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Complaint to ATOS about HCP
12 years 8 months ago #64674 by Dave
Replied by Dave on topic Re:Complaint to ATOS about HCP
I have just heard from the DWP who now say I have limited capability for work back dated to the 9/2/11, and they are cancelling the appeal which was due on the 22/8/11.
Initially I thought great, but could not find what rate I was on. I have been informed by DWP that I stay on the basic rate until I have another medical (they have already sent the ESA50 form)so once again I am having to appeal their decision as a medical now would not show how I was back in January, as I was waiting for a heart op at the time as I had unstable Angina. As I have proved the decision was wrong in January.
Are they trying to make us all insane as I don't know how much more of this I can take. I have improved since January, but have new problems now I just think this is completely unfair, and they should not have cancelled the appeal if they were not going to grant me at the the WRAG status.
Initially I thought great, but could not find what rate I was on. I have been informed by DWP that I stay on the basic rate until I have another medical (they have already sent the ESA50 form)so once again I am having to appeal their decision as a medical now would not show how I was back in January, as I was waiting for a heart op at the time as I had unstable Angina. As I have proved the decision was wrong in January.
Are they trying to make us all insane as I don't know how much more of this I can take. I have improved since January, but have new problems now I just think this is completely unfair, and they should not have cancelled the appeal if they were not going to grant me at the the WRAG status.
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12 years 8 months ago #64683 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Complaint to ATOS about HCP
Dave
Sounds like the DWP want to have their cake and to eat it too.
Was the statement that you had Limited Capability for Work in writing? You can't have LCW and not be paid for it!
Based on your previous posts, it appeared that the original medical was overturned on complaint. As no effective medical had been carried out, there could be no determination of whether you had Limited Capability for Work until a new medical was held.
From a procedural perspective this is what I would have expected to happen.
However, if the DWP are now saying you have Limited Capability for Work, a Decision must have been made, and this must have used some form of medical report from ATOS. So do you know if the second ATOS "doctor" revised the original report after declaring it incomplete?
Unfortunately we can;t advise which of these sceanrios is correct, just that they would appear to mutually exclusive.
With regard to the appeal, two points; if the DWP Revise a Decision, they are entitled to cancel any appeal based on it. Secondly, if the first scenarion is correct, that no effective medical has taken place, then you cannot appeal, as no Decision can have been made.
I hope some of this makes sense
Gordon
Sounds like the DWP want to have their cake and to eat it too.
Was the statement that you had Limited Capability for Work in writing? You can't have LCW and not be paid for it!
Based on your previous posts, it appeared that the original medical was overturned on complaint. As no effective medical had been carried out, there could be no determination of whether you had Limited Capability for Work until a new medical was held.
From a procedural perspective this is what I would have expected to happen.
However, if the DWP are now saying you have Limited Capability for Work, a Decision must have been made, and this must have used some form of medical report from ATOS. So do you know if the second ATOS "doctor" revised the original report after declaring it incomplete?
Unfortunately we can;t advise which of these sceanrios is correct, just that they would appear to mutually exclusive.
With regard to the appeal, two points; if the DWP Revise a Decision, they are entitled to cancel any appeal based on it. Secondly, if the first scenarion is correct, that no effective medical has taken place, then you cannot appeal, as no Decision can have been made.
I hope some of this makes sense
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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