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Had reply about complaint to Atos

  • sandra
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11 years 3 months ago - 11 years 3 months ago #96863 by sandra
Replied by sandra on topic Had reply about complaint to Atos
Thanks John,
I have contacted the DWP and they told me they have received an email from Atos.The letter I had clearly said that, ' they admitted that the HCP did not have any knowledge about the illness and this was the reason she wrote it incorrectly on the medical assessment form and also they found lack of clarity in functions. The DWP said this have been passed on to the decision maker and it is entirely up to them as to what happens next. However I have not seen the email and I want to know precisely what lack of clarity of functions they were referring to. They told me that I just got to wait and see what happens. I believe I should be told and have a copy of the email so that I can take it with me to my appeal.
Do you think it is a reasonable request?
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago - 11 years 3 months ago #96869 by Gordon
Replied by Gordon on topic Had reply about complaint to Atos

sandra wrote: Thanks John,
I have contacted the DWP and they told me they have received an email from Atos.The letter I had clearly said that, ' they admitted that the HCP did not have any knowledge about the illness and this was the reason she wrote it incorrectly on the medical assessment form and also they found lack of clarity in functions. The DWP said this have been passed on to the decision maker and it is entirely up to them as to what happens next. However I have not seen the email and I want to know precisely what lack of clarity of functions they were referring to. They told me that I just got to wait and see what happens. I believe I should be told and have a copy of the email so that I can take it with me to my appeal.
Do you think it is a reasonable request?


You are in principal, entitled to see any documents that have been used to make a Decision on your claim, however, the DWP are often reluctant to make these available until a Decision has actually been made.

You should be able to request a copy by writing to your local DWP office and specifically identifying the email, additionally, if it is used by the DWP, then it should be included in any evidence sent to the Tribunal Service for your appeal, which you should also receive a copy of.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by Gordon.

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  • sandra
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11 years 3 months ago - 11 years 3 months ago #96879 by sandra
Replied by sandra on topic Had reply about complaint to Atos
Many thanks Gordon,
I will write to them and ask for this as I don't know how long it will be before my appeal date,but I don't think it will be that long as all the papers have been sent to them.
Just another question, I sent a letter in with my application of appeal stating the reasons that I thought I should be in a support group,before I received my medical report because I was worried about the time limit .
This was because I had to wait weeks before I received the medical report. I then sent in a
rather long and detailed response to the report which pointed out all the inconsistencies and errors that it contained.
However, the DM said in they must always take the first letter received with the appeal form to hold the most weight because its the first response, but I couldn't possibly have gone into the same detail in the first letter because I didn't know what the HCP had put on the report
Is this correct?
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago - 11 years 3 months ago #96885 by Gordon
Replied by Gordon on topic Had reply about complaint to Atos

sandra wrote: Many thanks Gordon,
I sent a letter in with my application of appeal stating the reasons that I thought I should be in a support group,before I received my medical report because I was worried about the time limit .
This was because I had to wait weeks before I received the medical report. I then sent in a
rather long and detailed response to the report which pointed out all the inconsistencies and errors that it contained.
However, the DM said in they must always take the first letter received with the appeal form to hold the most weight because its the first response, but I couldn't possibly have gone into the same detail in the first letter because I didn't know what the HCP had put on the report
Is this correct?

I've seen this a couple of times recently, my personal opinion is that it is rubbish, as you you rightly state, it is difficult to comment on something when you have not seen it.

Whatever the truth of it (or not), the Tribunal must look at all of the evidence with fresh eyes,.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by Gordon.

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  • sandra
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11 years 3 months ago - 11 years 3 months ago #96940 by sandra
Replied by sandra on topic Had reply about complaint to Atos
Just to update you on whats happened today. I rang the DWP to ask for a copy of the email that Atso sent them. Unfortunately they cannot seem to find it and they don't know who or where it has gone but promised to try and track it down and phone me back to let me know whats happening,ha ha!
I have now received another letter from Atos, my complaint was then put to a Clinical Manager. It states that 'He agrees with Medical Adviser lack of knowledge about the incorrectly recorded illness and about the lack of clarity that she recorded about my functions. But it then says' On the whole he feels any deficiency in the report has already been identified so its now up to the DWP'.
It does however say that my concerns have been taken seriously and action has been taken with staff members concerned.
Do you think I should send a copy of this letter to the appeal because they haven't sent a copy of this to the DWP.. Maybe I am wrong but I feel that they have at least admitted that there are errorsmade by thE HCP in this letter.
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago #96953 by Gordon
Replied by Gordon on topic Had reply about complaint to Atos

sandra wrote: Just to update you on whats happened today. I rang the DWP to ask for a copy of the email that Atso sent them. Unfortunately they cannot seem to find it and they don't know who or where it has gone but promised to try and track it down and phone me back to let me know whats happening,ha ha!
I have now received another letter from Atos, my complaint was then put to a Clinical Manager. It states that 'He agrees with Medical Adviser lack of knowledge about the incorrectly recorded illness and about the lack of clarity that she recorded about my functions. But it then says' On the whole he feels any deficiency in the report has already been identified so its now up to the DWP'.
It does however say that my concerns have been taken seriously and action has been taken with staff members concerned.
Do you think I should send a copy of this letter to the appeal because they haven't sent a copy of this to the DWP.. Maybe I am wrong but I feel that they have at least admitted that there are errorsmade by thE HCP in this letter.


I am afraid this a a decision that only you can make.

If you don't send the info, then then Tribunal may well remain ignorant of the error, and may therefore not consider your case in the proper light.

If you do send then, then there is a risk, which I can't quantify although I believe it to be low, that the report will be deemed unfit for purpose, which may result in a new assessment being required.

Gordon

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

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