Atos Medicals - Questions, Answers and Support
- Thread starter Zabo
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wobbly
the last thing i saw was posted on one of the threads. one of 'benefit anf work's lawyers said it was legal as long as they provided transcripts to the tribunal in advance, with the other evidence they wanted to use.
the only people whose decision it can be, is the tribunal service itself. the gvt/dwp is one of the parties to proceedings in this issue. they don't get to tell the other party what to do.
Bakunin
I am Noodle's bitch.
True, if memory serves it's down to the tribunal judge to decide what evidence they wish to hear based on their interpretation of relevent law. On a side note, if he can prove that his actual physical and mental condition differs vastly from the report filed by the assessor (the DWP decision makers are supposed to act on what's in the assessment itself), then that's pretty much all the tribunal will need to know.
Frumious B.
Well-Known Member
Your mate needs to discuss this with the benefitsandwork lawyer in the forum. This could be the first time this scenario has happened. You need to get expert legal advice on it, then share it with everyone else, for all our sakes.
WouldBe
Dislicksick
Supply a transcript of the recording and offer them a copy of the recording if they want to verify the transcript.
ViolentPanda
Hardly getting over it.
He's within his rights to transcribe relevant portions and submit them.
Also, check on the law around recordings. I'm fairly sure it's being misrepresented.
Minnie_the_Minx
someinenhhanding menbag and me ah bollox
Jackobi
swallows anything
His course of action depends on the reason why ESA was stopped.
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wobbly
equationgirl
Respect my existence or expect my resistance
Is he appealing, firky?
equationgirl
Respect my existence or expect my resistance
No worries, so long as he knows we're here to help.I don't know, I've told him to come here and he's registered. I don't really want to say anything as it is not my place to
I don't know, I've told him to come here and he's registered. I don't really want to say anything as it is not my place to
There's the rub, this is a big place when you're new to it. @firky, could you PM your friend and tell him which thread he needs to come to?
equationgirl
Respect my existence or expect my resistance
Well, it's not like the thread will have moved....
equationgirl
Respect my existence or expect my resistance
Not to my knowledge. You might get asked for your name.
Bakunin
I am Noodle's bitch.
It was the 22nd of November when ATOS last got in touch with me about my supposedly forthcoming medical assessment and since then I've still heard nothing whatsoever. I'm beginning to wonder whether or not they'll actually re-assess me at all. Is this the fact that PIP has been put back until 2015 or have they figured out that I'm too much of a pain in the arse for them to dick around with?
Minnie_the_Minx
someinenhhanding menbag and me ah bollox
I bumped into an old friend last night who told me his sister is now off benefits completely after she was declared fit for work. She has spondylosis and hasn't worked for years.
Another of my friends rang me. She's been told she must attend an assessment. She's had breast cancer and has spent years having reconstructions that kept going wrong. Now also has a pacemaker. On latest CT have discovered something on her kidneys and now she's awaiting a PETT scan (can't have MRI because of pacemaker) to investigate more lesions found elsewhere. She's told them she has no intention of going and if she loses her money, she loses it. Said she's not up for fighting with them.
Another of my friends rang me. She's been told she must attend an assessment. She's had breast cancer and has spent years having reconstructions that kept going wrong. Now also has a pacemaker. On latest CT have discovered something on her kidneys and now she's awaiting a PETT scan (can't have MRI because of pacemaker) to investigate more lesions found elsewhere. She's told them she has no intention of going and if she loses her money, she loses it. Said she's not up for fighting with them.
equationgirl
Respect my existence or expect my resistance
So sorry to hear that Minnie, I hope she is ok.I bumped into an old friend last night who told me his sister is now off benefits completely after she was declared fit for work. She has spondylosis and hasn't worked for years.
Another of my friends rang me. She's been told she must attend an assessment. She's had breast cancer and has spent years having reconstructions that kept going wrong. Now also has a pacemaker. On latest CT have discovered something on her kidneys and now she's awaiting a PETT scan (can't have MRI because of pacemaker) to investigate more lesions found elsewhere. She's told them she has no intention of going and if she loses her money, she loses it. Said she's not up for fighting with them.
WouldBe
Dislicksick
No or at least my sister didn't when she acompanied me.
How on earth do they expect her to work with that? Telepathically?
Another of my friends rang me. She's been told she must attend an assessment. She's had breast cancer and has spent years having reconstructions that kept going wrong. Now also has a pacemaker. On latest CT have discovered something on her kidneys and now she's awaiting a PETT scan (can't have MRI because of pacemaker) to investigate more lesions found elsewhere. She's told them she has no intention of going and if she loses her money, she loses it. Said she's not up for fighting with them.
Bad move IMO. You can't let the buggers win. Perhaps she could request a home assessment? Or ask that an assessment should wait until after the PETT scan?
I've just seen this, that's just awful!
The problem will be that he did, unfortunately, complete an ESA50 without knowing the points system , so didn't get as far as an assessment.
equationgirl
Respect my existence or expect my resistance
Yes - that's the shitty thing, they don't automatically move you over, they assume you don't need the money.
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