Failed Atos Medical, will claimant still get Assessment rate?

BigAunty

I believe around 40% of appealed decisions are overturned in the claimants favour.

EDIT - info here but I don't know if there is any difference between types of appeal or not.

http://www.express.co.uk/news/uk/379841/Rise-in-Atos-rulings-overturned-by-appeals

bery_451

BigAunty wrote: »

I believe around 40% of appealed decisions are overturned in the claimants favour.

Who reconsiders at the mandatory reconsiderations? ATOS or DWP?

If its DWP then does DWP have medical proffessionals in their own dept that does the decision?

40% is low compared to the pass rate at tribunal.

When_the_going_gets_tough

Since the mandatory reconsideration period is so new I am not sure there are reliable pass rate statistics available yet.

osdset

Who reconsiders at the mandatory reconsiderations? ATOS or DWP?

The DWP

If its DWP then does DWP have medical proffessionals in their own dept that does the decision?

No, the decision makers aren't medically qualified.

40% is low compared to the pass rate at tribunal.

Probably because the decision makers rubber stamp the ATOS assessment routinely.

rogerblack

When_the_going_gets_tough wrote: »

Since the mandatory reconsideration period is so new I am not sure there are reliable pass rate statistics available yet.

They have specifically refused to release statistics on this on requests made under the freedom of information act.
On the grounds that it will be later published.

bery_451

osdset wrote: »

The DWP

No, the decision makers aren't medically qualified.

Probably because the decision makers rubber stamp the ATOS assessment routinely.

If they are not medically qualified then how on earth can they reconsider? It doesnt make sense.

rogerblack

bery_451 wrote: »

If they are not medically qualified then how on earth can they reconsider? It doesnt make sense.

They look again at the evidence that was used by the first decisionmaker to make the decision. This may include opinions from 'medical services' (ATOS) about medical matters.

Similarly - if there is new medical evidence - they can seek advice on the likely meaning of this in terms of what descriptors are likely to apply.

bery_451

rogerblack wrote: »

They look again at the evidence that was used by the first decisionmaker to make the decision. This may include opinions from 'medical services' (ATOS) about medical matters.

Similarly - if there is new medical evidence - they can seek advice on the likely meaning of this in terms of what descriptors are likely to apply.

How do they obtain this new evidence? Does the claimant have to get a medical report from a private or NHS Doctor to get this new evidence?

jacques_chirac

bery_451 wrote: »

How do they obtain this new evidence? Does the claimant have to get a medical report from a private or NHS Doctor to get this new evidence?

Yes, there is an expectation on the claimant to provide evidence of their condition. Many send this with their initial claim, but if not it should be provided now. Be aware that, as this is not an NHS service, your GP may charge you for a report.

sja75

It has being mentioned elsewhere that deliberately withholding further medical evidence during the MR phase would be beneficial as it would fast track MR to the appeal stage.