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Atos medical despite serious mental/physical ill

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8 years 3 months ago #147760 by Gordon
Cat

Even though you asked for evidence from your previous claims to be used as part of the assessment, the assessor and the DWP are not required to actually do this and in most cases do not, so you might want to expand your request to include all of the evidence used by the Decision Maker, this may require a Subject Access Request

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Your advocate should be able to help you with this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 3 months ago #147768 by Cat
Thank you very much again, Gordon. Much appreciate advice and links. On reading, it says it could take 40 days for them to send the information, albeit free, so if I first go ahead with the request letter, and then include in the mandatory reconsideration letter that I've already requested all information, then at least they'll know it's on the way, plus that appealing is very likely if needed.

Thanks again.

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8 years 3 months ago #147773 by Gordon

Cat wrote: Thank you very much again, Gordon. Much appreciate advice and links. On reading, it says it could take 40 days for them to send the information, albeit free, so if I first go ahead with the request letter, and then include in the mandatory reconsideration letter that I've already requested all information, then at least they'll know it's on the way, plus that appealing is very likely if needed.

Thanks again.


They are usually much faster than the 40 calendar days, if you have to go to appeal, then the DWP submission will contain all of these documents as well.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Cat

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8 years 3 months ago #147880 by Cat
Thank you Gordon. Good to know the documents could come through sooner, and that I can work with them now. Them simply looking at what they already on file I think would have entirely changed the outcome now, so hopefully drawing their attention to that now can bring a positive outcome earlier.

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8 years 3 months ago #148068 by Cat
My advocate has arranged a welfare rights appt for next Thursday; I hadn't known she was doing that, but it turns out I'll be able to show my draft of the mandatory reconsideration letter, so that's something good.

I have had to arrange a gp appt for Tuesday, after noticing in the dwp's decision that they said they'd contacted my gp and basically inferred the gp had said there's nothing wrong with me/no disability. My previous gp surgery were supportive, and there has never been DLA refused, for years. I was shifted to Support group ESA very easily indeed also. .

I was put through to the administrator at the gp surgery, and asked her if the dwp had contacted the surgery ... yes, at the beginning of December. I asked if she could tell me which gp dealt with that ... not the GP I'd stated on my form could be contacted, but the one I had problems with last year (he basically told me to sort myself out, recommended that I could trust his monstrous psychiatrist friend, who misdiagnosed me, and then didn't like me having any complaint about that and was going on about 'are we not friends now?' and that my attitude was 'off'. The only positive outcome was that he had to refer me for a second opinion, due to NHS Direct saying I must insist on that]. This GP has clearly not read my records at all, and not been interested to do so, and is being deeply neglectful about very obviously serious issues. I immediately asked if I can have an appointment with him, near to the one I'd already made. That was possible, and I could only do that knowing my advocate is going to be there.

I'm unsure what the forms the dwp send ask, so may I please ask what is involved. Surely there is space for a gp to write supportively, rather than just tick certain answers? And surely the GP I stated on the form should have been the one contacted?

I'm collecting a copy of my records on Tuesday, for £10, and will tell the GP I'm sending for the dwp's information on me, so he knows there is no point in lying. I can't go in all guns blazing, but do feel it is wise to take things further if it is clear that neglect or awkwardness was the cause of me not being at all represented by the gp surgery. This GP is the clinical director, so I have been surprised at every stage regarding his attitude. I can't believe how much the last 2 years has been about having to deal with this kind of thing, with the mental health services being so diabolical as well [ongoing]. The gp surgery have been absolutely no help, despite me writing a letter a few months ago detailing a lot. This may not be this forum's remit, and I apologise if it's not, but I imagine I would have grounds to move surgeries in the light of everything I'm saying?

It's probably a mixture of an awkward unsupportive GP and the dwp not giving a damn, having not listened to even one thing I said or noticed anything obviously wrong, but I would really appreciate advice so I can go in as clear and level-headed as I can. I don't know what I'd do without this forum, that's for sure. Really appreciate.

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8 years 3 months ago #148101 by Gordon
Cat

You may struggle to refute this GP's letter without a rebuttal letter from another GP at the same surgery, the DWP will take the view that even though this GP was not your normal one, they had access to your medical records and that they therefore would have been able to write a letter, reflective of your problems.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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