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TOPIC: Unfair? Really?

Unfair? Really? 8 years 1 month ago #56952

  • John
I have chased the medical report for a medical I had 16th december 2010 which placed me in the support group. The 2 descriptors I believe from the dr were I cannot walk 30 metres and also I am unable to clean my own torso. I have been after this report for 3 months now...

Had my appeals the other day and wanted this report to support my DLA appeal but it has never arrived despite many many calls to DWP. Now I called again yesterday asking about it because it has really got to me as it could have made a difference to my DLA appeal. Got a call back today and I am now told they have LOST it, they have pulled the report from the archives but it is not mine.

They will not be able to recover it, they say Atos will not have a copy, the copy they have is the ONLY record. Ok so what happens now I ask, nothing....they say there is NOTHING they can do and nothing I can do...

Is this right?

Has it happened to anybody else?

I would have been delighted if they lost another report that is not in my favour but no they have that but the one in my favour is LOST forever....

The DWP demand they give a fair and impartial service....sure they do fair to them maybe!!!!!

Any ideas or advice as to what can be done about this guys?

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Re: Unfair? Really? 8 years 1 month ago #56953

John, that is very 'convenient' that they have lost the report.

If you are in the support group then surely that is evidence alone that there is a reason for you being there?

I am sure someone will come along with advice for you.

Hope you get somewhere with this.

Lisa

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Re:Unfair? Really? 8 years 1 month ago #56983

John

You can make a complaint under the Data Protection Act for failing to secure your information.

Whilst I don't believe that the DWP have a policy of electronically copying or microfiching information, I am surprised that ATOS do not retain a copy, as the report is normally (but not always), electronically produced, from data entered by the ATOS HCP.

So, you can submit a FOI request to ATOS for a copy of everything they hold on you, although Members doing this have had mixed results.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Unfair? Really? 8 years 1 month ago #56990

  • John
Gordon I recently did the request for all the info that Atos have on me, to be honest I am shocked at what i received...pages and pages and pages of codes. It is rediculous beyond belief and I am exremely sceptical regarding it. I have had 3 reports done by them as well as advice they have given to DWP but NONE of it is recorded. It is the most useless piece of information.

I am awaiting the same from DWP which has taken much longer it was 4 weeks after acknowledging my request that I sent me a further letter with tick boxes on the information that I wanted even though I requested ALL information. Maybe it was tactic to supply after my tribunal...maybe I am being a little to sceptical.

Lisa the fact I am in support group now looks like it means nothing as although they know the dr receommended this and they have put me in it there is no factual reason as to why....It also appears that the DM wrote to the medical services Dr after my first decision asking if he agreed I shoudl be in the support group for a time while the immediate future concerning my health was dealt with but he said NO...bizarre as I thought the DM made the decision.

It has been a long 18mth fight and I am just disillusioned by it all and feel some people are just up against it with the DWP for some reason.

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Re:Unfair? Really? 8 years 1 month ago #56994

John

Apologies. I knew somone recently had done an FOI for ATOS, but with so many posts it is easy to lose track of who did what :)

The codes probably relate to comments in the LIMA software and would be indecipherable without the software, but from my own report there was plenty of free text entered as well.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Unfair? Really? 8 years 1 month ago #57003

  • John
Gordon, the free extended text was that from the Atos information?

I have 1 post of a telephone call and all it has is 6 words....yes 6 words that don't sound great either but nothing else anywhere on the report. I just do not believe that they have no text for me whatsover except for 6 words from 1 conversation...call me sceptical but it is just not on the way they do things. I have had many conversation wuth Atos over the phone, sent and received letters and they reckon they keep NONE of it except 6 wrods....it is BS absolute BS....I just need to find out what to do about it further.

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