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Rogue ATOS Medicals can you get them removed?
- CJL777
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9 years 11 months ago - 9 years 11 months ago #122248 by CJL777
Rogue ATOS Medicals can you get them removed? was created by CJL777
I now have two what I call rogue ATOS medicals on my records one for DLA and one for ESA. The DLA one has been proved to be wrong with evidence from several medical sources, the ESA one the person described in the report bears no resemblance to me. I have tried with the ESA one to get it removed or blocked and used all routes of complaint to no avail. The DLA one is newer and only today the letter arrived proving this is being used over and above all other medical evidence. I also have proof that the DLA and ESA are sharing and referring to both these ATOS medical for all the decision that have made about my case even though this is against the rules
I need to know if there is anyway to get these report removed from my records or at least blocked from being used, why is there no system for this, there seems to be not route of recourse once they are on your record they are there once an for all and are used even after being proved wrong surely this can't be right I I can't be the only one that is suffering because of this. Are ATOS all powerful with no way to hold them to account for what they put on people records?
I need to know if there is anyway to get these report removed from my records or at least blocked from being used, why is there no system for this, there seems to be not route of recourse once they are on your record they are there once an for all and are used even after being proved wrong surely this can't be right I I can't be the only one that is suffering because of this. Are ATOS all powerful with no way to hold them to account for what they put on people records?
Last edit: 9 years 11 months ago by Gordon.
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9 years 11 months ago #122253 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Rogue ATOS Medicals can you get them removed?
CJL777
I am afraid you are unlikely to be successful.
For a report to be "removed" it must be deemed as unfit for purpose by either ATOS or the DWP, if you have already followed the complaints processes to completion and this has not happened, then there is little else that you can do, there are further levels of complaint which might overturn the reports but they are long winded and will make no difference to your immediate circumstances.
It is unfortunately legal for the DWP to use an ESA report in regard to a DLA claim, providing the usage can be shown to be reasonable.
You don't say what other actions you have taken in regard to your ESA and DLA claims. Tribunals tend to take a wider view of the assessment reports and place less weight on them than the DWP do, although they are still considered to be a major part of the evidence. We regularly see members winning at Tribunal despite there being an adverse medical report which they have not been able to "remove".
Gordon
I am afraid you are unlikely to be successful.
For a report to be "removed" it must be deemed as unfit for purpose by either ATOS or the DWP, if you have already followed the complaints processes to completion and this has not happened, then there is little else that you can do, there are further levels of complaint which might overturn the reports but they are long winded and will make no difference to your immediate circumstances.
It is unfortunately legal for the DWP to use an ESA report in regard to a DLA claim, providing the usage can be shown to be reasonable.
You don't say what other actions you have taken in regard to your ESA and DLA claims. Tribunals tend to take a wider view of the assessment reports and place less weight on them than the DWP do, although they are still considered to be a major part of the evidence. We regularly see members winning at Tribunal despite there being an adverse medical report which they have not been able to "remove".
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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