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ESA TIER 3 INDEPENDENT MEDICAL REPORT COMPLAINT

  • rab1000
  • Topic Author
13 years 7 months ago #26875 by rab1000
My ESA 85 Medical Assessment complaint has finally been reviewed by Tier 3 Independent Complaints Panel
The process comprises
- Independent Medical Practioner Report -
"Professional" selected by Atos Healtcare - still
has my medication wrong despite numerous GMC
registered Consultants Pyschiatrist reports that
I have submitted to Atos Healthcare
- Tier 3 Independent Panel Review - Convenor to Tier
3 Independent Panel is an Atos Healthcare who
"selects" the documentation submitted to the
Tier 3 Independent Panel - vital evidence not
referred to in their report

CAN I COMPLAIN AND HAVE THE REPORTS ASSESSED BY AN
INDEPENDENT PROFESSIONAL BODY? ANY ADVISE?
RAB1000 :unsure:

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 7 months ago #26919 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:ESA TIER 3 INDEPENDENT MEDICAL REPORT COMPLAINT
Hi,

Whilst ATOS have their own appeals procedure, can I ask why you haven't appealed to the Tribunals Service (TS) to appeal your refusal of ESA.

The TS is totally independent of ATOS and the DWP, and this is the usual route
that claimants take to appeal the refusal of a benefit. However, normally this has to be done within a month of receiving a decision from a DWP Decision Maker, although it is possible to have this period extended.

I suggest you contact Community Legal Advice and ask them for advice from an adviser in your local area.

Good luck.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • rab1000
  • Topic Author
13 years 7 months ago #26930 by rab1000
Dear Jim,
Atos Healthcare awarded me 0 points at ESA 85 in Jan 2010. My case was reviewed by Tribunal Panel in August 2010 - awarded ESA together with 21 points. Following the recent release of my data held on DWP files I have realised DWP were plotting to slip in a second ESA 85 before the Tribunal Appeal hearing!!
Independent Case Examiner investigating DWP for maladministration.
How do I escalate Tier 3 Medical Independent Panel Complaint?
DWP or maybe MP
Regards
RAB1000

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