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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ATOS Home Visit : At my wits end


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I had a nightmare with ATOS too. Although my situation was different it was similar in that they had originally given my partner a home appointment then when the date didnt suit and i changed it they started giving me hassle and just like you we got a letter miraculously dated the day before i had called them saying we had to go to the assessment centre which was not possible for him. I called and complained and was told that the medical decision maker had decided he could go so i asked how they had come to that decision and it turned out they hadnt contacted our gp at all! I was given a phone number to pass on to the gp and they called and spoke to the medical decision maker on our behalf (they dont speak to claimants or their partners/carers, just other medical professionals). i did have to follow it up with a further phone call or two but it did get sorted after that, would your gp be willing to call them?

 

Definitely make a complaint though. I actually havent gotten round to making a formal complaint yet there has just been so much going on but I just feel that I owe it to the people who have no one to help them through this process to complain about the way my partner was treated by atos, he would have been completely unable to handle the situation himself. I complained to DWP and they admitted to me there have been many similar complaints but I really do need to get a letter off to atos.

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Why would she not let you cancel? was it because it was a cancellation of a second appointment? I ask because they did that exact same thing to me. Call DWP and explain and they should tell ATOS to let you cancel it because it is unsuitable. DWP are in charge of the benefit but unfortunately ATOS are in charge of the medicals, however DWP overturned one of their decisions in my case so it might be worth calling them. Just explain that you are currently awaiting evidence that your husband is housebound which to be fair you shouldnt have to do, they should be contacting the GP rather than make you do the running around. I had to leave the appointment to stand while i did all the running about so that would be my advice, dont worry about the outstanding appointment at the moment because you still have plenty of time before it. Work on getting that letter to them which will arrive in plenty of time, make sure you keep a copy and I would personally include a letter of complaint about the way you are being treated.

 

Please try not to panic. You will have the evidence you need in plenty of time. they surely cannot ignore a doctors letter. I know in our case our doctor called and spoke to them and within a few days we had a letter saying they agreed he could have a home appointment so not to come to the one we had for the centre but instead to await a home appointment which came through pretty quickly

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Hi Just rang Atos again, spoke to another robot, she said the same thing, after several minutes she started to become human she told me that they hardly do paper assessments, and that there will not be enough information about my husband? she said that they wanted a face to face so that they can ask him a lot of questions? They can't get all the information and answers to questions they want from his GP. They have contacted the GP surgery 5 times (which I think is a lie) (two years ago, whilst we were going through this with the ESA, and I took it to a second tribunal someone told me to ask for my case file history, and they sent me about several hundreds of pages including asking his surgery questions and getting paid to answer, they never asked the GP anything).

She said that she would see if he could get another home visit, so I told her that he would not speak to anyone, she then said that she could not cancel the 1st Aug appointment, I told her that I was going to see my MP, and phone the DWP, she then said get the GP to ring up and speak to atos, just phone atos no name just whom ever he gets to pick the phone up.

So that is how I have left it with Atos, he still has his Aug 1st appointment?

 

Pretty much exactly what they did with us. we had to leave the appointment outstanding while waiting for it to be changed. Did they give you a number for the GP to call or is he just to call the call centre? Make sure he knows he needs to speak to the medical decision makers.

 

My partner hardly spoke at his home appointment, i was allowed to do most of the talking.

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Just been to get his letter from the Dr, £16.50 to pay it said on the envelope ?

 

To Whom It May Concern

 

Dear Sir/Madam

 

Then my husbands name and DOB and address.

 

Mr ---- ------ suffers with severe anxiety and due to this will not be able to undertake a home assessment.

If you require any further information please do not hesitate to contact myself.

Yours sincerely

 

Dr name and medical number

 

Do you think that that might be enough ???

 

I would have liked to see the dr go into more detail but at least it opens up a line of communication between the gp and atos. Send it off and follow it up with a phone call a few days later

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I am glad you got the right result in the end. I am still to do my complaint too, life keeps getting in the way but I am now about to start the whole thing over again as my mum is being transitioned from DLA to PIP and she is in such a state about the whole thing.

 

I had a similar experience to you, most people I spoke to just read off their script and werent really that helpful but i got one person (who would you believe i spoke to twice randomly when i called) who was really willing to help, told me exactly what i needed to do and made sure the notes on the file reflected what was happening.

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