Theoretically, is it better to go into an appeal or dispute with ATOS and DWP focusing on technical mistakes they made, or on medical facts?

After reading some of the other members' questions and difficulties with the DWP and ATOS, and knowing from my own experiences that USUALLY if not ALWAYS, they tell lies, mix up facts, make things up, and fail miserably to even follow their own complicated rules and guidelines. I am wondering this:

When dealing with problems and appeals, do you all think it is more effective to focus on the stuff they have done illegally or incorrectly which a judge could use to throw out their decision? Or, do you think it's best to only use your medical evidence and eligibility for benefits, which they seem to ignore in large part and don't rule fairly on, even according to what they officially say people should be eligible for?

4 Replies

  • You are not subject to criminal law here, so anything the DWP do wrong will never be classed as illegal, they can and do make mistakes all day long. To beat them, present your medical evidence with the descriptors you think they should have used, then cross your fingers and hope the tribunal agrees with you.

  • I appealled with medical evidence and then tore holes in the Health report they did and challenged all but 3 of their medical statements. I sent a 4 page letter (too 3 weeks to do) and a pile of paperwork stapled to the appeal form, I got transfered from the Work Activity to the support group for 18months. Better to send too much than not enough I always think, do try to put it in some sort of order though.

  • I have also had similar happen to myself with the DWP. I did appeal with the medical evidence I had and won my appeal, it was how aever very very stressfull I had help from adult Social Services also backing me up inface a lovely lady from Adult Social Srvices came along with me to the appeal. Atos are a law unto them selves I know this from several medical interagations I have had to sufffer by ATOS so called medical staff apart from one very very nice lady but then the desicion makers disagreed with her findings so all I can say is appeal with written statements and reports from any of the NHS medical support team dealing with you. Good luck with your appeal.

  • please excuse typo's is just how my fingers work these days lol! gotta keep smiling I'm hoping my fingers will behave one day soon :-)

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