Do ATOS and the DM have to use medical evidence that you sent in or can they just dismiss it ?
Hi P,
ATOS HCP's are supposed to take all evidence before them into account, when making any recommendations to the DWP DM.
The DWP DM is also supposed to take all evidence and recommendations into account, when coming to a decision on an award.
The DWP DM can decide which evidence he/she gives priority to, in other words the DM could ignore evidence provided by the claimant, and simply take the ATOS HCP's recommendations into account.
The DWP DM should come to a decision of award on the "balance of probabilities".
Obviously, if a claimant felt that the DM had ignored substantial and relevant evidence provided by them, the claimant could challenge the validity and relevance of the evidence that was actually used, as opposed to that which they provided.
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