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Independant Medical whose the Doc?

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13 years 8 months ago #52522 by melrose
Independant Medical whose the Doc? was created by melrose
I went to my Tribunal appeal for DLA yesterday. It didnt go very far because the panel said they wanted an independant medical report as the report my doctor submitted was so unhelpful. I had put in plenty of supporting evidence from people like my OT so I think that stopped them dismissing my claim out of hand.
Actually the panel looked like human beings and I felt they sympathised with me. Call me daft but I got the impression they wanted to be able to say yes to me so they asked for the IM.
My question though, is who does the medicals for the Tribunal Service? Please tell me its not ATOS :( If it is them, Im worried I wont get a fair report. My Welfare Rights Worker expressed the very same concerns as he is dealing with many ESA appeals. Can someone tell me who does the medicals for the Tribunal Service and do we have the right to check what the visiting doctor writes BEFORE he/she leaves my house? Should we video record his visit? Ive been told this visit should take less than 6 weeks to happen.

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13 years 8 months ago #52529 by Steve Donnison
Replied by Steve Donnison on topic Re:Independant Medical whose the Doc?
Hi,

I'm afraid it is indeed Atos.

No, you don't have a right to see the report before the doctor leaves.

Please search the site and the forum for information about recording medicals. Atos/DWP will not permit it except with ludicrous conditions, but it is entirely lawful to secretly record your medical.

Good luck,

Steve

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

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13 years 8 months ago #52567 by lochlisa
Replied by lochlisa on topic Re:Independant Medical whose the Doc?
Am I wrong in thinking that you can refuse to sign an ATOS report if you do not believe it has addressed your issues when it is conducted?

Lisa

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13 years 8 months ago - 13 years 8 months ago #52607 by melrose
Replied by melrose on topic Re:Independant Medical whose the Doc?
Thanks for the replies. To be honest right now Im wondering if I should even bother with proceeding with this. How can anyone get a fair report from an ATOS doctor? It seems nigh on impossible to me. I know from experience that they are untruthful as Ive had one of their home visits before. They reported that I could walk just fine,this despite the fact that I couldnt even stand as I was suffering from a slipped disc at the time. That was the reason I didnt proceed with my appeal last time, I was just so shell shocked at the level of inaccuracies that were told by that doctor in that report.
My mum has suggested that I find a different doctor who is willing to do a medical on my behalf privately. She said what they asked for is an independent medical, she also thinks the panel are probably aware of the contraversy concerning ATOS. I will have to give it some thought.

Mod edit: potentially libellous comments edited
Last edit: 13 years 8 months ago by cdcdi1911.

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  • John
13 years 8 months ago #52687 by John
Replied by John on topic Re:Independant Medical whose the Doc?
Unfortunately I had my appeal adjourned for an independent medical...love the wya they put it. Yes it is Atos and mine was a pain in the proverbials...I am complaining about the dr and report as it was ludicrous. I am just awaiting a procedural guide from Atos and then will send the complaint in.

Don't give up because of this reason, I knwo how stressful it is but I am not waiting 18 months and giving up and neither shoudl you, defend yourself with the help you will get here IF you need to.

I have had 3 medicals in all, 2 were rediculous and 1 was good, the good one helped me but that is not the only reason it was good, the dr really seemed concerned, was very helpful and sypathetic. He carried out the only "examination" of the 3 and saw some problems for himself others didn't.

Stick by it, read the guides, find some strength from somewhere and good luck.

John

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