Medical Review and PIP

Hello all, Currently I have to have a yearly medical review for my esa award, however as they, (Atos) were given a copy of my whole hospital records and doctor records at last review, and my condition is progressive ie it will NEVER get better, then if they contact me in the next month will I be able to bring harassment charges against them as per the above they know I will only steadily degrade, also as and when my dla award is transferd to pip it will probably be done at the same Atos centre, would I be within my rights to inform them they already have a copy of the records as mentioned above..

regards wupps

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I'm afraid that legislation allows for the periodic reassessment of claimants. I don't think you would get anywhere by trying to claim harrassment as the whole ethos of the welfare reforms was that all claimants would undergo these reassessments rather than being allowed to 'languish on benefits' (their words, not mine!).

Claimants' records are not kept long-term, in some cases they are destroyed quite quickly. You certainly should not assume that DWP or ATOS have any prior knowledge of your situation when you submit the assessment forms. In particular, you must remember that both ESa and PIP focus entirely on the limitations caused by your condition, rather than the condition itself.

I certainly would not trust anyone making decisions on your claim to go and find old records rather than simply dealing with what is on the form. I think that expecting them to do so would lay you open to the risk of having your claim refused. Sure, you could appeal against that but it woould cause a lot of, unneccessaty, stress!

Point taken, but as my last medical was decided on 1 my returned form and 2 medical evidence then I assume on the database this information would be logged and be a record stored digtaly as I assume computers come into the equation ?

S G