Quick question.... can a favourable ATOS report be used as evidence in an ESA claim? The reason im asking is that my doctor is a fence sitter, so much so he probably has splinters in his, well, you get the picture. He has recently orderly a motorized wheelchair for me and face-to-face is very sympathetic and will acknowledge my disabilities, yet when he has to fill out a form he is not at all supportive. Dont ask me why, i have no idea. I had an ATOS medical in my home which was very supportive, the DLA tribunal said the doctor who came to me was the 'toughest' they had so they very much valued what he said in the report. I was thinking though, when it comes to transferring from IB to ESA, can i use the ATOS report as evidence to support my case? Unfortunately changing my GP is not an option as i live out in the sticks and the nearest town is 30 miles away, my GP is a sole practitioner.
The two problems with using a DLA report for ESA purposes are that they are completely different tests and it could be out of date by the time of your ESA transfer.
However this does not seem to stop the DWP from using ESA reports to deny claimants DLA, so if you feel there is anything on the DLA report that supports your claim to any of the descriptors in the WCA it may be worth including as evidence, and stating that you condition has not changed since the report, assuming that is the case.
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