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TOPIC: If ATOS say 3 months

Re:If ATOS say 3 months 7 years 8 months ago #66087

Fedup wrote:

I have read and re-read this post and to be honest, I still don't get it!

I'm not usually this dim!

Ah....is it because the HCP doesn't award the points but the DM?

ie; even if the HCP says back to work in 6 months but you don't get awarded 15 points by the DM....it's nul and void?

Yes?

Hi Rachel

Unless anyone can see a flaw in my logic, if you have an ESA85 where you score zero points (or less than 15) but the prognosis is a return to work can be considered in 3 months, the report is advising the decision maker that you fail the WCA (by a million miles if you score 0 points) but a return to work can be considered in another three months.

I would surmise that this is because it would not be appropriate to consider returning to work before three months because you are not ready for work at present and therefore unfit for work.

On the face of it, it is an admission that you can be unfit for work and score zero points. Personally, if I was appealing a decision based on such a medical report I would use the prognosis to support an argument that I satisfy the exceptional circumstances; but I wouldn't hold much confidence.

Regards

Derek

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Last edit: by Derek4. Reason: correction

Re:If ATOS say 3 months 7 years 8 months ago #66089

  • RachelPotter
That's two very interesting points Derek, thankyou!

Just speculating on all angles of what may happen at my next assessment/ what happened at my last.

Much appreciated,
Rachel :)

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