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Challenging the ESA85/ATOS Medical report

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11 years 9 months ago #87839 by Gordon
Tilly

At the risk of opening a can of worms on this subject :)

The ATOS HCP is told to, wherever possible. to express opinions as to how a claimant meets the ESA descriptors and to supply justification of these. As opinions, the situation is not so black and white as you are painting it, however, following your thoughts through.

By completely negating the medical report you create a dilemma for the Decision Maker or a Tribunal Panel. There has to be a medical report prepared by a qualified Disability Analyst, if there is not one, then either a new ATOS HCP will attempt to compile one from the existing notes, or a new medical must be ordered, putting the claimant back at square one and probably several months further down the claim process!

As Mrs H points out, whilst de-bunking the medical report is important, you will not be awarded a benefit unless you can show that you meet the criteria and this should always be the focus of someone challenging a Decision.

Gordon

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

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11 years 9 months ago #87841 by Tilly
Thanks Mike. I am still waiting for the ESA85 to arrive (requested it in writing 5 weeks ago, post office records prove they got the request and followed up with phone call and letter today!) However, I am currently using what the DM has stated that the HCP has stated and I am comparing that to the recording of the medical (and transcript)

Thanks

Tilly

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11 years 9 months ago #87842 by Tilly
Hi Gordon and thanks for the info. I will definitely be showing how I meet the criteria whilst I am de-bunking the medical report. :)

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11 years 9 months ago - 11 years 9 months ago #87917 by buster
hi all, i to am in the possess of challenging the esa85,After one letter to atos they said the hcp has made a standards mistake and have put that one right....
After the second letter there is another mistake mistake this time it seems to be an input error....and so on and so on,the point is that if i had not challenged this it would have gone unnoticed. [phrase removed], when i received the big folder for my appeal there were 6 points that was not there before?...so [phrase removed]. i am awaiting a reply from atos of my 6th letter the next step is the ombudsman and the royal collage of nursing and midwifery .
Last edit: 11 years 9 months ago by Gordon. Reason: removed potentially libelous statements

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