Do I respond to DWP or ATOS?

Hello

Brief history - I am appealing my DLA renewal where I went from HRM & HRC before, to HRM & LRC at renewal, and then LRC only after reconsideration

I have had excellent advice from here and was waiting for a further response from DWP, as Im continuing my appeal. The last letter I had from DWP said that they were passing my concerns about my ATOS medical to their Customer Relations dept, as well as looking at my case again (I was also disputing the reason the DM gave for me needing a medical in the first place, which was based on misinterpreting my consultants letter.)

On Saturday I received a letter from ATOS, having received my letter from DWP, apologising but telling me that their doctors report is "medically reasonable" and is "in accordance with Atos Healthcare's Professional Standards", according to their medical advisor. This I find staggering and very distressing, but I realise this forum isnt the place to explain why, as its an individual case.

But the letter also mentioned that the "HCP bases the assessment on the documentary evidence, the interview & observation of the customer and on an appropriate clinical examination". I would be really grateful if anyone can confirm that an HCP has to look at documentary evidence for a DLA medical. MY HCP refused to look at any of my medical letters and so I obviously want to challenge this, but am not sure if I have got the facts right. Do I write back to query this to ATOS and CC to the DWP, or write to DWP and CC ATOS, as it concerns my appeal ultimately?

Thank you

bobber31 wrote:

Hello

Brief history - I am appealing my DLA renewal where I went from HRM & HRC before, to HRM & LRC at renewal, and then LRC only after reconsideration

I have had excellent advice from here and was waiting for a further response from DWP, as Im continuing my appeal. The last letter I had from DWP said that they were passing my concerns about my ATOS medical to their Customer Relations dept, as well as looking at my case again (I was also disputing the reason the DM gave for me needing a medical in the first place, which was based on misinterpreting my consultants letter.)

On Saturday I received a letter from ATOS, having received my letter from DWP, apologising but telling me that their doctors report is "medically reasonable" and is "in accordance with Atos Healthcare's Professional Standards", according to their medical advisor. This I find staggering and very distressing, but I realise this forum isnt the place to explain why, as its an individual case.

But the letter also mentioned that the "HCP bases the assessment on the documentary evidence, the interview & observation of the customer and on an appropriate clinical examination". I would be really grateful if anyone can confirm that an HCP has to look at documentary evidence for a DLA medical. MY HCP refused to look at any of my medical letters and so I obviously want to challenge this, but am not sure if I have got the facts right. Do I write back to query this to ATOS and CC to the DWP, or write to DWP and CC ATOS, as it concerns my appeal ultimately?

Thank you

Hi B,

ATOS are responsible for the medical services side of your assessment.

The ATOS HCP should take all written evidence into account, as well as the interview and observations, however can find to the contrary of the written evidence.

The DWP DLA Decision Maker, is the one that actually makes the decision on an award of DLA, not ATOS.

The DM should take all evidence at his disposal into account before making an award.

However, the DM can choose which evidence he wishes to give credence to.

It may be advisable to keep the DWP and ATOS issues, seperate.

bro58

Thank you for that.

But I didnt actually make a complaint to ATOS directly. I complained about the report in my letter to the DWP saying I wished to continue my appeal. The evidence used for the reconsideration according the DWP reconsideration letter was solely the ATOS report, and none of the other evidence submitted (including all the medical evidence the DM hadnt read correctly:huh: !), so I outlined all of the mistakes that had been made in the report hoping they wouldnt solely use that again. They forwarded the letter to ATOS themselves and let me know they were doing this in the letter acknowledging I was continuing to appeal.

So if I do direct the letter to ATOS, should I also mention that the evidence the HCP chose to ignore when offered was the same evidence another ATOS doctor has reviewed and advised that I go straight into the support group for my ESA application without the need for interview, or would that just get their backs up?

I do worry that when the DWP get the same letter that I got from Atos customer relations, they will think the report was alright, but if they actually read my medical evidence they will see that my functional ability that he has written in his report couldnt possibly be accurate. I simply cannot do the things he is guessing I can do - (wish I could do even half of the things he thinks I can manage!)

So should I stick with writing to ATOS then , and cc to DWP, or write to DWP a separate letter?

Thanks again for you help - what a relief you are all here!

bobber31 wrote:

Thank you for that.

But I didnt actually make a complaint to ATOS directly. I complained about the report in my letter to the DWP saying I wished to continue my appeal. The evidence used for the reconsideration according the DWP reconsideration letter was solely the ATOS report, and none of the other evidence submitted (including all the medical evidence the DM hadnt read correctly:huh: !), so I outlined all of the mistakes that had been made in the report hoping they wouldnt solely use that again. They forwarded the letter to ATOS themselves and let me know they were doing this in the letter acknowledging I was continuing to appeal.

So if I do direct the letter to ATOS, should I also mention that the evidence the HCP chose to ignore when offered was the same evidence another ATOS doctor has reviewed and advised that I go straight into the support group for my ESA application without the need for interview, or would that just get their backs up?

I do worry that when the DWP get the same letter that I got from Atos customer relations, they will think the report was alright, but if they actually read my medical evidence they will see that my functional ability that he has written in his report couldnt possibly be accurate. I simply cannot do the things he is guessing I can do - (wish I could do even half of the things he thinks I can manage!)

So should I stick with writing to ATOS then , and cc to DWP, or write to DWP a separate letter?

Thanks again for you help - what a relief you are all here!

Hi,

It generally best to keep any complaint to ATOS regarding one of their HCP's medical report seperate to an appeal to the DWP DM.

It appears that the DWP have passed on your complaint to ATOS.

You can point out what you feel are any discrepancies on the medical report to ATOS and why.

If you can gain any recognition that the report is in some way errant, this will help with your appeal.

With regard to the DM and your appeal, the important issue here, is to prove that you meet the qualifying criteria with your needs and limitations, for the correct award of DLA, under the relevant regulations.

Unfortunately,as I have previously said, the DM can choose to use any medical reports, or other evidence that he wishes, in coming to a decision.

bro58

Thank you for that.

And I suppose the worrying thing for me, when looking at the all evidence submitted, the [mod edit Emp] report "trumps" the others even if it contradicts all the other evidence Even though the DM can choose the evidence he believes, surely a Tribunal wouldnt be so selective would they?

[mod edit -sentance removed]

Should I not mention my place in the Support group to either side then?

I do meet all the criteria to remain in HRM & HRC, and the Statement of Reasons acknowledged all my care & mobility needs, they just thought my carers & me were super whizzy and managed to do all the list of care needs within an hour each day So I niavely thought at reconsideration I would go straight back to my original award [edited]and now have just LRC for the cooking test apparently.

Mod comment - I have edited part of your post & removed a sentance