Lack of medical evidence

SoulMan wrote:

I am waiting for a copy of a medical report from my orthopedic consultant that i feel will help my claim for ESA in a huge way.

However i have a medical exam with atos in 2 weeks and i don't think i will receive the report in time.

My question is will the ATOS HCP make a prognosis based on my symptoms alone? and if i say i can't do something will they have to give a good reason why i could do it? for example if i say i can't do a specif thing due to pain such as mobilize a wheel chair. would they have to give a reason based on their obsevations of you on the day or based on the information you tell them? ie they can't just make up a reason without backing it up with evidence? or can they just say i don't think his pain is as bad as he says?

In principle, yes, the ATOS "doctor" has to justify their findings when they complete the medical report, this is usually documented on an ESA85S Personal Summary, however, based on comments from the forum, these are not always produced.

However, the interview is not conducted in a fashion where you will be asked direct questions such as can you do something. Most questions are indirect, for example; what do you watch on TV? From this the "doctor" can make assumptions regarding your attention span, how long you can remain sitting, etc.

So, as an example; it will be unlikely in the extreme that you will be asked how far you can mobilise, rather they will consider how you got to the assessment, how far you might have walked from your house to a bus stop, they will accurately know the distance from the nearest bus stop or parking space to the waiting roomm, they will time you walking to the examination room, which will again have been measured. All of this will allow them to state an opinion on how far you can mobilise.

As always, you have the right to challenge any opinion stated by the ATOS "doctor", and the DWP Decision Maker should not simply take their recomendations as is, but should be reviewing your ESA50 and evidence to see if there are discrepancies, but these may be matters that have to be challenged after a Decision has been made on your claim.

Of course we usually only hear about the bad assessments on the forum, very few members take the time to post about how good the experience was, and yet the reality is that the majority of assessments are done fairly and accurately, and it is perfectly possible that this will happen in your case.

Good luck

Gordon