Failed Atos Medical, will claimant still get Assessment rate?

osdset

I think there is a good case for arguing that it's only at tribunal stage that medical evidence is given the weight it deserves, or even considered at all.

There have been a few cases documented on Rightsnet of tribunal judges voicing concern that the case was brought before them in the first place. Apart from compelling medical evidence, some of the appellants were obviously unfit for work based on a visual appraisal alone.

There should be some accountability going on.

ATOS and the DWP should be culpable where medical evidence was provided at, or in advance of the WCA and subsequently disregarded. The tribunals should be able to force ATOS and/or the DWP at the very least, to pay for the costs of the appeal and the appellants expenses in these cases.

bery_451

Ok so far I understand that:

DWP will only reconsider if fresh new medical evidence is handed to them by the claimant?

Is the claimant obliged to give in medical evidence if he/she has it?

So it is advised that not to give in medical evidence to fast track mandatory reconsiderations to appeals/tribunal then surprise the defendant (DWP/ATOS) at court with medical evidence at last minute so the defendant have short notice to build a defence against it?

Does any evidence need to be declared in advance to both parties and the judge so there are no objections in court?

Lol this is becoming more like the OJ Simpson murder trial just for disability benefit. Crazy.

Indie_Kid

You're not obliged to give medical evidence. But it would help your claim if you did. I sent in medical evidence with my ESA50 and got put into the support group with no face to face.

bery_451

sh1305 wrote: »

You're not obliged to give medical evidence. But it would help your claim if you did. I sent in medical evidence with my ESA50 and got put into the support group with no face to face.

Probably you did that years ago when it was easier. However all claimants must have a medical assessment nowadays right?

Indie_Kid

bery_451 wrote: »

Probably you did that years ago when it was easier. However all claimants must have a medical assessment nowadays right?

No. This was last year.

sja75

Many posts from the OP. Not many thanks or thanks in reply. Hello...

bery_451

I hope this thread benefits anyone in a similar situation reading this.

I hear stories that ATOS and DWP completely ignore the medical evidence so theres no point handed it in. And it is best saved at the end for court.

Without the statistical pass rate for mandatory reconsiderations a claimant cant decide whether to hand in evidence or hand it in at the last stage at court.

rogerblack

bery_451 wrote: »

I hope this thread benefits anyone in a similar situation reading this.

I hear stories that ATOS and DWP completely ignore the medical evidence so theres no point handed it in. And it is best saved at the end for court.

Oh look at who it is.

ATOS and the DWP while perhaps not putting as much weight on medical evidence as they might, do not ignore it as a matter of policy.

Failing to provide as much information as you can at the beginning risks the initial dissalowance of a claim.
The default position is then at the reconsideration that the decision will only be overturned if it was clearly wrong.

There is nothing possible you can gain by intentionally not supplying information you hold at the initial application time.

The tribunal will not always make the correct decision.

Getting the correct decision early means you don't risk a further wrong decision, in addition to possibly spending most of a year waiting for the tribunal.

bery_451

Ok only time will tell and lets see soon from the statistical pass rate of mandatory considerations to see whether mandatory reconsiderations are worth the hassle and time.

rogerblack

bery_451 wrote: »

Ok only time will tell and lets see soon from the statistical pass rate of mandatory considerations to see whether mandatory reconsiderations are worth the hassle and time.

The first lot of statistics is essentially irrelevant to a large degree.
These will be largely composed of fresh PIP applicants who got a speedy decision.
With the speed of getting any decision - nevermind going through the reconsideration process - and the fact that the figures will be extremely distorted by a large number of applicants under 'special rules' (terminal illness) - any statistics in the spring are going to be almost meaningless, unless they are properly broken down by claim subtype - which they may not be.