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New to the site, advice needed.

  • jabs
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11 years 8 months ago - 11 years 8 months ago #88890 by jabs
New to the site, advice needed. was created by jabs
Hi all.
A long story short, when i went onto ESA from income support i went for my first ATOS assessment and of course failed, appealed and failed, went to tribunal and won, then as that all took a year only a few months later i was back in with ATOS for not one but two assessments ESA and DLA within weeks of each other, bear in mind these are for the same condition, i passed my DLA and failed my ESA.

Have sent in my appeal and no doubt i will fail that too, but this time i had the assessment recorded onto cd and what the HCP put in her report does not match what is on the recording and i bet DWP dont listen to it before failing my appeal.
So i hope it does go to tribunal as i will call the HCP as a witness and have that cd played.

So the advice i would like is how do i increase my chances of getting out of the wrag and into support group? i hear only a few lucky ones get into the support group.
My condition will only get worse over time thats why i have had 3 operations to which none have worked or helped my pain.
sorry to waffle on any advice or help would be great.
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #88892 by Gordon
Replied by Gordon on topic Re:New to the site, advice needed.
jabs

You qualify for the Support Group by meeting one or more of the descriptors, see

Qualifying for the Support Group

Whilst disputing the ATOS medical report is important, especially if you believe there are discrepancies between it and your stated condition(s), you will only win your case by showing your meet the ESA descriptors for the WRAG or the Support Group.

I think it unlikely that you will be able to call the ATOS "doctor" as a witness and you should not assume that the Tribunal panel will want to spend significant time investigating the medical report.

Gordon

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

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  • jabs
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11 years 8 months ago - 11 years 8 months ago #88896 by jabs
Replied by jabs on topic Re:New to the site, advice needed.
Hi
thanks for the advice,
i will write to the courts of course to see if they would listen to the recording if it gets that far, i wouldnt just ask them out of the blue whilst im there.

Although im sure your right in saying i wouldnt be able to call the hcp to court but i can only try.

Thanks once again.
Last edit: 11 years 8 months ago by Gordon.

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