ATOS DLA medical evidence query

Hello

I have been on DLA HRM & HRC for 2 years. At my renewal, even though my prognosis is worse & my needs have increased, I was given HRM & LRC. The Statement of Reasons was conflicting and detailed all the care needs I had but said it could all be done in an hour a day (which is impossible if they looked at their list they agreed on)

So I appealed and the DWP decided that I needed to see an ATOS doctor for a medical to help them reconsider. I had this at home a month ago and the Doctor seemed professional and empathetic, even stopping the physical examination because he could see how much pain I was in.

On Saturday I received a letter from DWP about their reconsideration. Based solely on the ATOS medical, they nowreconsider that I am entitled to no mobility and low rate care (for the cooking test - previously it was low rate for my hour of care needs).

I am devastated and exhausted beyond belief about this. Although I feel like I have no energy to fight again, I know I must. I phoned DWP this morning & as I had already requested a copy of the medical they've told me its now in the photocopying department for me(!) so it will be with me soon. They told me I have to let them know in writing that I wish to continue my appeal.

I have read all the brilliant guides on here - thank you - and looked through the forum but cant find an answer to my query. The Atos doctor told me he was not allowed to look at my additional evidence (my medical letters etc) or any of my claim form as he had to write his report from his opinion and not be swayed by anything. Is this correct?

Also, as I'm no longer HRM, I assume I have to let my County Council know and surrender my Blue badge? Or is it like when a mobility car (luckily I dont) when you are appealing and you have an extension of use possibly?

I would really appreciate any advice - thank you

Thanks for your reply, Gordon.

I was hoping a 'technicality' error may help my case, as I'm really worried how I will prove that what he has recorded on the form isn't correct as it is his word against mine I assume.

Do I write down the 'errors' that I presume must be on his report in the same letter I've got to write to the DWP saying I wish to continue my appeal, or do I wait to submit those as evidence for the tribunal?

Thanks again

Thank you again.

Yes, the medical report should be with me this week.

Would there be a second Statement of Reasons report do you think, based on the reconsideration? I have the original SofR, which is why I was stupidly confident they would go back to my original award at reconsideration , as it listed all my care & mobility needs accurately on it but they thought it could all be achieved in one hour a day.

That's partly why I am so shocked at their reconsideration - it's all gone out of the window the new decision is based solely on the ATOS medical. This reconsideration letter isnt signed by a DM though like my original decision letter, so it seems a bit strange. Maybe that is how they do reconsiderations?

My local MP is on the working group thing looking at this stuff (sorry, not sure what the name is of the group), so he should be helpful if I contact him too.

Thanks again