Monday, 13 February 2012

WHAT TO DO IF YOU 'FAIL' YOUR WORK CAPABILITY ASSESSMENT


When you first receive the results of your ATOS W.C.A and it is a fail, the first thing that many do, as they are panicked and desperate, as they have had their money stopped, is to panic and phone the Job Centre Plus and ask about signing on for Jobseekers Allowance, which is what they want you to do, but there is an alternative and that is by asking for a Reconsideration and/or Appeal.
How to request reconsideration/Appeal

Many claimants have found they have scored “0” points in their W.C.A. and thus their benefits have been suspended. As the suspension notice usually arrives on or after the claimants usual pay day, panic ensues, followed by a call to Job Centre Plus and advice from Job Centre Plus to sign on for Job Seekers Allowance.

This is not necessarily the case, there is another option, one which will give you some money whilst you seek reconsideration and/or Appeal.  If you request an Appeal without requesting a reconsideration the DWP will automatically carry out a reconsideration and if the decision is not changed you do not then need to request an appeal as this is already registered.

Note, as soon as you know you have not scored sufficient points it is essential to contact your local C.A.B. or Local Authority welfare rights office, or other advice agency and request assistance from them. They are under severe pressure at the moment so get your request in quickly.  You can also contact the Crutch Collective for help.

What is the difference between reconsideration and an appeal?

Reconsideration: - When a Job Centre Plus Decision Maker looks again at the ATOS Health Care Professional's report or any new evidence you or your Doctors, specialists etc. provide.

Appeal:- When your case has been reconsidered by the Job Centre Plus Decision Maker and the decision is not changed then it goes to a Tribunal (this is sometimes called a first tier appeal).

What to do:

When you receive notice of your suspension due to scoring insufficient points to retain your benefits do the following:

Make sure you have a pen and paper in a convenient and comfortable spot near to your phone before you begin.

Call Job Centre Plus (or ask a carer or friend to this for you), ask the person you speak to for their name and contact number.

Go on to request a GL24 form and a copy of the ESA85 assessors report.

Tell the Job Centre Plus operative you will be seeking reconsideration and you wish to be put on the “Assessment Rate” during the appeals process.

The Job Centre Plus staff member may be evasive, say they haven't got access to your ESA85, but be polite and persistent, (they have it, they need it to make their decision), ask to speak to a more senior person and continue until they agree to what you are asking, including putting you on the Assessment Rate.

The Assessment Rate is the same as Job Seekers Allowance and allows you to retain any other help with rent and council tax you were receiving prior to your benefit suspension.

When you have the GL24 and ESA85 (These may not arrive at the same time with the ESA 85 may arrive weeks after the GL24 – Fill in the GL24 immediately)

Make a copy of the ESA85.

Read through the document carefully, you may have to pause during this part of the process as it can be quite frustrating to find out what has been written about you. If you find this difficult get someone you know and trust to help you.

Highlight every piece of information you consider to be:

·        Inaccurate

·        Assumed

·        Untrue

In this order, using a different coloured marker helps.

If you are going to dispute a descriptor it is essential you provide supporting evidence from your own Health Care Professional as the Tribunal will accept the word of the ATOS Health Care Professional if you do not do so.

Next, deal with one set of descriptors at a time. Write out the descriptor you are disputing, next to it say why, then indicate what evidence you have to support your challenge.

By the time you have completed this exercise you may have received the result of the reconsideration, if the outcome is positive then you have no need to go any further, if it is negative the Decision Maker will inform you if they think your case can go forward to the first tier tribunal and you should continue checking and double checking your ESA85 form for errors in preparation for your appeal.

Contact us for advice if you need to carry on to the next stage of the appeal process – how to prepare for an ESA Tribunial Hearing (this advice is also available on our website). There is also a – At the Tribunial Hearing - guide available.

WHAT TO DO IF YOU IF YOU ARE PLACED IN A WORK RELATED ACTIVITY GROUP

You may be placed in a WRAG if it is thought you can return to work within a matter of months.

The amount of benefit you receive will not be affected at first.

You will be invited to attend regular interviews to find ways to 'help' you back to work.

You will be informed that if you do not attend the interviews your benefits may be affected.

Contact Job Centre Plus and ask them what points you were awarded during the WCA.

Ask to see your report.

Ask for an appeal form.

These enquiries alone may be sufficient for the Decision Maker to find in your favour and place you in the Employment Support Allowance Support Group where no back to work interviews are required and the amount of benefits you receive may increase.




Wednesday, 28 December 2011

Atos Cancel Christmas

There was a cheerier scene with more people outside the more central Atos offices later. We sang Slow Down Ye Frantic Shoppers, Uh Oh We're In The Red Dear, Profits Here Profits There Profits Everywhere, Slaving In A Sweatshop Wonderland, Hark The Sheriff's At The Door and Oh Come All Ye Shoppers.

Wednesday, 14 December 2011

Anti-Capitalist Carol Singing outside Atos Part 2 Glasgow Fri. 16th Dec. 5pm

Anti-Capitalist Carol Singing outside Atos Part 2 Glasgow

Friday 16th December
17:00 until 18:00

Outside Atos Offices, Ca'D'Oro Building, 45 Gordon Street, Glasgow, G1 3PE

We have confirmed some anti-capitalist carol singers! Please join us.
*Please note this event is in addition to the leafleting session outside the Atos Medical Assessment Centre at 13.30:

http://www.facebook.com/events/243943635673280/

This event is outside the Atos offices next to the Co-Op Supermarket at the corner of Union Street and Gordon Street near Central Station with lots of passing commuters and shoppers.*

Facebook Event Page Part 2:

http://www.facebook.com/events/263534123702031/

Tuesday, 13 December 2011

BAH HUMBUG ! ATOS CANCEL CHRISTMAS

 
Anti-Atos Leafleting plus giving claimants advice on appeals and what to do during benefits medical assessments.

Friday, 16 December 2011.

13:30 until 14:30.

Atos Medical Assessment Centre, Corunna House, 29 Cadogan Street, Glasgow G2 7AB.

Contact us if you want to take part in anti-capitalist carol singing.

thecrutchcollective@gmail.com

http://www.facebook.com/pages/The-Crutch-Collective/132893236781931

Atos have cancelled Christmas for thousands of sick and disabled people by cutting sickness benefits on behalf of the government to cut the public debt. The most vulnerable in society have been made to pay for the greed of bankers and the inevitable booms and busts of captitalist economics.

The Atos computer based assessment does not work, particularly for people with multiple health issues.

Most people who appeal through an advice centre against losing sickness benefits win their appeal. A system designed to cut the public debt has now cost the public an additional £80 million to process appeals. Profits are privatised and debts are socialised.

Facebook Event Page:

http://www.facebook.com/home.php#!/events/243943635673280/

Sunday, 25 September 2011

National Day of Action Against Atos Glasgow 30th Sept. 1.30pm

Friday 30th September · 1:30pm - 2:30pm

Atos Medical Assessment Centre, Corunna House.
29 Cadogan Street, G2 7RD
Glasgow, United Kingdom

We will be handing out leaflets to those attending sickness assessments on how to deal with the medical. We will be giving advice on how to appeal against being turned down for Employment Support Allowance with the aim of reducing the profit Atos makes from forcing sick and disabled claimants off benefits. We will also be leafleting workers on their lunchbeak in nearby offices to publicise how Atos and the government are cutting benefits to pay for the greed of bankers and the inevitable booms and busts of capitalist economics. We have no illusions that the sickness assessment system was fair or humane under a Labour government or when it it was run by the DWP. There is only one reason for wanting the assessment system to be run by a public body - at least some corporation isn't making a profit from the misery of the sick and disabled. In the long-term we aim to live in a society based on the principle, 'from each according to their ability, to each according to their need'.

There may be some tea and nice biscuits.

If anyone wants to discuss what we are doing we can be available at the STUC building, 333 Woodlands Road, Glasgow G3 6NG on Thursday 29th September between 5.30pm and 8.30pm while we finish our new banner.

¡Venceremos!

We Will Win!

Not even the wrong medication can stop us now!

The Crutch Collective
thecrutchcollective@gmail.com
http://www.facebook.com/home.php#!/pages/The-Crutch-Collective/132893236781931

Facebook event page:  http://www.facebook.com/event.php?eid=254020014634126&ref=mf
Modify message

Wednesday, 21 September 2011

Anti-Atos Banner Making And Meeting

Thursday 22nd September
5.30pm-8.30pm

STUC,
333 Woodlands Road,
Glasgow G3 6NG

The next National Day Of Action Against Atos event will happen in Glasgow on Friday 30th September between 1.30pm and 2.30pm outside the Atos Medical Assessment Centre, Corunna House, 29 Cadogan Street, G2 7RD.

We will be handing out leaflets to those attending sickness assessments on how to deal with the medical. We will be giving advice on how to appeal against being turned down for Employment Support Allowance with the aim of reducing the profit Atos makes from forcing sick and disabled claimants off benefits. We will also be leafleting workers on their lunchbeak in nearby offices to publicise how Atos and the government are cutting benefits to pay for the greed of bankers and the inevitable booms and busts of capitalist economics.

We need a new banner for the leafleting sessions, so please come along this Thursday and help out and bring new ideas for fighting Atos.

The Crutch Collective

Facebook event page: http://www.facebook.com/home.php#!/event.php?eid=285154621495028