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What if they argue, as they always do, that it has been temporarily "mislaid"? Can we still potentially argue breach? Thanks
No,unfortunately, my advocate spoke on the phone with them. When they realised a copy of the medical certificate had been obtained, they rang my advocate to say they had found the original. It's a standard ploy used by local government departments. As an ex mental health advocate, I have seen this used many times to wear claimants down. It is successful, which is why they use it. However, I myself am now in the very same situation and it seems no one has been able to mount any legal challenge to this.
We asked to fax the information to the dap. They said it was not possible. This is because you can't claim it never arrived. Atos made this mistake recently, and so were forced to concede the paperwork arrived. Initially they denied the information had been sent.
I have already requested all communication be in writing, but this has not been respected,
Thank you for your response.