Atos letter

helen6

After getting turned down for dla after a tribunal I received a letter from atos customer relations team which says that because I had expressed concerns about my dla assessment they want my authorisation to conduct a thorough and full investigation (their words).
Has anyone else had this letter? I`m not bothered about them reading what I thought about the doctor but if I ever decide to put in for dla again could what I had written go against me?
Also is there any point appealing to the upper tribunal?

dmg24

To appeal to the Upper Tribunal you would *usually* need evidence that the Tribunal had erred on a point of law, is that the case?

helen6

I`ve just found out that I have to write to them for a statement of reasons and if there is a point of law query then appeal to the upper tribunal. Given the amount of time people are waiting on medicals and tribunals I would probably be better just waiting and then make a new claim if I feel up to it

dmg24

helen6 wrote: »

I`ve just found out that I have to write to them for a statement of reasons and if there is a point of law query then appeal to the upper tribunal. Given the amount of time people are waiting on medicals and tribunals I would probably be better just waiting and then make a new claim if I feel up to it

Whilst the Tribunal panel are human and therefore capable of mistakes, they very rarely do make one. Did you have representation at the Tribunal, or help preparing your case?

helen6

I did not have a representative because for a period of about 9 months there was no cab office in my town and I was stupid enough to think that they would see how much pain I was in and how much restrictions on what I can do. I did realise when I went for the first tribunal date that got abandoned because the dss didn`t send me a typewritten copy of the doctors notes that I should have had somebody to help. I did try and get a date at the cab office but the 1st one I could get was 25th November which was too late as the date I got in for the 2nd tribunal was the 12th October, I know you are very helpful so should I let Atos look at what I had written about the doctors report?

dmg24

I think it is very positive that ATOS want to investigate your concerns. However, this will not affect your failed claim, that is over and done with now. The only way it would affect a future claim would be if ATOS agreed that there were errors and fed this back to the DWP. When the DM looks at a new claim they are likely to look at the old report, if they know it is inaccurate they will discount it.