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Rise in Atos appeals being overturned.


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Am I right in thinking that after a year on JSA benefits stop? In which case those who have been put on JSA wrongly and can't work are going to be left high and dry?

 

No. Those who fail, go onto ESA which is limited for a year. After that they are transferred to JSA which results in pointless CV courses, job search, then work experience without pay.

 

---------- Post added 25-02-2013 at 22:14 ----------

 

There was something in there about the appeal rate being stopped too.

Would that mean if someone appealed they would have absolutely no support?

I know it used to be the assessment rate (the basic rate) while your appeal was in the system but if they stop the basic appeal rate then surely no body could afford to appeal so therefore no appeals!

 

I really really hope I have the wrong end of the stick.

 

While the appeal process takes place (which on average takes 6 months), benefit is reduced to £70 a week, the same as JSA.

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Do you have an official link for this figure?

 

 

http://www.spinal.co.uk/news/atos-dwp

New government figures show that one in five decisions to find someone “fit for work” made by the company that carries out the controversial disability benefit test is wrong.

 

http://www.huffingtonpost.co.uk/2012/09/19/atos-benefits-fit-to-work-disability-dwp-employment-_n_1896118.html

One in five recommendations by the Atos IT firm that suggest benefit recipients are "fit for work" are overturned at appeal.

 

1 out of every 5 assessed fit for work is overturned, so 4 in every 5 are not overturned. 80%

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Just watched dispatches programme on Channel 4.

 

Apparently many of the Para Olympians will not qualify for Disabled Living Allowance. Basically unless you are paralysed from the neck down you are not considered to need any help.

 

ATOS and friends are making the decisions once again...

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No. Those who fail, go onto ESA which is limited for a year. After that they are transferred to JSA which results in pointless CV courses, job search, then work experience without pay.

 

---------- Post added 25-02-2013 at 22:14 ----------

 

 

While the appeal process takes place (which on average takes 6 months), benefit is reduced to £70 a week, the same as JSA.

 

Thanks Poppet :)

 

It's not plenty but £70 will just about feed and clothe someone. One of the comments in the link said theirs stops soon so I wondered if that was part of the reform.

 

Small mercies!

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1 out of every 5 assessed fit for work is overturned, so 4 in every 5 are not overturned. 80%

 

Bah that's a poor show we can easily get that to 100%.... it just means moving the goalposts a bit further to the right again.. :roll:

 

We can get a paralysed from the eyeballs down, drooling quadraplegic with chronic brain damage to do some kind of work. It all depends on where we set the bar as a supposedly civilised nation... and that bar keeps getting moved a little bit further out of reach.

 

Aside from which, just like the original 'assesment' the whole appeals system is stacked against the appellant, most of whom often don't have the capacity either mentally or physically to go through a prolonged appeals process that is designed to trip them at every hurdle. It's quite a statement that in the estimation of the CAB of those who actually seek professional help for an appeal almost 80% are sucessful.

 

Why should an appeal require 'professional help'?

 

CAB advisers helped with more than 97,000 ESA problems in the three months January to March 2012 - up 71 per cent compared with the same quarter last year, making ESA the fastest growing advice issue seen in bureaux.

In the same three month period, bureaux recorded an 82 per cent increase in advice about appeals against ESA decisions. Over a quarter of all advice given by bureaux about ESA concerns appeals. Latest official DWP figures say 32 per cent of appeals against an ESA decision are successful and CAB advisers estimate the success rate at appeal where someone receives specialist CAB advice and is represented is around 80 per cent.

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  • 1 month later...

TIME FOR THE DISABLED TO JOIN AS ONE AND BE HEARD PLEASE ADD YOUR FRIENDS AND ANY WHO WILL SUPPORT US

 

Group link - please copy and paste into address bar

facebook.com/groups/479586538776371/

 

THE MORE OF US THERE ARE THE BETTER ARE CHANCES AT MAKING A DIFFERENCE IN THIS COUNTRY AND AROUND THE WORLD

 

ALSO YOU WILL FIND ON THE FORUM:

 

PETITIONS:

 

  • ATOS TO BE REMOVED FROM DWP ASSESSMENTS AND INVESTIGATIONS INTO ATOS THE DWP AND GOVERNMENT
  • CAMERON & OSBORNE TO RESIGN
  • PETITION FROM THE DISABLED UK TO AMNESTY INTERNATIONAL THE MORE SIGNATURES WE GET THE BETTER RESPONSE WE WILL GET FROM THE MONTHLY AGM 13-14TH APRIL

 

EVENTS & CAMPAIGNS:

 

  • GIVE CAMERON THE SHIRT OFF YOUR BACK (MAY 31ST) A CAMPAIGN THAT YOU CAN TAKE PART IN FROM YOUR HOME WITH THE HELP OF A FRIEND.

 

ITS TIME TO BE COUNTED, TIME TO BE HEARD GET INVOLVED AND INVITE ALL THOSE WHO WILL SUPPORT OUR CAUSE!!!

 

AS INDIVIDUALS WE CAN BE HEARD BUT NOT ENOUGH TO MAKE A DIFFERENCE JOINED AS ONE VOICE WE WILL BE HEARD AND WE WILL MAKE A DIFFERENCE

 

TIME TO MAKE A DIFFERENCE TIME TO GET INVOLVED

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  • 1 month later...

i've had the dreaded esa50 form, as is my legal rights i have asked for:

1. A doctor who speaks good English

2. A home visit/

3. Also for my interview to be recorded.

 

The bit where it asks for a phone number, i have told them I only want contack by mail and scrubbed out the three section for numbers.

Today I send my form off, and wait in hope that all my demands are met. I will let you know what happens, but one thing I'd advise is don't give them a phone number, as they know it will be hard for you to record a call. Make sure you have a paper trail, and get them to put their lies into print.

 

---------- Post added 10-05-2013 at 16:23 ----------

 

lets be truthful why people are not appealing. there is around a 16 month waiting list, which is a very long wait. legal aid is no longer allowed to help people. people should appeal, but I can understand why so many don't. the tribunal is held in a magistrates court already making the appelant feel like a criminal. atos should be made to the pay the legal costs of any tribunal where there initial decission is overturned. i bet there'd be less mistakes then, anyone agree?

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---------- Post added 10-05-2013 at 16:23 ----------

 

[/color]lets be truthful why people are not appealing. there is around a 16 month waiting list, which is a very long wait. legal aid is no longer allowed to help people. people should appeal, but I can understand why so many don't. the tribunal is held in a magistrates court already making the appelant feel like a criminal. atos should be made to the pay the legal costs of any tribunal where there initial decission is overturned. i bet there'd be less mistakes then, anyone agree?

 

My dad was one disabled person who appealed. It took a year to go before the court who overturned ATOS and awarded him full ESA. It's now 9 weeks since that decision and he's not seen a single penny in payment however the temp payments they were paying him (70/week) ceased immediately.

 

ATOS/DWP are dragging their heels in sorting out the claim. It's digusting. And now with the emergency legistlation rushed/hushed through by IDS a few weeks ago (brought by the workfare debacle but covers ATOS too) there will be NO back-paid payments for those who's appeals are succesful.

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The important figure is the 80% that Atos say are fit for work that either don’t appeal or don’t win on appeal, thats a lot of people that were claiming that shouldn’t have been claiming.

 

Whether people are claiming when they shouldn't (or could work) is one thing. Putting genuinely mentally ill, and physically ill/disabled people through a potentially degrading and unnecessary exercise is another.

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