Successful ESA appeal – Clients scores nil on ATOS medical but 16 on appeal

ATOS assessments are used to assess and often refuse applicants entitlement to benefits. A client who had been refused ESA after a medical assessment by ATOS approached Moss & Co. She was told that, despite her physical health problems,  she had scored nil on the eligibility descriptors and was fit for work. The report said that she did not meet any of the relevant criteria to be entitled to ESA.

Moss & Co lodged an initial review for the client, so that her benefit entitlement would re start while a decision was being made. The review was refused and an appeal lodged with the Lower Tribunal.

Moss & Co gathered information about her health conditions and about how her conditions resulted in her meeting the criteria for eligibility set out in Social Security Legislation including medical records and a report from the clients GP.  Moss & Co drafted long submissions on fact and law for the client and provided her with advice and instructions about the format of the hearing at the lower tribunal.

Based on the submissions and the medical information the Appeal was successful.  The Tribunal’s decision was to award the client a total of 16 points which entitled her to Employment and Support Allowance.

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