Medical not fit for purpose

Ex Pat wrote: Hi everyone, following my last post Nov 2011 regarding my diabolical Spanish medical, I was placed in the WRAG Aug 1012, which I have appealed - no change on reconsideration, and they have duly sent me their file, in this there is a letter requesting medical opinion from ATOS, the response from them was that “the medical was not fit for ESA purpose”, it does acknowledge existing condition but they could not give an opinion as to its effect on daily living activities.

My query really is how do I proceed with this information? As they have clearly made their decision on the medical scan showing arthritis L1 to L5 and disc protrusion L5/S1
Although the Dr decision maker states he was not qualified to read scan films?????

Any advice would be most appreciated.

This is really a Catch-22, so the first thing I am going to suggest is that you get advice, I appreciate that this may not be possible if you are not in the UK.

If the medical report is classed as being not fit for purpose, then it undermines any Decision made using it, however, whilst this does not preclude the Decision being made using your evidence, the DWP do have a responsibility to acquire their own medical evidence.

Challenging this could have varying results, for example, at one extreme you could be placed back onto IB and a new transfer ordered, conversely they may argue that your own evidence was substantial enough, which may support the WRAG placement. The most likely result, is that the Tribunal will require that a new assessment is carried out, further delaying your appeal, whether this is to your advantage or not I cannot say.

As your papers are now with the Tribunal Service, you need to pursue this issue with them, as the DWP are very unlikely to "re-open" your case before a hearing.

Gordon

Ex Pat wrote: Thank you Gordon for your guidance, but how can the Tribunal Service help at this stage?

What I mean is that as your case is now with the Tribunal Service any further correspondence must be to them in connection with your appeal, the DWP will no longer converse with you directly on this matter and unless a significant matter, not that the quality of the report is not, is drawn to their attention, they are unlikely to reconsider your case prior to any Tribunal hearing.

Gordon