A.T.O.S Medical no option bar to appeal

Hi All,
advice required,I have received My A.T.O.S medical report, as requested from the D.W.P.
On the whole it is an accurate representation of My condition however, contradicts much important information.
To quote the medical professional *(behaviour observed during assessment)
Difficulty standing due to pain,In obvious pain walked slowly with an awkward gait 10m with two crutches.
*(prominent features of functional ability relevant to daily living)
Walks 50m with rests to lean (on walls,posts or crutches) all of which is accurate He has then ticked the box stating I can walk 100m.
Please note this was a home medical assessment and all tests sitting/standing were carried out from raised seating supplied by medical professionals.
I have surpassed the necessary 15 points upon bending without further points for other activities.quote significant back restrictions severe restriction of bending.
However, having only recently been awarded DLA HR Mobility this E.S.A medical could jeopardize the D.L.A award.
I am aware the descriptor for E.S.A support group mobility is 30m however it seems I am left with no option bar to appeal to ensure the D.L.A descriptor of 50m is protected.
Please note I have read E.S.A Support descriptors and cannot seem to find if I may qualify upon the severe bending restriction so any advice appreciated.
I have until the 19/11/2010 to return the GL24 and supporting evidence in order to appeal.

To continue I have an operation pending which may possibly improve mobility this is likely to occur prior to to any appeal,I have informed the D.W.P as such,and the advisor stated that due to the operation the decision maker would look favourably upon any decision with regard to E.S.A Support Group status.
Any advice with regard to the whole situation particularity appreciated.

Hi All,
apologies for raising this request once more, just considering another option
possibly to wait for W.F.I and the deterioration of My condition ( which it will, been down this route before) until forthcoming operation.
By adopting this option is it possible I would jeopardize D.L.A H.R mobility award.
Although I am aware individual advice is not available it would be appreciated if the mods or anyone can provide general advice upon the above information.

Best Wishes

BBB

Bad Back Bill wrote:

Hi All,
apologies for raising this request once more, just considering another option
possibly to wait for W.F.I and the deterioration of My condition ( which it will, been down this route before) until forthcoming operation.
By adopting this option is it possible I would jeopardize D.L.A H.R mobility award.
Although I am aware individual advice is not available it would be appreciated if the mods or anyone can provide general advice upon the above information.

Best Wishes

BBB

Hi Bill,

Although I do not know the full situation, are you saying you were awarded HRM DLA, then applied for ESA and it is the ESA medical report that you have?.

If so, what was the upshot of your ESA claim?. Are you in the WRAG or Support group and are you in the group you think you correctly belong in?

If so, what are you appealing?. Although not certain, if you have been awarded DLA HRM already and you think you are in the correct ESA group, then it is unlikely at this stage that your DLA would change. The ESA medical would have to be severely at odds with the DLA claim for this to happen due to the differences in both benefits and relevent discriptors.

If your DLA is due for review soon, it is possible that they may refer to the ESA medical, but if a DLA review is not due then it is unlikely that your ESA medical would affect your DLA based on what you have posted.

Obviously after you have had surgery, your needs DLA wise may change, but only after the surgery and any relevant 'recovery time'.

Pete

Hi Pete,
welcome back, just to clarify the situation.
D.L.A HR Mobility, awarded from April 2010 until August 2011.
E.S.A initially awarded in October 2008 recent E.S.A medical once more places Me in the E.S.A W.R.A.G.
The main problem being the contradictory notes upon the recent E.S.A medical with regard to the mobility activity, on one hand He has stated I struggle to walk 10 metres or 50 metres with rests and on the other He has ticked the box that states I can walk 100 metres.
Main problems that concern Me is if I should be in the E.S.A Support Group at least until the effects of the operation are known and by not challenging the E.S.A medical am I agreeing to the 100 metre ticked box.
Hi Gordon unfortunately had to wait so long for the A.T.O.S medical report I am unsure if I have time to see a benefits advisor, GL24 + supporting evidence has to be returned by the 18/11.
The only local benefit advice organisation is the C.A.B and as You can imagine it is difficult near on impossible to arrange an appointment at short notice.

Best Wishes

BBB