I heard just before Xmas that in spite of evidence(medical and visual) that I am unable to mobilise more than 50 metres(either once and definitely not repeatedly) without severe discomfort and exhaustion I have been moved out of the support group and into the WRAG. I have sent off an appeal letter already, but have so far been unable to see the report of the assessment. I have asked for this. Should I be able to do so, I will obviously contest anything in it that says contrary to the above, but what do I do if there is no reference to my mobility difficulties? I had a successful tribunal hearing last year because of glaring omissions in the assessment report.Is there any guidance about challenging/tackling omissions as opposed to inaccuracies on the site? Thank you.
An omission is not really any different from a discrepancy. It's still of the form "I said" vs "you said".
If you have provided evidence that you are unable to mobilse 50m and there are no references to this in the reports, then you are entitled to challenge the ATOS "doctor" and the DWP Decision Maker as to why they have ignored this evidence.
Good luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.