Timescales between ESA tribunal win and repeat ATOS medical requested by DWP please. Also statistics on finacial support for ESA decision appellants please

Mrs Hammond made this Freedom of Information request to Department for Work and Pensions

Department for Work and Pensions did not have the information requested.

From: Mrs Hammond

21 October 2010

Dear Department for Work and Pensions,

Please supply statistics on the number of INCOME BASED ESA
claimants (both as a total number and also as a percentage of all
claimants) who have been refused any further financial support
following a second ATOS medical assessment in cases where they have
won an appeal at a tribunal in the existing claim. To clarify the
cases I am specifically interested in is where a claimant has been
refused ESA, apppealed, and then been awarded ESA by a tribunal,
and where the DWP has followed this up with a second medical
assessment and refused ESA and refused to make any further payments
whilst the claimant goes through a repeat appeal process.

Please also supply statistics on the shortest time in days, (and
for completeness the longest and average times) between a claimant
winning an ESA appeal at tribunal and being subjected to a second
ATOS medical assessment.

DWP states this it is within the current legislation to refuse
continued payment during a repeat appeal process. Please could you
supply a copy of the exact clause which permits the DWP to refuse
any financial support for previously successful tribunal winner
under these circumstances.

As a specific example: A claimant fails an ATOS medical and appeals
and wins at tribunal so is awarded ESA, DWP request a new medical
which the claimant fails as in the first due to the fact that the
criteria do not cover complex medical issues. This means no further
payments are required to made by DWP even if the claimant appeals
this second decision for the same reasons as the first.

Yours faithfully,

Mrs Hammond

Link to this

From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions

21 October 2010

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within the
Department who will respond to you direct.

Should you also have any further queries in connection with this request
do please contact us.

For further information on the Freedom of Information Act within DWP
please click on the link below.

[1]http://www.dwp.gov.uk/freedom-of-informa...

show quoted sections

References

Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...

Link to this

From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions

5 November 2010


Attachment FoI 2884 05.11.10.doc
43K Download View as HTML


Dear Mrs Hammond

Please see attached response to your FoI request.

Kind regards

Central FoI Team

show quoted sections

Link to this

Mrs Hammond left an annotation ( 9 November 2010)

Quote-marks DWP State this situation would not happen. However finding myself in exactly that situation I disagree. DWP state statistics between medical and tribunal are not available. I actually asked for time between winning tribunal and request of new medical which is not the same thing. DWP have rearranged the wording of the request.

Link to this

SusanWright left an annotation ( 6 November 2012)

Quote-marks The exact same thing has happened to my daughter. She was six months waiting for her tribunal, and now six months later she has been asked to attend another medical, the very day after she is attending an assessment for autism.
soo_uk_2000@yahoo.co.uk

Link to this

Things to do with this request

Anyone:
Department for Work and Pensions only:

Follow this request

There is 1 person following this request

Offensive? Unsuitable?

Requests for personal information and vexatious requests are not considered valid for FOI purposes (read more).

If you believe this request is not suitable, you can report it for attention by the site administrators

Report this request

Act on what you've learnt

Similar requests

More similar requests

Event history details

Are you the owner of any commercial copyright on this page?