the difficulties you are having. Just to confirm, is this with PIP?

    I've moved this discussion to our Ask a Benefits advisor category, where @BenefitsTrainingCo may be able to advise.

    I hope this helps!
    Liam
  • wildlifewildlife Member Posts: 1,314 Pioneering
    edited August 2017
    @AlbertH I suggest you ring DWP and ask why this is happening. Unfortunately they do have the right to review claims at anytime but ringing to find out why and reminding them it's an indefinite award will be a good starting point.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Hi @AlbertH

    You could write to your MP after the Election and ask why the DWP is wasting public money.
    I have also heard that if the DWP change the original award then that would be placing a time limit on the original award -and that would be contempt of court.
  • wildlifewildlife Member Posts: 1,314 Pioneering
    Surely in that case it's a complete waste of time and public funds to do the review. I sometimes wonder if these letters are computer generated automatically so that's why I suggested ringing first to see if it's just a mistake..
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Yes, the DWP are incompetent.  Recently a member posted that the DWP had told them that they had 28 working days to ask a tribunal for a statement of reasons. I'm pretty sure it's 28 days straight.
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    If this is for ESA, there's no such thing as indefinite. They can reassess you at any time if they give you an indefinite award.
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @Nystagmite In that case it's probably a PIP award he got. @Matilda Thanks that's a useful piece of information for people worrying about DWP appealing a court decision. There's a lot of difference time wise between 28 days and 28 working days. 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @AlbertH

    I often ask myself the same question - how much are all these needless decisions and appeals costing the public purse? Very frustrating I agree!

    Unfortunately, provided the DWP have stated why they are reviewing the previous decision, they are within their rights to do so.

    However they cannot just review claims frivolously, and I agree with @Matilda that contacting your local MP to apply pressure and make it known to the DWP in the form of a complaint what difficulties it causes claimants to have to keep going through the reassessment process.

    Bottom line, you need to go along with the reassessment in the meantime to ensure that your son's benefit is not stopped.

    Let us know if you need anything further.

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited June 2017
    @AlbertH

    Did you first receive a DWP letter stating why they intend to reassess your son?  Or did you just get an Atos appointment letter out of the blue?

    Also, is the reassessment for ESA or for PIP?
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @Mary Sorry to chip in here but if @AlbertH's son has only had a standard letter from ATOS with an assessment appointment and no communication from DWP (none mentioned) then he hasn't been given reasons for the review. A simple phone call to DWP initially to find out why this has happened with maybe an apology and cancellation of the review may save him the bother of writing letters of complaint. That could be done later if no satisfactory reason is given. 
  • TiggerJones51TiggerJones51 Member Posts: 3 Listener
    Matilda said:
    Yes, the DWP are incompetent.  Recently a member posted that the DWP had told them that they had 28 working days to ask a tribunal for a statement of reasons. I'm pretty sure it's 28 days straight.
    Yes, my letter states DWP have one month starting from when the First-tier Tribunal's statement of reasons has been issued following the request from DWP.
  • TiggerJones51TiggerJones51 Member Posts: 3 Listener
    When DWP informed me they wished to consider appealing the award granted by Tribunal for my son's PIP, I contacted the caseworker at CAB who has helped me with his claim previously. She advised me to contact a local councillor who had acted on behalf of a young lad in the same position and managed to overturn decision of DWP. Unfortunately, I live a couple of miles out of his catchment area so was given the name of my local councillor. I emailed her and explained her colleague had been able to help the young man. ( same political party and they work closely together). Her secretary emailed me and said they would do what they could. I got an email a couple of days later from the case load worker who said there are certain things that local councillors don't get involved in and Tribunal decisions is one of them!!!!!! I asked if she could ask the other councillor for some guidance as to how I address the problem as I know he goes into her office on an almost daily basis and because of his success with the young lads case, but didn't even get a reply!!!
    CAB hadn't dealt with an appeal against Tribunal award so we're of no help.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Try contacting your MP, @TiggerJones51.
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