× Members

Atos complaint evidence for my appeal?

  • sandra
  • Topic Author
11 years 2 months ago - 11 years 2 months ago #99114 by sandra
I received my papers for appeal from the DWP today as they found no grounds to reconsider.
In these papers were the findings of the Atos doctor about the complaint I made to Atos.

The first question about the investigation to Atos Doctor was
1.Is the infomation contained within the report entirely medically reasonable and appropriately justified?
Doctors reply statess, It is not clear why the client had difficulty sitting and is inconsistant with history, as there is little or no information in typical day history in sitting. IT has also been noted that there were difficulties standing for 1 minute.It then states, these facts along with the rest of the information would suggest there are problems with sitting/standing.Then says.
these issues are not clarified in the PSS.
Can anyone tell me what in the PSS?

2. 'Was the medical examination and interview process conducted in accordance with Atos Healthcare's Professional Standard's?'
Doctor's reply,'
No,see above comments.

Would I be able to argue on these points in the appeal especially as its findings was made by an Atos doctor, even though the DM seems to have dismissed them
Last edit: 11 years 2 months ago by Gordon.

Please Log in or Create an account to join the conversation.

  • bro58
11 years 2 months ago - 11 years 2 months ago #99130 by bro58
Replied by bro58 on topic Atos complaint evidence for my appeal?

sandra wrote: I received my papers for appeal from the DWP today as they found no grounds to reconsider.
In these papers were the findings of the Atos doctor about the complaint I made to Atos.

The first question about the investigation to Atos Doctor was
1.Is the infomation contained within the report entirely medically reasonable and appropriately justified?
Doctors reply statess, It is not clear why the client had difficulty sitting and is inconsistant with history, as there is little or no information in typical day history in sitting. IT has also been noted that there were difficulties standing for 1 minute.It then states, these facts along with the rest of the information would suggest there are problems with sitting/standing.Then says.
these issues are not clarified in the PSS.
Can anyone tell me what in the PSS?

2. 'Was the medical examination and interview process conducted in accordance with Atos Healthcare's Professional Standard's?'
Doctor's reply,'
No,see above comments.

Would I be able to argue on these points in the appeal especially as its findings was made by an Atos doctor, even though the DM seems to have dismissed them


Hi s,

The PSS, is a Personalised Summary Statement, otherwise known as an ESA85S.

It is a written "Add-on" to the ESA85, where the ATOS HCP, is supposed to give written justification for their findings in the ESA85, especially if they are contradictory to evidence provide verbally or written by the claimant.

It is mentioned in the WCA Handbook, on this page :

ESA Claims Guides

The PSS (ESA85S) should be included with your Evidence Pack.

You can put up any valid argument, but the main issue will be to show that you qualify for the ESA award that you are appealing to.

bro58
Last edit: 11 years 2 months ago by bro58.

Please Log in or Create an account to join the conversation.

More
11 years 2 months ago #99133 by Gordon
Replied by Gordon on topic Atos complaint evidence for my appeal?

sandra wrote: I received my papers for appeal from the DWP today as they found no grounds to reconsider.
In these papers were the findings of the Atos doctor about the complaint I made to Atos.

The first question about the investigation to Atos Doctor was
1.Is the infomation contained within the report entirely medically reasonable and appropriately justified?
Doctors reply statess, It is not clear why the client had difficulty sitting and is inconsistant with history, as there is little or no information in typical day history in sitting. IT has also been noted that there were difficulties standing for 1 minute.It then states, these facts along with the rest of the information would suggest there are problems with sitting/standing.Then says.
these issues are not clarified in the PSS.
Can anyone tell me what in the PSS?

2. 'Was the medical examination and interview process conducted in accordance with Atos Healthcare's Professional Standard's?'
Doctor's reply,'
No,see above comments.

Would I be able to argue on these points in the appeal especially as its findings was made by an Atos doctor, even though the DM seems to have dismissed them


I do not see why not, my take on the comments, is that there are serious concerns over what was written in the assessment report in regard the Standing and Sitting descriptor.

PSS stands for Personal Summary Statement and is for the ATOS assessor to explain why they disgaree with the statements on the claimants ESA50, it is explained in more detail in the WCA Handbook, section 3.9.

Gordon

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

Please Log in or Create an account to join the conversation.

  • sandra
  • Topic Author
11 years 2 months ago #99147 by sandra
Replied by sandra on topic Atos complaint evidence for my appeal?
Many thanks to you both for your help. I feel so confused about all this, firstly with the outcome of the medical, then with my complaint to Atos and getting them to admitt to thier errors and now the DM who dont even consider the findings as being relevant.

Please Log in or Create an account to join the conversation.

  • sandra
  • Topic Author
11 years 2 months ago - 11 years 2 months ago #99691 by sandra
Replied by sandra on topic Atos complaint evidence for my appeal?
Hi, I am getting so confused, I'm not too sure if I have got the PSS or not. Please can you help?
I have got the ESA85 Medical Report from Atos. There is an assessment Summary marked number 27 on the ESA85. I cant find anything that says ESA85S. Also the Atos doctor who investigated my complaint has stated in his investigation that the HCP has stated 'the client is also noted to have difficulty standing for 1 minute'. I cant find this on the ESA85 anywhere,as on mine it clearly says had difficulty standing for 4 minutes, but didn't need assistance.Would he have seen a different form to me?
I have searched through everything I have got and I cant find anything that says ESA85S.
Last edit: 11 years 2 months ago by Gordon.

Please Log in or Create an account to join the conversation.

  • bro58
11 years 2 months ago - 11 years 2 months ago #99701 by bro58
Replied by bro58 on topic Atos complaint evidence for my appeal?

sandra wrote: Hi, I am getting so confused, I'm not too sure if I have got the PSS or not. Please can you help?
I have got the ESA85 Medical Report from Atos. There is an assessment Summary marked number 27 on the ESA85. I cant find anything that says ESA85S. Also the Atos doctor who investigated my complaint has stated in his investigation that the HCP has stated 'the client is also noted to have difficulty standing for 1 minute'. I cant find this on the ESA85 anywhere,as on mine it clearly says had difficulty standing for 4 minutes, but didn't need assistance.Would he have seen a different form to me?
I have searched through everything I have got and I cant find anything that says ESA85S.


Hi S,

See this extract from The WCA Handbook, Page 120 :

"3.9 Personal Summary Statement

A key part of the report is the Personal Summary Statement. This section of the report is the area where you must fully justify your opinion on the claimant’s functional ability.

This summary must contain enough detail for the Decision Maker to understand your reasoning and therefore allow them to be able to make a determination on an appropriate descriptor for each activity and Support Group category.
The summary is completed on form ESA85S, which is a separate page from the ESA 85 has an equivalent in LiMA."


Which is the 2nd from bottom link on this page :

ESA Claims Guides

There is further information on The ESA85S on page 120.

One would surmise that if an ESA85S was used it would be notated as such, or at least a mention of a PSS.

bro58
Last edit: 11 years 2 months ago by bro58.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.