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Atos complaint evidence for my appeal?
- Gordon
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11 years 2 months ago #99704 by Gordon
We regularly hear on this forum and others that there is no justification recorded by the ATOS assessor as to why they significantly disagree with what is included in the claimants ESA50 and attached medical evidence.
Your original posts says "these issues are not clarified in the PSS", this may well be because there is no such document in regard your claim.
The only thing I can suggest, is for you to make a Subject Access Request for all of your documents held by the DWP, however, this may take time as the DWP are allowed 40 days to comply. There is a guide to SARs on the following link.
www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon 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.
We regularly hear on this forum and others that there is no justification recorded by the ATOS assessor as to why they significantly disagree with what is included in the claimants ESA50 and attached medical evidence.
Your original posts says "these issues are not clarified in the PSS", this may well be because there is no such document in regard your claim.
The only thing I can suggest, is for you to make a Subject Access Request for all of your documents held by the DWP, however, this may take time as the DWP are allowed 40 days to comply. There is a guide to SARs on the following link.
www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- sandra
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11 years 2 months ago - 11 years 2 months ago #99715 by sandra
Replied by sandra on topic Atos complaint evidence for my appeal?
Yes This is correct, it was the investigation by an Atos doctor who revealed the lack of clarification in the PSS and the fact that the Hcp had noted that I had difficulty standing for 1 min and he reccommended to to DM to reconsider on these grounds. My appeal is next week and I thought I had everything ready,but now i'm feeling confused about it all
Last edit: 11 years 2 months ago by Gordon.
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- Gordon
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11 years 2 months ago #99756 by Gordon
You should concentrate on showing why you meet the criteria for the SG as it will be this that wins your Appeal, but it will not hurt to point out the failings in the medical report and that the opinions stated are not supported, as has been recognised in your complaint about it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Atos complaint evidence for my appeal?
sandra wrote: Yes This is correct, it was the investigation by an Atos doctor who revealed the lack of clarification in the PSS and the fact that the Hcp had noted that I had difficulty standing for 1 min and he reccommended to to DM to reconsider on these grounds. My appeal is next week and I thought I had everything ready,but now i'm feeling confused about it all
You should concentrate on showing why you meet the criteria for the SG as it will be this that wins your Appeal, but it will not hurt to point out the failings in the medical report and that the opinions stated are not supported, as has been recognised in your complaint about it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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