Atos' response to our complaint not considered

I applied for DLA for my child 10 month ago but was turned down. The EMP's report was inaccurate with many errors. The DWP advised that should we complain about the EMP report the appeal would be delayed. We went ahead with our complaint anyway!

We were advised by the DWP on 6 Jan that the decision couldn't be changed and the appeal would go ahead. We received the submission papers which don't include Atos' response to our complaint. The DWP admitted that they didn't receive Atos' response until 18 Jan which was after we received the submission papers!

They have not considered the response from Atos in which the EMP admits that he made several errors.

Does anyone know the best way forward with this?

Thanks in advance.

Hi mot91

You are entitled to submit written evidence to the tribunal yourself. Any evidence you send will be copied, the pages will be numbered and added to the appeal bundle that the tribunal have to consider, and copies will be sent back to you, and also sent to the DWP.

If the response from ATOS is not included in the appeal bundle, you can submit it yourself, along with any comments you have.

Hope this is helpful

Derek

Hi mot91,

You could also write to the clerk to the tribunal requesting that a tribunal judge be asked to issue a direction that the DWP must make a submission about the complaint.

Good luck,

Steve

Hi Steve and Derek,

thank you both for your helpful replies! I have sent a copy to the Appeals Service and also a copy with covering letter to the DWP using the 'Letter from claimant to decision maker requesting reconsideration because of additional evidence, DLA' template from this site.

Thanks again!