They may well have from the point of view of the DWP. But where in all of that is their responsibility to ensure that the decision is balanced based on evidence from my side of the fence (to back up what I put on the claim form?) Or are you suggesting that there is a conspiracy with ATOS and the DWP involved? The law is clearly on my side in that ATOS have to come to a balanced opinion. You seem to be also suggesting that ATOS will come up with their version without having to show why my claim form isn't also truthful. Still, I'm in court tomorrow so we will have to see what happens. I can always put in another claim.

No it isn't. Every document that I have read so far says that the claimant is not required to send in any evidence and they are not required to go hunting for it either. This is an extract from the request for further evidence for a review by the government this year: "Key to the accuracy and quality of the assessment is getting the best, most relevant evidence (known as further evidence) from a variety of sources including GPs, hospitals, social workers, family members, carers and existing DLA information. Claimants can send supporting evidence with their 'How your disability affects you' form but they do not have to do so. It is part of the Atos or Capita health professional’s role to consider what additional evidence will help them in providing advice on the claim to the DWP. They are responsible for requesting it from people listed on the claimants’ form where they feel it is necessary." I have gone along with this statement and many more besides including what was on the claim from. I don't have to prove anything it seems. Do you have a link to anything official that will back up what you are saying? How your claim ended up is how it should be except that the evidence should have been requested before they made the initial decision and not left until the day of the Tribunal hearing I am hoping and expecting that the Tribunal should do the same for me as it is only fair.

That does surprise me. From what I have read and heard, if you pay debts off that aren't legally due, then you can't use the money that way, only carry on paying the minimum each month.

I didn't know that. Next reclaim for PIP I make I will record the conversation.

I ended up like that. My GP gave me a new sick note for 3 months from when the old one ran out which was just after the decision that I was fit for work. I made a telephone call (as per what the BDC told me) to the jobcentre to claim JSA whilst waiting for the ESA reconsideration. At the appointment they asked me if I was fit for work 30+ hours a week. I laughed and gave them a copy of my 6 pages of monthly repeat prescriptions and the new sick note. I was told that I could not claim JSA and should be claiming ESA. Here we go again I thought to myself. It ended in a row in the jobcentre and I was escorted out. I was without any money for nearly 7 weeks, £1350 in debt, until I had my ESA appeal accepted. Eventually I received the 7 weeks of back pay and the council released the outstanding housing benefit so I could pay my landlord. Fantastic system isn't it?

Thanks, at least I am not the only one that is having to go through this. Do you know I have read countless documents and forms including going through the last review calling for evidence in June and they all say that the claimant is NOT required to send in any evidence at all. The government make a point in saying that it is for ATOS or CAPITA to request the evidence if they feel that it will help to give a more balanced opinion. Why on earth you were told this I don't know but it goes against what the government say. My Tribunal is on Monday so not able to get any reports and couldn't afford them even if I asked. Besides which I have no idea who to ask or what to say. I'm just going ahead to tell the Tribunal that what I put on the form is true and that if they want to confirm it they should make ATOS get the evidence for me/them. Why should we do all of the running about when it isn't our job to do it? If my appeal fails I'll just put another claim in and carry on doing so until someone does something.

Like the name suggests I have tangles with most government offices over the past 5 years. I'm now back with the DWP again. I put in for a claim of PIP last year which failed as did the reconsideration. So back to a Tribunal on Monday (24th). My argument with the DWP all the way through is that they have no obtained any independent evidence from either the GP, the Consultant or the Social Worker. They have only relied on the meeting I had with their medical people and the claim form. Now I have researched and researched and in every case based on government sites it clearly says that ATOS are responsible for getting independent evidence to back up my claim. I don't have any evidence at all to prove what I say. So I am expecting ATOS to be fair and ask for it AND PAY FOR IT! I don't have the money and cannot start chasing around everywhere. Does anybody have any definite sources from the net that confirms what I am going to say to the Tribunal?