Challenging the ESA85/ATOS Medical report

Hi guys. I just thought I'd share this with you and see what you think. The WCA handbook states that
"The Decision Maker has a legal duty to ensure that their decisions are based on
facts which are clearly established by evidence" and "The Atos Healthcare HCP must provide an opinion that is fully justified and evidence based." and "The Atos Healthcare HCP must provide an opinion that is fully justified and evidence based."
In a nutshell, if the HCP has based their choice of decriptor/advice to the DM on false evidence and you can prove it is false then the evidence the HCP has gone.

Thanks, Tilly

Don't forget that discrediting the ATOS report is not enough, in itself. You must also concentrate on the descriptors and provide proof of how you meet them.

Not sure why I have said the same thing twice. I think I was supposed to quote another thing but cant find it now. Anyway, I hope you can see what I'm trying to say here.

Thanks

Tilly

Hi Mrs Hurtyback. Yes, I do appreciate what you are saying but what I am saying is that if the HCP has given false information as evidence to support the choice of descriptor (and you have already given information on your ESA50 and verbally at the medical as to how you meet a descriptor)then the HCP evidence is gone because it was false

Tilly

I think I'm having a bit of trouble explaining myself, sorry, cognitive dysfunction. The scenario is: You have provided information to show how you meet a descriptor. Then the HCP provided the DM with information that disagrees with this and the DM must believe the HCP and not you (as per WCA handbook)However, the info from the HCP is false.

Thanks

Tilly

Hi Tilly
The Decision Maker usually make their decisions from the information in the ESA85 Report,so it is worth challenging any information in the report that you think is incorrect.
Mike