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DWP checking EMP reports to see “they are carrying out medicals correctly”!!!!!!!

Lawtcrav
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Halton Disability Advice & Appeals Centre

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A client knows the EMP recommended an award HRM. However, the DWP have pulled his case for check on ATOS. Client is now told another EMP report may be needed. Does anyone know of this project or had experience of it.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Sorry, not heard of it.

What I really wanted to say was, where you on “scousers telling jokes” on BBC4 the other night?

Lawtcrav
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Halton Disability Advice & Appeals Centre

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I refuse to answer that on the grounds of self-incriminating. who are you please?

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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I have exactly the same issue at the moment with a case where an EMP report was carried out on 18th June (in response to a revision erquest made in Jan!). Not getting any responses to letters at all.

WiltshireLaw
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Benefits Advisor, Wiltshire Law Centre

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Dear All

Is this subject to an appeal or an application? If appeal could you not request a judicial direction to compel release of the report?

Just a thought

Richard Stacey

Tom B (WRAMAS)
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Richard Stacey - 05 August 2013 11:22 AM

Dear All

Is this subject to an appeal or an application? If appeal could you not request a judicial direction to compel release of the report?

Just a thought

Richard Stacey

In my case the report was carried out following revision request rather than appeal unfortunately.

Would certainly be interesting to see what amendments are made.

Ros
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editor, rightsnet.org.uk

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i know dwp has been auditing atos assessments in esa cases so maybe along the same lines -

here’s link to rightsnet news story -

http://www.rightsnet.org.uk/news/story/ghsgaef.aiel/

and dwp press release on it -

https://www.gov.uk/government/news/hoban-taking-action-to-improve-the-work-capability-assessment

Lawtcrav
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Halton Disability Advice & Appeals Centre

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tbidmead - 05 August 2013 09:00 AM

I have exactly the same issue at the moment with a case where an EMP report was carried out on 18th June (in response to a revision erquest made in Jan!). Not getting any responses to letters at all.

I have had it confirmed that this is happening. Atos are now checking out whether doctors who have conducted DLA/PIP medicals have conducted the examination correctly. Evidently the cases are selected randomly. The papers are retained by ATOS, if they find errors they will interview the doctor and amend the form accordingly. The examining doctor will initial the “amendments”. Then one of two things will happen. Another doctor will be sent out to do a second medical or the form will be sent to the DWP.
This process allows ATOS to put pressure on doctors who complete favourable reports. Doctors can be forced by ATOS to change forms and turn a positive decision into a negative one.
Bottom line it is an abuse of the system potentially. If it happens to you, you have a right to see the original form and the amended. Ask for them.
NB Doctors and nurses are not allowed to amend mistakes, errors with tippex. The error and correction must be apparent.
If decision is not received 5 weeks after medical, my advice is to write asking the DWP for a copy of the form. You can check that its the original because it will have your signature on it. In fact I think we should always ask for copies of the form as soon as possible after the medical. This may prevent ATOS from amending claims negatively. However, I suspect ATOS will start to lose forms!

Lawtcrav
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ros - 05 August 2013 12:34 PM

i know dwp has been auditing atos assessments in esa cases so maybe along the same lines -

here’s link to rightsnet news story -

http://www.rightsnet.org.uk/news/story/ghsgaef.aiel/

and dwp press release on it -

https://www.gov.uk/government/news/hoban-taking-action-to-improve-the-work-capability-assessment


Thanks Admin.