Atos and medical diagnosis.

Can anyone advise if ATOS has the power to overrule a claimants health professional and make a medical diagnosis on a mental health condition and also rule that the medication prescribed to treat it is something that is also used to treat other medical conditions?

This has happened in my case where a report from my mental health counsellor and my GP who both advised that suffer from anxiety and depression. I am being prescribed Amitriptyline and Prochlorperazine.

However ATOS assessor in his report throughout has stated there there is no specialist input for my mental health and therefore all categories affect by this conditions have been given no points. My mandatory reconsideration has been denied also.

I complained to ATOS directly they stood by their report and went on to say the both medications are also prescribed for other conditions and there was no indication that I am being prescribed these medications to treat and manage my anxiety and depression even though my counsellor that clearly stated in her report I take both medications! In effect their medical professional made a conclusion that both medications in my case were prescribed for to treat other conditions and not anxiety and depression. Shockingly neither ATOS or DWP made any attempt to contact my health professional to see clarification which i believe they are required to do in case of doubts before writing a final report.

I further went to complain to ICE and they have also come back no upholding my complaint and more or less saying that ATOs were within their rights to make these assumptions.

Can anyone please advise on this? I am especially interested in knowing if ATOS or DWP have any rights to make a medical diagnosis of a health condition or a prescribed medication without seeking clarification from the claimants health professional?

My next review is coming up soon I am too stressed to take this further now but if they have no legal rights on making a medical diagnosis on either a health condition or prescribed medication I want highlight that point on the relevant affected descriptors and point out to them if the same happens again then I will take the matter up with a tribunal or the parliamentary and health services ombudsman.

Thanks for your your advise BIS.

I have not had any further specialist input regarding this as the counsellor that I had seen was a NHS mental health specialist. I had some face face meeting as because this was via NHS they have a set target of sessions after which the patient is discharged to the care of the GP with a view of further referrals as and when needed. This is what had in my case where we both agreed a regime of self management at home via various routes and if ever needed I could contact them directly for further sessions. However, I am currently managing my condition although I do get flare ups regularly when coming into certain situations as is expected with mental health. I maybe at fault in not making point of this because of not knowing exactly where to mention this so that all relevant descriptors are covered. Your advise on this will be most appreciated.

I have already contacted my GP in getting a letter of confirmation regarding my medication, Amitriptyline and Prochlorperazine so hopefully I will get this soon. Unfortunately with Covid restrictions it is not easy to get a face to face appointment with a GP unless a condition warrants it so I have had to send an online form.

I wish they would simply the PIP process and constant re-occurring assessments even when someone has medical conditions that are lifelong and unlikely to improve and the claimants GP has confirmed this fact in their letters!

Regards

Hi there,

I don't know where I stand as regarding 'lifelong' condition. Thought I'd add that my GP has put that my condition is lifelong in the letter that went with my renewal package as well as asking for a paper based assessment.

Am not holding too much hope on the outcome as my past experience went totally againnst the grain.

Regards,

Phrank.

I have managed to get a letter from my GP confirming my mental health condition of depression and anxiety. MY GP has also stated the medications that ATOS were querying are prescribed to manage both of these conditions. On medication in particular is also prescribed to treat a couple other conditions as this medication is also usually the one that is prescribed by most GP's. Hopefully this will be sufficient evidence for ATOS and DWP to a specialist input and confirmation of the medications being prescribed for my mental health.

Interestingly whilst I was going through all my medical reports and GP letters I noticed in several letters that my GP has provided he has listed majority of my heath conditions inclusive of depression and anxiety.

I would have assumed that this would have been sufficient for Atos and DWP as confirmation of input from a specialist or wrong in this assumption? If I am correct then either DWP or ATOS did not bother to look at all my reports in detail, as there a lot, or just missed this and concluded that there was no specialist input.

If I am correct in my assumption then in my next review maybe I can make a point of this and ensure that both DWP and ATOS pay particular attention the letters from my GP and other medical reports before disputing any of my health conditions or medications.

Any advice on this would be much appreciated.