Challenging a medical report

Hi adamant and austinp , i rang DLA this afternoon and ask them to send me a copy of the extra information the DM needed,therefore requiring her to sent out the EMP , I was passed from one to another ,and eventually i spoke to a lad and explained again what i was asking for , He told me to hang on and i could speak to the DM herself , This didnt happen he came back on the phone and said if there is not enough info from your GP they will sent out an EMP ,I told him they had a four page A4 letter from my Gp with everything on it ,including diagnosis for COPD ,OSTEOPOROSIS ,OSTEOARTHRITIS three deteriation conditions ,along with others ,test results ,density scan results spirometry results for the copd ,and ask him wht i have received a periodic review ,as any one with deteriating conditions are supposed to be flagged and pulled out ,He didnt know the answer , and the DM didnt come to speak to me I wonder why .and adamant i did not refuse the examination ,I thought it was compulsory ,THE EMP absolutly didnt ask for my consent and consent wasnt given ,as they clearly know by the letter they sent which i posted that part of a few posts back ,they know they are in the wrong its trying to get them to admit it ,thanks lads your darlings ,
letitia

Letitia, that was good, you have already chipped away by asking questions and already you are finding even more discrepancies where their reasoning doesn’t add up. Austin seems to have gone along the route of complaining about Atos and had a lot of success, is that what you are doing Letitia or are you preparing an appeal against the decision of your award? Either way if it helps, you can get all the information held about your award (DMs request etc) and of these things and those that Austin suggests, in writing by going to the DWP website, typing in Data Protection and follow the links to download a form called “subject access request”.. put in all the information that you want from them.(LIMA printout etc) You can type most the details on it that you want before printing it off to be signed and posted. It’s a lot less stressful than phoning and then it is there in writing, better evidence that way.. Keep it up Letitia… regards AdamAnt

Hi adamant/letitia/Austin

I have read the thread and just to be clear. R we talking little memo's, notes, letters etc sent between one dept and another. Or disability branch and ATOS.

Do you mean that say for instance you get your tribunal bundle, and everything that is produced by both parties as evidence is included(or supposed to be)but there are other bits and pieces of paperwork that the dept havn't included as evidence, but between themselves they have too'd and fro'd with other writen infor on your particular claim.

DO I make sense here?, is the above what you mean?.

Just Interested,
Thanks
Kathy x

HI Kathy

I refer to all internal and external documents relating to your case so any emails between Atos and DWP or Atos departments for example the communication between complaints dept and the Dr involved or even between front line staff and managers asking advise. Also the people dealing with complaints will receive statements from the Dr however they will decipher the statement and give their version in the reply letter to you. You need to get the original statements as in my case what the Dr put in his statement was not what was in the letter of reply to me. Atos have an internal system mentality to try and cover up and get rid of complaints you have to dig deep to get to the truth.

They will not automatically supply you with this information as the communications can be enlightening to say the least and you will not get these documents in your appeal pack.

Austin

Hi Austin,

Thanks for the info, which in some way probably explains something I have a concern about.

I believe that the EMP who visited me in Feb had to have sight of a previuos EMP report from 2008. She specifically stated that she "could understand where the confusion arose the last time".

Now in order for her to make this statement, which I let go at the time, she must have seen something about this previous report, I made a written complaint to medical services about this as well.

When I wrote to Med/Sve's this time, I asked if she the recent EMP had sight of any previous report or complaint. My reply which came from the CMO, only answered some of the other points I disputed, but with this particular Q there was no answer.

The only thing that was stated was that all other issues should be addressed by the Appeals Team.

So it would appear to me that he does know that she had sight, but it must have been the DWP who provided this maybe.

My appeal is being recalled in 3 weeks time, so I dont know whether to ask for this info (do details in bunble) or just let it go because I have already written to the tribunal asking them to deem EMP report unfit. I was able to obtain very definite medical evidence from both my own GP and a Consultant 3 days after the EMP visit which are completely contradictory to what the EMP stated re 2 of my conditions and disproves what she has said, in fact the Consultant has now transferred me to Hospital for further investigations.

My concern with asking for their sneeky memos etc would mean that I would be getting involved in other issues in addition to what I already need to address at the tribunal. So, what I think I will do is leave it, I have made my concerns known to the tribunal, they have copy of the reply from CMO, and they can see what he has stated. If the Dept dont confirm one way or another, then the tribunal will have nothing from them to argue against what I am saying because the question at the minute has been left open, especially as a result of what way the CMO left it.

If the dept send a rep to my tribunal, I will have the opportunity to ask them direct in front of the tribunal members.

Thanks for the info Austin, it has at least prepared me for a discussion I may find myself involved in.

Letitia.....Hope you dont mind me hijacking your post, I just didnt want to start another seeing as it relates to same sort of topic.

Kathy x

hi kathy, no problem , i have received word back from med service , and they cant deny that the EMP didnt ask my consent but they said the EMP said i wasnt unhappy about the examination ,and the EMP is now saying ,(Mrs ****** didnt actually put a bra on and fasten it , but in her opinion i could ,))And i have it in writing kids ,,,The EMP stated in her report ,I puta bra on and fastened it, and wrote beside her comment (Demonstrated ),

The same as yourself kathy never answered any more of the ? i asked ,same statement as yours best to let appeal tribunal or reconsideration deal with it ,

So i have contacted them again for a full copy of the EMP statement at the investigation , we are entitled to it as adamant and austinp says ,

thanks again ,letitia