Lost DLA appeal - treated badly

I've been on here before about my DLA being stopped after a medical from ATOS. I had my appeal today and it was a total nightmare. I have been crying all afternoon.
They made me feel like a criminal on trial. I have severe anxiety and get very panicky but I thought I would be OK as my sister came too, I wrote it all down and I had a representative from the welfare benefits who I met once and told me I didn't need any more evidence.
They ripped me to bits. They asked a question and then when I answered twisted what they had said and they said I contradicted myself but I was stressed and didn't understand. They kept going on about how I don't have a diagnosis and how I can't possibly look after my kids. They asked why my sister doesn't work as I said that she helps me everyday and so does my mum. She has health probles as well and the disabled memeber of the panel started on at her to tell her what was wrong with her.
The doctor asked his questions first and evertime I went to speak the disabled person snorted or grunted or gave massive puffs of air at me as if to say I was lying. I couldn't understand what she was doing it for. When it was her turn to ask I had no idea what she was asking, on and on about diagnosis and I can't believe you don't do anything all day. Then she started asking if I had breast fed nearly three years ago.
My representirive said nothing.
They said that the doctors didn't say that my foot is twisted. They could have just looked.
Then at the end the person from the DWP said she is a carer for her son so how can he need this help. My son has learning dificulties and health problems. I don't need to do any of the things I do for myself for him. They started arguing whether or not the DWP should have told them and when I tried to explain what I do they told me to be quiet.
Obviously I was not awarded dla. My advisers advice is to apply again and get some medical evidence. I asked him if I should ask my doctor for a report but he said I didn't need one and that we can just tell them about all the things I have.
I am going to make a complaint about the way they treated me, I know nothing will happen but I am going to.
I am going to start getting reports from my doctors and send in another claim.
I'm really upset and humiliated so please no nasty comments xxx

What disgraceful treatment. They are bullies, everyone. So sorry you had such a bad time but do follow Gordon's advice. Do it for yourself and all the other peole who are coping with this very unfair treatment. Good luck.

Thankyou both for your replies. I know I am not the only one but I never expected to be treated like a criminal.
I don't even want to remember all the things they asked and twisted, my sister who helps me every day came too and asked to speak but was never given the chance. The 'disabled' member of the panel asked her why she wasn't working because she had time to help me. Now my sister does so much for me, I can't explain but she has ADHD which is controlled and some autistic tendancies. She has endless patience with my special needs kids and helps me with everything. I told the woman she has a disability and is not working but is planing in going to college in the autumn. Now this wasn't enough for our panel member who wanted to know all about her disability which we did not want to discuss and she was going well is it physical or mental and we said well its mental and she started making out that she wasn't fit to care for the kids which was very upsetting. She also asked how I disipline my two year old and if I emptied his potty. All the questions were asked in the tone of someone who is talking to a lying child.
Whether or not they believed me doesn't take my disability away. I still have severe pain when I walk etc.
I will apply again and ask my gp for all the detailed reports he has that the advisor told me I didn't need yesterday.
I will make a complaint about the way they spoke to me and also that the member of the panel went too far.
I will try to appeal to the upper tribunal. I think the only way to do this is that at the end the DWP guy said that I am a carer so can't be disabled. I was told to be quiet and wasn't allowe to explan my caring role. I also didn't know it was to be discussed so had no preparation.
I feel calmer today just angry that people are allowed to treat people with disabilities so badly.
They wouldn't accept that my left foot is turned inwards because a 2 year old report from a doctor I saw onc didn't mention it. They could ahve just looked down and saw my foot or watched the way I walked but no I'm obvisouly just a liar. xx

carolinemumof4 wrote:

Thankyou both for your replies. I know I am not the only one but I never expected to be treated like a criminal.
I don't even want to remember all the things they asked and twisted, my sister who helps me every day came too and asked to speak but was never given the chance. The 'disabled' member of the panel asked her why she wasn't working because she had time to help me. Now my sister does so much for me, I can't explain but she has ADHD which is controlled and some autistic tendancies. She has endless patience with my special needs kids and helps me with everything. I told the woman she has a disability and is not working but is planing in going to college in the autumn. Now this wasn't enough for our panel member who wanted to know all about her disability which we did not want to discuss and she was going well is it physical or mental and we said well its mental and she started making out that she wasn't fit to care for the kids which was very upsetting. She also asked how I disipline my two year old and if I emptied his potty. All the questions were asked in the tone of someone who is talking to a lying child.
Whether or not they believed me doesn't take my disability away. I still have severe pain when I walk etc.
I will apply again and ask my gp for all the detailed reports he has that the advisor told me I didn't need yesterday.
I will make a complaint about the way they spoke to me and also that the member of the panel went too far.
I will try to appeal to the upper tribunal. I think the only way to do this is that at the end the DWP guy said that I am a carer so can't be disabled. I was told to be quiet and wasn't allowe to explan my caring role. I also didn't know it was to be discussed so had no preparation.
I feel calmer today just angry that people are allowed to treat people with disabilities so badly.
They wouldn't accept that my left foot is turned inwards because a 2 year old report from a doctor I saw onc didn't mention it. They could ahve just looked down and saw my foot or watched the way I walked but no I'm obvisouly just a liar. xx

Hi,

As you are intending to pursue this situation, as Gordon says above, obtaining face to face advice from a Welfare Rights Adviser/CAB etc is vital. It would be worth trying to get an appointment asap.

It could also be advisable to write to the tribunal venue and ask for the Statement of Reasons (how the panel came up with their decision not to award). Also ask for copies of any notes made by the chair and panel.

This will help the advisor to pinpoint any points of law or breaches of natural justice/procedure on which to base the claim to the Higher Tier Tribunal. A separate complaint about the panel can also be submitted. The complaint will be dealt with separately and have no bearing on the outcome of any higher tribunal appeal and vice versa.

Whilst it is fresh in your mind, also write down everything you recall being asked etc (also get your sister to do this) - again it will help the adviser.

Pete

Hi Carolinemumof4

If you're considering appealing to the Upper Tribunal, the fact that you had a witness who was refused the opportunity to speak could have made the hearing unfair and potentially be a ground to appeal.

Don't forget their is a strict one month deadline from the date of the decision notice for applying for a statement of reasons, which is required before you can appeal. Hopefully your advisor will be able to assist you once you have received it.

Good luck

Derek