@speedfreek When I filed my appeal I sent a short letter explaining why I felt the decision was wrong it was short sweet and to the point. when I received the copy of my WCAas part of the appeals process i sent the DWP a 36 page letter, where I outlined every single inaccuracy in the Dr's report, where he had ignored answers given on the esa50, completely contradicted himself in the report a good example being on one page he had stated I suffered NO side effects or adverse effects from my medication and my condition was "controlled" by my medication, the next page actually wrote "..Is no longer on medication due a severe side effect which lead to MR ..... being taken to hospital by ambulance with suspected heart problems.." I also answered every single question on the WCA giving an answer and a justification for that answer. when the DWP received that letter from me the actual DM who decided my claim originally phoned me to discuss the points raised and basically said his hands were tied as he could only go off the WCA report he had, but under the circumstances having read all my points, once he had heard back from ATOS if they agreed with my complaints he would request i be given a new WCA as a matter of urgency regardless of the fact I filed an appeal. This is why i mentioned a new WCA as that is what the DWP told me would be happening. I will add i have the actual copies of the notes on my account now from the dm stating this, as I put in a data protection request for the notes held on my account. that was in FEB, they received the letter from ATOS in March and have waited till now to admit they had it. This is the only point i wanted advice on. I have no problem with the actual descriptors questionaire as i have already as i said given the answers i would have given, had i been asked and justification for each. I have the letter from ATOS stating the WCA was flawed beyond belief and why their own doctor who reviewed my wca and esa50 stated it was his opinion i would be "unfit for work", and numerous letters from both my doctor and neurologist detailing my condition both pre and post the WCA. It just the fact I wanted to see if it was possible to "expose" in some way ,want of a better word. The complete waste of time and money and unneeded stress this whole tribunal has caused as the DWP could have settled the issue nearly 6 months ago .

So when i go to the tribunal they will basically only deal with myself demonstrating why i consider I fit certain answers on the WCA this is the bit im worried about as the "doctor" answered every question without asking me, i didn't even know there was a questionnaire until i got a copy of it. (yes i should have reseached it better but the dwp had lead me to believe that it was a mere formality andIi was going to be put onto the work related grouping regardless as i wasn't able to claim jsa due to not meeting the ability to work criteria) so basically my plan was/is to show the tribunal the evidence that i wasn't questioned and i assume they would then need to ask me what my answers would have been correct? so basically the tribunal for me will be me answering the descriptors i wasnt asked before.

I have read everything i can find on the appeals process, my actual question was more along the lines of how can i present my case in the appeal to show that the DWP have sat on the fact they knew in march my WCA was incorrectly done, and knew ATOS had requested I was given another WCA Basically the DWP has made me wait till now for no reason, and in doing so wasted the tribunals time and mine for an appeal that needed not to have been started.

I have my appeal in three weeks and although I had received the copies of my wca assessment and esa50 form months previously today I finally received the documents the DWP had presented as additional evidence. You guys will like this, and why i need advice as to my best way forward at this point. I suffer from chronic cluster headaches you'll have to google it yourself as i cant post a link. So back in Jan I went for my WCA, to give you an idea of just how bad it was. I filed a separate complaint with ATOS over it who in march sent me a letter which described the WCA and DR as "unprofessional and unfortunate", and offering their sincere apologies and wanted me to know they had sent a copy of their findings to the DWP asking them to request a new WCA be given to myself asap as it was their opinion it should be disqualified .without going into the whole ins and outs, My WCA lasted 6 mins, the doctor admitted making up the answers on the questionaire using his "professional opinion" and my favourite part the doctor had actually added a hand written note at the end stating i offered no medical evidence i had a condition and was suffering from nothing more than eye strain in his opinion as i had said i have reading glasses but forgot to bring them as i hated wearing them. (even though he actually quoted verbatim from both my esa50 and from two of the letters i gave him copies of, from my neurologist in another part of the assessment report) Since march i have constantly been phoning the DWP about this letter, Even though I know ATOS sent them a copy, I have faxed two copies of it and sent it to them recorded delivery they at every phonecall point blankly refused to admit they had it until today.. Today i received from the Tribunal service a copy of the DWP'S notes and evidence and lo and behold there is the letter from ATOS and a note stating a DM had looked at it in MARCH and had concluded that the original WCA was valid, so there was no need to request a new WCA. The letter ATOS sent the DWP is almost the same as mine but adds that their own doctor who reviewed my esa50 and medical documents completely disagrees with the WCA assessment and he would have considered it a foregone conclusions I was unfit for work just by my medical documents alone (letters from both my GP and neurologist) .It also says they request the DWP should issue a request for a new WCA. to say im fuming about this is an understatement, but my question to you is what would be my best course of action now in regards to my tribunal, i am fairly certain i will win just on the medical evidence alone. But also want to make sure that the DWPs actions are included and highlighted as it shows a complete lack of professionalism and decency as they have basically sat on the ATOS letter/opinions and findings for months and lied to me continually every time i asked about it.