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Atos effectively overiding Tribunal ?
10 years 6 months ago #111629 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Atos effectively overiding Tribunal ?
Hi nixart,
Sorry to hear that you are having to go through this again!
I will try to deal with your questions in order -
It often seems to happen that different Decision Makers have conflicting opinions of the same facts, even though the claimant's condition is unchanged.
As the tribunal found in your favour last time, there is no reason why they should not do so this time. All you can do is highlight the descriptors that apply and provide as much evidence as you can to back this up.
You should be careful not to focus your efforts on discrediting the ATOS report as doing this would, at best, get you another assessment. In order to gain the support Group you must show how the claimant meets the descriptors.
I am not sure whether you mean that the claimant was in the group of people who are found 'fit for work' or whether he was put into the Work Related Activity Group? If the latter, he will be obliged to attend Work Focused Interviews if requested to do so but should not be forwarded to the Work Program. It is possible to have thse interviews carried out over the phone, or even suspended awaiting appeal, but this is entirely at the discretion of the JobCentre adviser.
Do I have to attend WFIs while I appeal?
I am afraid that, in law, the opinion of the DWP Decision Maker 'trumps' any certificate or letter provided by a GP (or even consultant)!
Please come back to this topic to ask any further questions - you will find it easily in future if you bookmark it, or make it a favourite on your web browser, and we will have the benefit of keeping everything in one place
Sorry to hear that you are having to go through this again!
I will try to deal with your questions in order -It often seems to happen that different Decision Makers have conflicting opinions of the same facts, even though the claimant's condition is unchanged.
As the tribunal found in your favour last time, there is no reason why they should not do so this time. All you can do is highlight the descriptors that apply and provide as much evidence as you can to back this up.
You should be careful not to focus your efforts on discrediting the ATOS report as doing this would, at best, get you another assessment. In order to gain the support Group you must show how the claimant meets the descriptors.
I am not sure whether you mean that the claimant was in the group of people who are found 'fit for work' or whether he was put into the Work Related Activity Group? If the latter, he will be obliged to attend Work Focused Interviews if requested to do so but should not be forwarded to the Work Program. It is possible to have thse interviews carried out over the phone, or even suspended awaiting appeal, but this is entirely at the discretion of the JobCentre adviser.
Do I have to attend WFIs while I appeal?
I am afraid that, in law, the opinion of the DWP Decision Maker 'trumps' any certificate or letter provided by a GP (or even consultant)!
Please come back to this topic to ask any further questions - you will find it easily in future if you bookmark it, or make it a favourite on your web browser, and we will have the benefit of keeping everything in one place
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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