ESA award ending

rogerblack

epitome wrote: »

Meanwhile you either starve to death or claim JSA.

Good advice.

Roger will know what ATOS are required and not required to do.

ATOS are required in law to do almost nothing, it's all in the contract, which is mostly not public.

To respond to the poster sometimes known as Tumboodles apparent misunderstanding.

The decisionmaking process is _NOT_ required to gather evidence to a similar standard to the criminal process.
There isn't a requirement for proof 'beyond a reasonable doubt' - merely the balance of probabilities.

In law, the decisionmaker has wide discretion.
They can, if they choose, go to shopping centres, and say 'you're looking a bit poorly, sign here' - and treat that signature as a claim, and require only a sicknote to place the person in the support group.

Needless to say, they don't do this.
The general procedure revealed by the recent court case which was going into the discrimination against mentally ill ESA claimants is that for claimants who it is not clear on the available evidence that they should be in the support group - no medical evidence from their GP will be obtained.

This, combined with the fact that decisions are only overturned if they are clearly wrong. If you supply new evidence it has to overcome the weight of an existing decision, rather than the first decision being the correct one.

skintmacflint

tumboodle wrote: »

I fully understand and appreciate what you are saying, but doing it that way and not holding the DWP/ATOS to account for their failure to make a decision that is fully justified and evidence based is not doing anybody any favours. You shouldn't just turn the other cheek and accept their failure to do their job properly. I would also be asking for a full report from the DWP how the decision came about and on what evidence it was based as well as asking them to explain how that evidence was used. You have to stand up and be counted and refuse to be maltreated.

Looks like Andy is back on one of his favourite subjects again.

Poppie68

skintmacflint wrote: »

Looks like Andy is back on one of his favourite subjects again.

Andy really needs to be trying harder he keeps playing the same broken record it's getting easier and quicker to call him out...no fun at all.