THE ONLY MEDICAL EVIDENCE ACCEPTIBLE IS ATOS

Is it sufficient grounds for the DWP to prefer the Atos assessment findings as the only true, and reliable independent evidence?
as this is what I have been informed of by the DWP, Is that they "prefer" the Atos report against any and all other qualified opinion and evidence?

the same report was used to determine my application for DLA, but has since been rejected, and I was awarded DLA on a reconsideration.

But the DWP vehemently insist that the Atos report is the only evidence fit for purpose in determining my eligibility to ESA benefit and criteria for not being placed in the support group?

Hi Balinky,

The Decision Maker is supposed to consider all evidence submitted. However, it is entirely up to them how much weight they attach to each piece. The DWP stance is that only ATOS HCPs (and Capita when dealing with DLA) are trained to assess the impact that the claimant's condition has on their ability to meet the descriptors.

If the DLA report has been discredited then you need to provide evidence to support this.

Of course it is in the DWPs interests to 'prefer' the ATOS assessment as they are usually inaccurate to the DWPs advantage (which is presumably what the DWP pay them for) and in this case it was used to deny you DLA. The fact that you were awarded DLA based on a reconsideration does not mean they will accept your entitlement to ESA, they can try to justify this by pointing out they have separate criteria (you should not expect the DWP to be consistent). You will find that if you appeal the tribunal service will be much more open to your other evidence as they are independent of the DWP and are not biased by trying to save them money. You should be aware however that your evidence should say specifically how you are entitled to be in the support group, you can find the descriptors in the ESA introductory guide.

Please also be aware that if you do appeal there is a slim chance your entitlement will be removed (I am assuming your in the WRAG wanting to go into SG) you should seek advice on this issue from a CAB or other similar local welfare rights organisation.

Hi b,

As previously stated, the DWP DM should take "All" evidence at their disposal into account, and make a decision on "The balance of probabilities"

They should give more credence to the most compelling evidence.

The line that they take on rubber stamping the ATOS HCP's recommendations can be seen at page 45 2.7.2 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).

Atos Healthcare HCPs provide impartial expert advice on disability that is objective and based on functional assessment. The Atos Healthcare HCP must provide an opinion that is fully justified and evidence based."

The WCA Handbook (which is only guidance) can be found under the heading "DWP Resources" on this page :

ESA Claims Guides

It is therefore important that any medical evidence provided by you refers to the relevant SG descriptors that apply to you, and shows how and why you fulfill them. :

SG (LCWRA)Schedule 3 Descriptors

See also :

DM Guide LCW & LCWRA

&

DM Guide ESA Amendments from 28/01/13

bro58

Thank you to everyone who has answered, firstly I do not know What WRAG IS?

The trained assessor who assessed me was a nurse, of no specific qualification in mental health, in particular complex mental health conditions, so this was disregarded.

I have sent in a witness statement of what took place at the assessment which is a total contradiction of what has been reported to have taken place.

the fact that My evidence was accepted by DLA in regards to my health conditions, is, is it not proof that the Atos Report is not accepted?

this is the same report the DWP are defending, without I might add any real credibility or merits in regard to my complex condition.

I have read all the regulations etc.... but I cannot find any regulation that justifies the DWP Taking this stance.....

Is it not the decision of the DWP to place some one in the support group, I believe I should be placed in the support group to give me the support I need, rather than dismiss my health problems out of hand.