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TOPIC: Complaint to ATOS about HCP

Re:Complaint to ATOS about HCP 8 years 4 weeks ago #65319

  • Andy
Andy wrote:

... can't pay the money without entering an official decision which then would kick off all sorts of bureaucracy...

I meant "an official decision that you've been put in WRAG" (obviously?)

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Re:Complaint to ATOS about HCP 8 years 4 weeks ago #65320

  • RachelPotter
Hi Dave, if you have written confirmation that you are in the WRAG then I don't see how they are not paying you the correct amount.

Even if you haven't had a medical, the decision maker has decided which group you are in.

People being moved from IB to ESA are not all having an assessment, for example.

I do agree with Andy, your MP seems the best option and a letter/email to the select committee.

Wishing you all the best,
Rachel

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Re:Complaint to ATOS about HCP 8 years 4 weeks ago #65364

  • Dave
Hi

I have just finished a telephone call with somebody who has been given my case by my MP, and he is going to look into it for me, I wished him luck as I have not been able to speak to the same person twice, but he says he works from the top down, and will get access to my files.

Let's see what happens now, and I can concentrate on my operation, and getting better so I can get off this benefit. I did say to the guy that they have made a decision, and their saying I need a medical is not always the case, as they can use exceptional circumstances.

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Re:Complaint to ATOS about HCP 8 years 3 weeks ago #65881

  • Dave
I have officially heard back from DWP decision maker and they have confirmed I will remain on the assissment rate until I have another medical, which they will then decide if I should be back paid to Week 13. I also have a copy of the re-assessment by the ATOS doctor who states that it was clear in the medical that I could not stand for longer than 2 minutes, and the lower limbs descriptors need looking at, as well as the mental descriptors.

What I would like to know has anybody else heard of someone having their medical overturned by ATOS, and what happened to them, and also if anyone knows of any legislation which would cover this decision by DWP. I have a feeling they are making it up as they go along, but I feel by cancelling the appeal by DWP has taken away my democratic rights, as I know have nothing to appeal against until they review their decision.

What gets me is the letter which states they have changed their decision in my favour. Maybe it is me but I cannot see how this is in my favour as nothing has changed for me, other than I cannot go to court.

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Re:Complaint to ATOS about HCP 8 years 3 weeks ago #65889

Hi Dave

From what I can understand the decision has been changed in your favour but the DWP are refusing to pay.

Have you taken Crazydiamond's advice earlier in the thread regarding pursuing a claim for maladministration?

You can also complain to the Customer Services Manager. It's far better to correspond in writing as the DWP forget what they said as quickly as they said it!

Could your MP not help you with this?

Derek

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Re:Complaint to ATOS about HCP 8 years 3 weeks ago #65893

  • Gordon
  • Away
  • Posts: 45305
Dave

You can certainly persue this at your local CAB or Welfare Rights Office, however, I think you options are limited.

This is my understanding of the situation.

To grant or deny an ESA claim there has to be a medical assessment. Although you originally attended a medical, as a result of your complaint, this was classed as not fit for purpose and therefore in effect did not happen.

So a new medical has to be held to decide whether you are fit for work or not.

Your appeal was based on the original medical, but since that has been made null and void, your appeal is no longer valid and was cancelled.

Your original claim is still in effect, with the original application date, so on the assumption that you pass this new medical, then the payments should be backdated to these dates.

The confusion arose, because you were told that you were placed in the WRAG but were not going to be paid for it.

What you should be looking at is compensation for any financial hardship you have suffered as a result of this situation, see www.dwp.gov.uk/docs/financial-redress-for-maladministration.pdf

Gordon

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