Advice on avoid the tribunal treadmill please

For my recent DLA application I'm trying to avoid the tribunal treadmill that goes as follows :

Submit DLA application and supporting evidence from GP, OT, and three consultants.

DM rejects application.

Appeal requested.

Turn up for appeal to find its adjourned while they request an ATOS Doctor visit me.

Await another 8 months for appeal part 2.

Get zilch.


This has been the pattern for the previous two DLA attempts. I've tried to minimise it this time by asking the GP, OT and Consultants to tone down the evidence in case the DM & Tribunal panel think we're related (this was suspected last time. The appeal panel did not believe evidence could be so good !).

Is there anything I can do to force an atos visit prior to the DM turning me down, so I can cut out the middle man?

I'm afraid you cannot insist that an EMP visit is undertaken prior to a decision on your DLA claim. Only the DLA decision maker and an appeal tribunal have the power to do so.

Incidentally, did you ascertain why the appeal tribunal preferred the evidence of the EMP as opposed to your own healthcare professionals? This would be deduced from the statement of reasons for the decision if you had requested a copy.

Crazydiamond wrote:

Incidentally, did you ascertain why the appeal tribunal preferred the evidence of the EMP as opposed to your own healthcare professionals? This would be deduced from the statement of reasons for the decision if you had requested a copy.

After the 2 year battle and a very strained appeal hearing. I walked away from the whole episode. I dont think my health could have coped with an SOR and the upper tribunal ( as it was then ).

Doris

You must submit convincing evidence of the help you need due to your medical condition and not just the medical condition itself, eg I need help getting into the bath, someone to wash me down, rinse my hair, help me get out, dry me with a towel, help put on clean clothes, do up buttons, help me downstairs, sit in a chair, remind me take my medication; ie all the needs you have from someone else, (whether you get that help or not) through the day and night (if applicable) and when you go out.

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Kind regards

Michael

Doris wrote:

For my recent DLA application I'm trying to avoid the tribunal treadmill that goes as follows :

Submit DLA application and supporting evidence from GP, OT, and three consultants.

DM rejects application.

Appeal requested.

Turn up for appeal to find its adjourned while they request an ATOS Doctor visit me.

Await another 8 months for appeal part 2.

Get zilch.


This has been the pattern for the previous two DLA attempts. I've tried to minimise it this time by asking the GP, OT and Consultants to tone down the evidence in case the DM & Tribunal panel think we're related (this was suspected last time. The appeal panel did not believe evidence could be so good !).

Is there anything I can do to force an atos visit prior to the DM turning me down, so I can cut out the middle man?

Hi Doris

I don't know anything about DLA but I would say that the approach of appeal tribunals do vary from one hearing to another.

I realise that you said you're last two appeals followed the same pattern and I can remember your post last year where you felt pursuing an appeal was not worth the stress. But I would not take the view that if you had to appeal again that it would necessarily follow the same course as your previous two appeals. It's very unfortunate that you felt it necessary to ask your GP, OP and Consultant to tone down their evidence following your previous experiences but a different tribunal can take a different view.

I wish you the best of luck with you recent DLA application.

Regards

Derek

brizboi wrote:

Doris

You must submit convincing evidence of the help you need due to your medical condition and not just the medical condition itself, eg I need help getting into the bath, someone to wash me down, rinse my hair,

Michael

I did just that. In the words of several WRO's, it was the best evidence anyone had seen for medical and care requirements. The issue was - it was too good and was seen as falsified. That started of a chain of events that went on for years. All my medical team got involved and re-confirmed the evidence was wrote in their hand. But it was always suspected something 'untowards' was going on. Anyway, thats not for this forum.


But it was documented on this forum a few years back.

Th DLA form has been completed and posted. I was just querying if the tribunal dance could be avoided by requested an atos medical prior to the DM rejecting the claim ( oh little faith I have -lol ).