Those trying to claim DLA but being prevented by DWP ATOS medical information.

dori2o

I remember reading a post on here some time ago where the person would no claim DLA as there was an old ATOS medical that claime d they were fit for work and had no disabilities.

Well this may be useful

http://www.cpag.org.uk/cro/wrb/wrb212/weighing.htm

in short terms it states that medical evidence should be taken into account before that of a DWP ATOS medical examination. It provides all the case law references you may need if this is a stumbling block in your claim.

Richie-from-the-Boro

Look for decision number CDLA/810/1998 [ Commissioner J P Powell ] The decision looked at the balance [ weight ] and how it should be applied to any given piece of evidence. Para 9 stated :

“An important part of the work of tribunal / Social Security Law relates to the weighing up of medical evidence and the resolution arising out of such evidence. Clearly, in deciding what weight is to be given to a particular piece of evidence, one of the factors may be the amount of contact the person giving the evidence has with the appellant.”

The thing is dori2o, they can decide which to give most to .. .. but must consider all.

Hope this helps M8