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ESA, ATOS and Decision Makers

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12 years 5 months ago #72169 by izzy
ESA, ATOS and Decision Makers was created by izzy
Ok, I'm currently in discussion with DWP over my son being placed in WRAG and the outstanding errors in the ATOS medical form. (They cancelled the actual medical)

Did you know that all the medical evidence that the claimant lodges with the ESA 50 is kept back by ATOS and the Decision Maker only gets to see the ATOS medical form and the ESA 50. This is outrageous. What do you think?


Izzy

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  • paula
12 years 5 months ago #72173 by paula
Replied by paula on topic Re:ESA, ATOS and Decision Makers
when my friend sent her form back last week, she sent a copy of her questionnaire and a copy of the evidence sent to the decision maker at the local benefits office, obviously atos got the orginial but she sent it to the decision maker too. Be interesting to see what happens. Wish you luck if you are appealing, atos ignore all the evidence you send with the questionnaire anyway, but i thought the decision maker had to take eveything into consideration when making a decision or am i wrong. Could that be an arguement then that they did not take the supporting evidence into consideration when making their decision?

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12 years 5 months ago #72174 by Gordon
Replied by Gordon on topic Re:ESA, ATOS and Decision Makers
izzy wrote:

Ok, I'm currently in discussion with DWP over my son being placed in WRAG and the outstanding errors in the ATOS medical form. (They cancelled the actual medical)

Did you know that all the medical evidence that the claimant lodges with the ESA 50 is kept back by ATOS and the Decision Maker only gets to see the ATOS medical form and the ESA 50. This is outrageous. What do you think?

This is not standard practice. The Decision Maker should receive all of the information supplied with your ESA50.

Can I ask how you know that the additional information was not passed to the DM?

Has your son been placed in the WRAG and you think he should be in the Support Group? Or, has he been found Fit for Work?

Gordon

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

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12 years 5 months ago #72176 by izzy
Replied by izzy on topic Re:ESA, ATOS and Decision Makers
It looks like you are wrong, the decision maker I talked to admitted that in my review request letter I had asked him to look at one of my son's diagnosis letters but he did not have access to that letter or any of the 5 that I had sent in but he still refused to change his decision, however now I'm to fax to him all the evidence I originally submitted as he listened to the points I raised about errors in the ATOS report, and a letter from the GP as sadly my son now has a new mental health problem.


Izzy

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12 years 5 months ago #72177 by izzy
Replied by izzy on topic Re:ESA, ATOS and Decision Makers
Gordon - see my latest response. I was told this by the decision maker dealing with my sons transfer from Incapacity to ESA.


Izzy

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12 years 5 months ago #72178 by izzy
Replied by izzy on topic Re:ESA, ATOS and Decision Makers
P.s My son has been placed in WRAG and fits 2 if not 3 of the support group descriptors.


Izzy

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