- Posts: 51288
× Members
Challenging the ESA85/ATOS Medical report
12 years 7 months ago #87839 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Challenging the ESA85/ATOS Medical report
Tilly
At the risk of opening a can of worms on this subject
The ATOS HCP is told to, wherever possible. to express opinions as to how a claimant meets the ESA descriptors and to supply justification of these. As opinions, the situation is not so black and white as you are painting it, however, following your thoughts through.
By completely negating the medical report you create a dilemma for the Decision Maker or a Tribunal Panel. There has to be a medical report prepared by a qualified Disability Analyst, if there is not one, then either a new ATOS HCP will attempt to compile one from the existing notes, or a new medical must be ordered, putting the claimant back at square one and probably several months further down the claim process!
As Mrs H points out, whilst de-bunking the medical report is important, you will not be awarded a benefit unless you can show that you meet the criteria and this should always be the focus of someone challenging a Decision.
Gordon
At the risk of opening a can of worms on this subject
The ATOS HCP is told to, wherever possible. to express opinions as to how a claimant meets the ESA descriptors and to supply justification of these. As opinions, the situation is not so black and white as you are painting it, however, following your thoughts through.
By completely negating the medical report you create a dilemma for the Decision Maker or a Tribunal Panel. There has to be a medical report prepared by a qualified Disability Analyst, if there is not one, then either a new ATOS HCP will attempt to compile one from the existing notes, or a new medical must be ordered, putting the claimant back at square one and probably several months further down the claim process!
As Mrs H points out, whilst de-bunking the medical report is important, you will not be awarded a benefit unless you can show that you meet the criteria and this should always be the focus of someone challenging a Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
12 years 7 months ago #87842 by Tilly
Replied by Tilly on topic Re:Challenging the ESA85/ATOS Medical report
Hi Gordon and thanks for the info. I will definitely be showing how I meet the criteria whilst I am de-bunking the medical report.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David