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Decisions without an ATOS medical

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11 years 1 month ago - 11 years 1 month ago #100472 by MariW
Decisions without an ATOS medical was created by MariW
It is often pointed out that a claimant cannot be found fit for work without a face-to-face ATOS assessment. The ESA50 states that a decision can be made without a face-to-face assessment if enough information is provided on (and with) the form. Does ATOS call people for assessment to decide between ESA WRAG and Support Group?
Last edit: 11 years 1 month ago by Gordon.

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11 years 1 month ago #100477 by Gordon
Replied by Gordon on topic Decisions without an ATOS medical

MariW wrote: It is often pointed out that a claimant cannot be found fit for work without a face-to-face ATOS assessment. The ESA50 states that a decision can be made without a face-to-face assessment if enough information is provided on (and with) the form. Does ATOS call people for assessment to decide between ESA WRAG and Support Group?


If ATOS believe there is sufficient information in the ESA50 and evidence attached to it for them to make a recommendation to the DWP on a WRAG or Support Group placement, then they can do so without requiring the claimant to attend a face to face assessment. They cannot make a Fit for Work recommendation under these circumstances.

If there is not sufficient information or they need to evaluate the degree to which a claimant is affected, then they will require a face to face, the result of which can be a Fit for Work recommendation, or that the claimant be placed in the WRAG or the Support Group.

I am not aware of the DWP Decision Maker over-ruling the decision not to hold a f2f, but it is technically possible for them to do this, in which case, I assume, ATOS would invite the claimant to attend one.

Gordon

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

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11 years 1 month ago - 11 years 1 month ago #100479 by MariW
Replied by MariW on topic Decisions without an ATOS medical
Thanks for your detailed answer, Gordon :)
Last edit: 11 years 1 month ago by . Reason: Tick.

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