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Saturday, 5 November 2011

FoI Act Request - Who makes what decision?

5 November 2011
Dear Department for Work and Pensions,

At my last visit to Atos, the HCP was quite clear that she was only performing a medical assessment and the WCA is performed by a DWP Decision Maker. The WCA then dictates whether or not ESA is paid and at what level. However, DWP015
(
http://www.direct.gov.uk/prod_consum_dg/...(http://www.direct.gov.uk/prod_consum_dg/...)
) states, “The medical assessment may find that you are able to work”, which means the Atos HCP determines capability to work.


Please clarify who actually decides whether or not I am able to work as it is this that determines ESA payments– Atos HCP or DWP Decision Maker?

This is important due to the large error rate discovered at tribunal, often based on EXACTLY the same information that was available to both the DM and HCP – they may have additional information in some cases, but not always.

Yours faithfully,

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