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The court decision stated that they are entitled to benefit but payments will now have to come under the new ESA benefit not income support as a result of Government policy to wrap all benefits under one heading. I understand that the company, ATOS Healthcare, that is handling these type of changes is behind schedule and are withdrawing from their contract . I am not sure if this action is why benefits have not been received. Having spoken to ATOS generally they stated that they do not make the decisions they only consider the health aspects. It is the DWP who are the decision makers which is partly based on medical issues. My friend wrote to ATOS on 29 July 2014 but no answer to date. The process appears to be going round in circles and getting no where. A letter was written to the local MP but he is currenly on holiday and the response from his secretary said contact Citizens Advice. Actions/ decisions appear to be going round in circles and my friend is suffering.
Have you sought a Judicial Review of their decision?
No. How do they go about that ?
You need to see a Solicitor for this.
A Judicial Review or JR is where a High Court Judge considers the actions of a government department and sees whether they are legal and reasonable.
A Judge can agree with the decision or remit it back for further considetation.
You may get legal aid for this depending on your circumstances.
To find a local Solicitor who may be able to help please go to:
Can I clarify anything else for you about this today please?
My friend had asked if there are any other methods of approach such as appealing to the Courts of Human Rights or through the Omnibus process.
Sadly not, if there has been an appeal, it must now go to Judicial Review
Does that clarify the position?
Yes. Thank you for the clarification and notification of the process that now needs to be follwed.