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questioning what the ATOS doctor reported

  • geordie
  • Topic Author
11 years 7 months ago #91642 by geordie
Can i disagree with the statement that the ATOS doctor reported that I said. A few of the facts he reported that happened on the day of my medical did not happen. Have I the right to challenge his statement. What are the legal rights concerning this. He never cautioned me that he was going to write down our conversion or I never got the opportunity to read over what he scribed. Apparently I have only two weeks to challenge. I am on an appeal. Just waiting on the call to tell me the date. Hope you can help Georgef

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11 years 7 months ago #91646 by Gordon
geordie wrote:

Can i disagree with the statement that the ATOS doctor reported that I said. A few of the facts he reported that happened on the day of my medical did not happen. Have I the right to challenge his statement. What are the legal rights concerning this. He never cautioned me that he was going to write down our conversion or I never got the opportunity to read over what he scribed. Apparently I have only two weeks to challenge. I am on an appeal. Just waiting on the call to tell me the date. Hope you can help Georgef

The report is simply the ATOS "doctors" record of what they believed happened during the assessment, you are at liberty to disagree with any aspect of the content that you wish. Whilst the report constitutes a legal document in the context of the benefit being assessed (I assume this is ESA), it does not represent a statement by you and therefore there was no need for a caution or a signature.

I hope this explains it.

Gordon

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

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  • geordie
  • Topic Author
11 years 7 months ago #91651 by geordie
Replied by geordie on topic Re:questioning what the ATOS doctor reported
Thanks Gordon. It was just such a shock to read the ATOS Doctors statement. He reported my typical day all wrong. I dont think he was listening to me. He was on comp most of the time. Have i only two weeks to challeng his statement. It is ESA. In the letter they said they will contact me about the date of the appeal . thanks

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11 years 7 months ago #91663 by Gordon
geordie wrote:

Thanks Gordon. It was just such a shock to read the ATOS Doctors statement. He reported my typical day all wrong. I dont think he was listening to me. He was on comp most of the time. Have i only two weeks to challeng his statement. It is ESA. In the letter they said they will contact me about the date of the appeal . thanks

Forgive me but I am not sure where the two weeks is coming from :)

You have one month to lodge an appeal from the date on the Decision letter, but from your post this has already been done and accepted.

Has the Decision Maker set this time limit for you to respond in order for them to include your information in the Reconsideration process.

Gordon

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

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  • bro58
11 years 7 months ago #91665 by bro58
Hi,

This is yet another example of why it may be beneficial for members to make a request for their face to face assessments to be recorded.

See :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=87658#87658

bro58

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