how can atos not want to examine you and just go off your medical report for 2 years running and 2 reports later?

the last time i was examined by an atos doctor was 2 year ago since then they have sent me 2 esa50 forms to fill in and both times didnt want to see me but kept me in the wrag group first it was for a year then just got word they dont want to see again but have kept me in the wrag this time for 18 months? this is totally not fair im waiting for my date for tribunal, can anyone help me with this? and do i have a good case if they dont examine me and just go off my medical forms i filled in xxx

4 Replies

  • i failed my 1st tribunal , the courts sent a dwp doctor out to see me and his report was fantastic he went in my favour also in his opinion i could only walk 30 metres before severe discomfort, and that it is highly unlikely my condition will improve, but then the tribunal back tracked and said they couldnt use that information as after my original claim, i sent a copy off to atos with my new medical form in feb and just been told on fone from esa that im staying in wrag for 18 months and dont need a medical?? ive asked for a copy of that report so ill see what they have to say now, i feel like im hitting a brick wall all the time?? been fighting this for over a year now, how can atos get away with doing no medicals and coming up with how long long they think i might be fit for work the 1st time was a year and this time its 18 months???? i dont get any money off esa it ended a year ago when i had had it for a year, they just dont want to give people money, THIS TOTALLY STINKS xxx

  • I agree with Esagestapo below that not having to go through the stress of an examination whenever ATOS feel like it is a blessing. You say that you are fighting an ESA claim having been put in the WRAG for 18 months, but then you say that you don't get anything off ESA as it ended after a year. Are you fighting for your back dated money from when you were claiming contributions based ESA? Did they offer you the forms to claim income based ESA before the contributions ESA ran out? The biggest problem I have with the DWP is they will not volunteer information regarding what you may be entitled to, you have to ask, so if I were you I would ring them and ask what you may be able to claim given your circumstances, you may find out that you are entitled to something you didn't know about.

    Hope it all works out for you. :)

  • That's a good result IMO, not having to attend ATOS medicals. Do they have to examine you first? I am not sure if it makes any difference how they decide, from the evidence you sent them or in person, what difference does it make apart from saving you the hassle of attending their flawed medicals.

    You have an appeal going so it is up to a Tribunal to decide what group they think you should be in, based on the same evidence you sent to ATOS. Hope you win. :)

  • i was on esa contributions and it finished after a year last april, i cant claim income esa as my husband works over 24 hours, why im going to tribunal is as my health has deteriorated im appealing to get in support group, dwp are still making their case from a esa50 that i filled in a year ago which i had wrote i could not manage to walk 100 metres, and not the latest one from last feb this year as i stated in that one 30 metre with a dwp backing that, im still waiting for the new atos report dying to see what theyve said about me, thanks for you support guys xxx

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