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Doctors Medical Report To Atos
- Peter
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- Peter
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- Gordon
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Whilst a WCA can be cancelled after additional evidence is provided, ATOS are not required to do this, this is especially the case for claimants hoping to qualify under the Exceptional Circumstances.hi everyone can you advise .my gp as informed atos that because of my alcolism he beleives i qualify under the exceptional circumstances regulations if atos agree they are saying i still need to attend amedical .is this correct ps i also need aleft knee replacement diabetic severe diverticulitis .reactive arthritus and spondyliyus of my neck .all of this information was provided to them i have now made a complaint regards peter
For the ECs, the burden of proof lies wholely with the claimant, who must supply significant relevant evidence to support their claim.
I can only assume that the ATOS "doctor" reviewing your claim does not believe that there is sufficient information, at this time, for them to make a recommendation on your claim without your attending a Work Capability Assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
hi everyone can you advise .my gp as informed atos that because of my alcolism he beleives i qualify under the exceptional circumstances regulations if atos agree they are saying i still need to attend amedical .is this correct ps i also need aleft knee replacement diabetic severe diverticulitis .reactive arthritus and spondyliyus of my neck .all of this information was provided to them i have now made a complaint regards peter
Hi P,
Unfortunately ATOS or The DWP do not have to take advice from a person's G.P. or other treating HCP.
In fact, in a lot of cases they are totally ignoring it.
See this extract, from Page 41 of The WCA Handbook :
2.7.2 The Role of the Atos Healthcare HCP.
The Atos Healthcare HCP will provide advice to the Decision Maker using all their skills as a Disability Analyst. They will review all the evidence on file and provide advice on likely functional implications of any medical evidence provided. The HCP must take into account that the primary role of the GP or hospital doctor is to diagnose and treat any medical conditions that the patient/claimant presents to them. Any information or medical report that the doctor provides to the Department for Work and Pensions in relation to disability benefits is a purely secondary activity to his therapeutic role. A clinician does not routinely consider the functional restrictions or disabling effects of the medical conditions that they treat. They must take into consideration that the clinician may have no specific training in assessing disabilities in their medical education, and may have considerable difficulty in giving an accurate assessment or forming an opinion in relation to the functional restrictions experienced by their patient. In addition clinicians usually have, at best, very limited knowledge of entitlement criteria to ESA through the WCA.
Atos Healthcare practitioners are specifically trained in the assessment of disability. By evaluating the clinical history, the physical examination and informal observations in the light of the claimant's daily activities, the medical disability analyst is able to provide an accurate and consistent assessment of the functional restrictions. This assessment is based on the HCP’s medical training and expertise, and a body of established medical knowledge and opinion. The HCP is able to advise the DM on restrictions arising from the disabling condition(s).....etc, etc.
The WCA Handbook can be accessed from the 7th Link down this page :
ESA Guides
However, if you can show that important evidence has not been taken into account by The DWP DM in coming to any adverse ESA decision, any extra evidence that you may provide can only help.
bro58
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