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TOPIC: Complaint to ATOS about HCP

Complaint to ATOS about HCP 7 years 10 months ago #60633

  • Dave
Like many others when I received my results from DWP after my medical, I wondered if they had mixed them up with someone else, as most of it was incorrect, and some downright untruths. As I had just had a heart op I was not upto complaining initially, but once I had started to recover I decided to complain to ATOS about the HCP (I did not think I would get anywhere), but surprise I have just received there response and another Doctor has looked at it and has dismissed it as incomplete and unjustified. They have apologised and are sending their findings to the DWP. As I am awaiting my appeal it will be interesting to find out what happens next. I am expecting another medical, but I more clued up now thanks to your site.

If others feel they have been misquoted or the HCP was not listening it looks like it could pay to complain. I am not sure what happens next but their medical report will not stand up at the tribunal, I do know that.

Has anybody else complained and won, and what happened next? Feels good at the moment, but not expecting it to last.

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Last edit: by Derek4. Reason: legal

Re:Complaint to ATOS about HCP 7 years 10 months ago #60638

Hi Dave

Well done for having your complaint upheld. I agree with you at everyone who has been unfairly treated by Atos should complain, if they still have the energy.

The DWP may add the results of the complaint to the appeal papers in which case you will receive a copy to add to your appeal bundle. If they don't you can send a copy to the tribunal for them to consider in advance of your hearing.

Good luck

Derek

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Re:Complaint to ATOS about HCP 7 years 9 months ago #64674

  • Dave
I have just heard from the DWP who now say I have limited capability for work back dated to the 9/2/11, and they are cancelling the appeal which was due on the 22/8/11.

Initially I thought great, but could not find what rate I was on. I have been informed by DWP that I stay on the basic rate until I have another medical (they have already sent the ESA50 form)so once again I am having to appeal their decision as a medical now would not show how I was back in January, as I was waiting for a heart op at the time as I had unstable Angina. As I have proved the decision was wrong in January.

Are they trying to make us all insane as I don't know how much more of this I can take. I have improved since January, but have new problems now I just think this is completely unfair, and they should not have cancelled the appeal if they were not going to grant me at the the WRAG status. :(

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Re:Complaint to ATOS about HCP 7 years 9 months ago #64677

Hi Dave

When you say the 'basic rate' do you mean the assessment rate?

If the decision has been revised and you have limited capacity for work you should receive the work-related activity component until you are reassessed.

Regards

Derek

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Re:Complaint to ATOS about HCP 7 years 9 months ago #64680

  • Dave
That's what I thought, but have just rang DWP as nobody could give an answer to previous calls in the week as nothing on file. I was told I would carry on receiving the 67.50 a week until they make a decision after my medical, I have asked them to put this in writing and to send me a form to appeal their decision, which they are doing so I could have 2 appeals going eventually after I have results of next medical.

It just doesn't feel fair, as they are telling me they have changed their decision of the 9/2/11, but I will not get any extra money. I am due back in hospital next week for another op (which has to be by epidural only, as they cannot give me a general because of the condition of my heart/lungs)
what more can I say about my health.

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Re:Complaint to ATOS about HCP 7 years 9 months ago #64683

Dave

Sounds like the DWP want to have their cake and to eat it too.

Was the statement that you had Limited Capability for Work in writing? You can't have LCW and not be paid for it!

Based on your previous posts, it appeared that the original medical was overturned on complaint. As no effective medical had been carried out, there could be no determination of whether you had Limited Capability for Work until a new medical was held.

From a procedural perspective this is what I would have expected to happen.

However, if the DWP are now saying you have Limited Capability for Work, a Decision must have been made, and this must have used some form of medical report from ATOS. So do you know if the second ATOS "doctor" revised the original report after declaring it incomplete?

Unfortunately we can;t advise which of these sceanrios is correct, just that they would appear to mutually exclusive.

With regard to the appeal, two points; if the DWP Revise a Decision, they are entitled to cancel any appeal based on it. Secondly, if the first scenarion is correct, that no effective medical has taken place, then you cannot appeal, as no Decision can have been made.

I hope some of this makes sense :)

Gordon

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