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TOPIC: Complaint to ATOS about HCP

Re:Complaint to ATOS about HCP 8 years 4 weeks ago #65915

Dave wrote:

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.


When you heard from the DWP did they communicate the information to you by telephone? If so, demand that their explanation is put in writing and ask them to reinstate your appeal.

The DWP have no right to cancel an appeal where the decision as in your case is disadvantageous to the claimant. To do so is a breach of your statutory right of appeal, and therefore it is unlawful. As well as enlisting the help of your MP and seeking financial redress for maladministration, you can ask your MP to refer your case to the Parliamentary Ombudsman or you can refer the case yourself to the Independent Case Examiner to consider your complaint.

It would also be in your interests because of the appalling manner in which your case has been handled, to make a formal complaint to the chief executive of Jobcentreplus who is Darra Singh and is based at the Departmental Secretariat, 4th Floor, Caxton House, 6-12 Tothill Street, London, SW1H 9NA.

You will need to exhaust the DWP internal complaints procedures first, which includes involving the CEO of Jobcentreplus, before the Parliamentary Ombudsman and/or the Independent Case Examiner can intervene on your behalf.

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

Re:Complaint to ATOS about HCP 8 years 4 weeks ago #65919

Dave

As you can see from our replies there appear to be several scenarios, none of which fully fit with what is happening with you claim.

What we do agree on in that you should not have been placed in this situation in the first place.

A couple of questions, if you'll bear with us :)

You mentioned a Tribunal date of 22/08/11, was this an actual date or an expected date for a hearing?

Have you requested a statement of reason (ESA65) from the apparently revised decision that you had LCW.

Thanks

Gordon

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

Re:Complaint to ATOS about HCP 8 years 4 weeks ago #65974

  • pendle
Hello

It was interesting to read what has happened. I'm going about my complaint the wrong way round by the looks of it.

I didn't want to make a complaint about the HCP because I didn't want it to affect my appeal. Now my appeal has been heard and I'm on the increased rate and in the work support group, I want to go ahead.

There are several areas in the report where the HCP has either made a genuine mistake or doing as has been reported, trying to get as many people onto JSA as possible. However, I've got proofs by way of medical reports which were submitted and also I recorded my assessment. Are ATOS likely investigate my complaint now that my case is over now?

Pendle

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Re:Complaint to ATOS about HCP 8 years 4 weeks ago #65975

  • pete17971
pendle wrote:

Hello

It was interesting to read what has happened. I'm going about my complaint the wrong way round by the looks of it.

I didn't want to make a complaint about the HCP because I didn't want it to affect my appeal. Now my appeal has been heard and I'm on the increased rate and in the work support group, I want to go ahead.

There are several areas in the report where the HCP has either made a genuine mistake or doing as has been reported, trying to get as many people onto JSA as possible. However, I've got proofs by way of medical reports which were submitted and also I recorded my assessment. Are ATOS likely investigate my complaint now that my case is over now?

Pendle


Hi,

It dorsn't matter when (or at which point in the process) you complaint was made. It should still be properly investigated.

Pete

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Re:Complaint to ATOS about HCP 8 years 4 weeks ago #65982

Hi Pendle

The only problem with complaining after the hearing is that if the appeal had been disallowed I suspect Atos would take the attitude that it's 'sour grapes' although they would still have to investigate and justify, but fortunately that situation does not apply in your case.

Good luck with your complaint

Derek

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Re:Complaint to ATOS about HCP 8 years 4 weeks ago #65990

Sorry it has not been possible to publish your post.

Please see www.benefitsandwork.co.uk/faq/forum-faq#deleted

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Last edit: by pete17971.
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