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niki_s_uk
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10 years 3 months ago - 10 years 3 months ago #116640 by niki_s_uk

Confused .. was created by niki_s_uk

Hi

I submitted my IB to ESA forms back in August 2013 and have recently been to a medical arranged by ATOS.

I'm confused though as the Dr (I presume they are all Dr's) was lovely and read the report my GP had given me. He then asked me a few questions about my complaints and asked me to do a few (but nowhere near as many) movements/examinations as I thought I would be subjected to.

I did ask about when to expect the decision and was told that it goes back to ATOS to decide - I thought that was the whole point of the Dr ??

So based on everyone elses experiences and my own in previous DLA appeals (being in front of the bulldogs chewing wasps) I'm very confused - or are there some sympathetic ATOS Dr's out there?

Also - is it correct that being on Morphine means that a patient has to be passed to a qualified health practitioner to make the decision as to whether or not a face to face interview is required and that the person could request the name of the health practitioner to establish whether they are qualified to give an opinion?

I read the above on another page on the internet but wasn't sure if it was correct or ??

Thanks

Last edit: 10 years 3 months ago by . Reason: Tick.

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Gordon
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10 years 3 months ago #116643 by Gordon

Replied by Gordon on topic Confused ..

Niki

Statistically the majority of ESA assessments are carried out in a professional manner and result in the correct award being made, unfortunately there is no way to know on the day whether you fall in this group or the significant minority where there are issues with the process.

ATOS make a recommendation to the DWP as to the Descriptors that the claimant meets, it is down to the DWP Decision Maker to actually make an award or not, in the vast majority of cases they follow the ATOS advice, but we do regularly see a different Decision being made and in both directions.

Whilst it is apparently detailed in the DWP/ATOS contract what conditions should be seen by a doctor, there is no legal requirement for ATOS to follow this "advice", I have to say that I am not aware of a requirement for this to happen just because the claimant is on morphine.

To be clear all ATOS assessors have passed the required Disability Assessment tests set by the DWP, so all are "qualified", that of course does not mean that you cannot argue that they are not, for example; does a Physiotherapist have the necessary experience to assess someone with Mental Health problems?

Gordon

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

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niki_s_uk
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10 years 3 months ago #116647 by niki_s_uk

Replied by niki_s_uk on topic Confused ..

Hi Gordon

Thanks for your reply.

I honestly thought I was going to be in for the spanish inquisition but I am really pleased I left there actually feeling relieved - although I can't actually be 'comfortable' until I receive their decision, but the Dr/Healthcare Professional I saw asked to keep my report from the GP to forward on to them as he said it would help.

As I say I read it on the internet here: www.whywaitforever.com/dwpatos.html about the morphine but whether its right or wrong I had no idea as I know you can't always rely on what you read online :)

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