THE ONLY MEDICAL EVIDENCE ACCEPTIBLE IS ATOS

Mrs Hurtyback wrote: 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.

And if they don't and it goes to appeal, then a First-tier Tribunal has wide powers on which medical evidence to reject and which to accept. I only sat on DLA/AA Tribunals but it was common for the Tribunal to reject HCP's reports preferring the claimants evidence at appeal.

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

ESA can be awarded in either of 2 groups 'The Work Related Activity Group (WRAG)' and the Support Group.

Qualifying for the WRAG

Qualifying for the Support Group

As for the basis for the DWP giving more weight to ATOS than other evidence, bro has quoted this for you on the first page of this topic.

As Jim says, the Tribunal panel are more likely to pay more attention to your own statement and the evidence you have provided, rather than listening only to what ATOS have said.

It's important to use the 'additional information' page to the fullest extent though I notice that forms suggest this less and less. I tend to not even bother writing anything on some questions and just direct to the 'additional information' pages of which I write many.

In response to balinky,

You said;

"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?"

The answer is no, as I already stated the DWP can lean on the fact that ESA and DLA have different criteria and maintain that although although you are entitled to one, based on your evidence, you are not entitled to the other.

Balinky said,

"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."

You are right, of course, that it is the DWPs job to place the right people in the right groups. Of course I agree you should get the help you need and not feel your needs are being dismissed. However you should be aware that in this current political and economic climate the DWP are under pressure to make it look like the welfare reforms are working. That is, they are under pressure to make it look like there are lots of people capable of Work Related Activity and that the reforms are saving money.

In response to mrjohno,

The DWP are looking for you to fulfill specific criteria and so you should show explicitly that your condition does, under the headings provided, even if it means repeating yourself or stating the obvious. The DWP are not medically trained and have time constraints so are unlikely to properly read additional sheets or gleam the appropriate information.

Puccalove wrote: The DWP are looking for you to fulfill specific criteria and so you should show explicitly that your condition does, under the headings provided, even if it means repeating yourself or stating the obvious. The DWP are not medically trained and have time constraints so are unlikely to properly read additional sheets or gleam the appropriate information.

I understand that, but filling in any form in the belief it will not go to appeal is in my view naive. In the long past it was perhaps of benefit because the DWP would not back pay more than three months but now they do. I get lump sums now rather than regular payments which is not an issue for me but may be for some.