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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Anyone aware of any caselaw on the (im)partiality of an atos healthcare professional?

Alice
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Community Care & Welfare Rights, Brighton Housing Trust

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Probably being very optimistic but seems odd to frequently cite their impartiality in a response given that they are in your pay…

I can find stuff on the weighting of evidence and the length of time taken to conduct the examination but not their independence / impartiality specifically.

David Holcombe
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Chest, Heart and Stroke Welfare Rights Adviser, Citizens Advice and Rights Fife,

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You might want to take a look at CE/428/2011. Per Judge Ovey:

‘That decision makes clear that there is no general rule that where there is a difference between the evidence of a medical professional producing reports for the use of the Department of Work and Pensions in making decisions as to social security benefits and the evidence of a claimant, the evidence of the medical professional should be preferred. It may be a legitimate conclusion in a particular case that a medical professional’s view is to be preferred because it is more objective and independent, but that is a conclusion only to be reached after a consideration of the particular evidence, and the claimant should not be left in the dark as to what the tribunal made of his or her evidence: that is, whether it was honest but inaccurate, was an unconscious exaggeration or was a deliberate exaggeration.’

Ros
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editor, rightsnet.org.uk

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here’s a link to CE/428/2011 -

http://www.osscsc.gov.uk/Aspx/view.aspx?id=3379

Alice
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Community Care & Welfare Rights, Brighton Housing Trust

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That’s great, thank you!