ATOS Dr. in my DLA didn't examine me

Hello,
My application for DLA was turned down in March 2010. Still awaiting appeal date. One of the strange factors in my case is that the ATOS doctor named in my case has never even met me, let alone examined me. I have never been examined by or at the behest of the DWP. I couldn't find any other reference to this on the forum. The tribunal service told me this was unite normal and that the DM would have just liaised with an ATOS doctor to discuss my case.
The doctor in my case states that I am capable of walking and can prepare a meal for myself! How would he or she know this if I have never seen them? Can the DWP use this in court?
Both my GP and my consultant both support my DLA appeal and both refute what this ATOS 'expert' has said.
Is it normal for the DWP to turn down applications without a physical examination?

Bryan
(W. Midlands)

Bryan Connor wrote:

Hello,
My application for DLA was turned down in March 2010. Still awaiting appeal date. One of the strange factors in my case is that the ATOS doctor named in my case has never even met me, let alone examined me. I have never been examined by or at the behest of the DWP. I couldn't find any other reference to this on the forum. The tribunal service told me this was unite normal and that the DM would have just liaised with an ATOS doctor to discuss my case.
The doctor in my case states that I am capable of walking and can prepare a meal for myself! How would he or she know this if I have never seen them? Can the DWP use this in court?
Both my GP and my consultant both support my DLA appeal and both refute what this ATOS 'expert' has said.
Is it normal for the DWP to turn down applications without a physical examination?

Bryan
(W. Midlands)

Hi BC,

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With regards to your question, sometimes decisions on awards of DLA can be made without the need of a face to face medical.

It is purely done as a paper exercise, and can be known as a "restricted medical" or "paper scrutiny".

This generally occurs when it is felt that they hold enough evidence for the DWP Decision Maker to come to a decision.

As it would appear that you have the full support of your G.P. and consultant in your appeal, it would be right to contest why a face to face medical did not take place.

It is usual for the DWP to ask your G.P. to fill in a report regarding your DLA Claim, see :

www.dwp.gov.uk/docs/medical-reports-completion.pdf

You could check with your G.P. whether this has been the case, if not, why not?

I don't know whether you have gained face to face advice on this, please see also :

Where to get advice?

If you have any further general questions, please come back to the forum.

bro58

This has happened to me,Im not too worried as i expected them to fail me,and waiting for appeal in march 2012.Its such a farce it kind of shows it up for what it is.