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11 years 5 months ago #114576 by Gordon
Replied by Gordon on topic DLA appeal

foreverfoggy wrote: It seems like they have only used the atos report to base any decision on and ignored everything else. The statement of reasons only says that she should be able to walk more than 200m and she should be able to take care of her personal needs.


Then you need to go back to the claim form to see why it is not convincing, as you are a relatively new member I assume that you did not use our guides to help you complete the form, so do so now to see how you might of completed the form differently.

There is also a guide to challenging assumptions about far your daughter can walk.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 5 months ago - 11 years 5 months ago #114678 by foreverfoggy
Replied by foreverfoggy on topic DLA appeal
I have looked at the claim form again and added a few things they need to know. I have just looked at your 'challenging a medical report' guide. I am now not sure if I should do this now or wait until I get my appeal papers. I have started to write a report about the contradictions and untruths for the DWP. (in the manner I stated before.) Our case has not yet been handed to the appeals court but I am suppose to hear from them in the next couple of weeks. As I only have a couple of weeks to reply to this report. should I just complete the report I am doing now and address the appeal court later with a similar argument. I suffer from brain fog myself and its hard enough taking care of my daughter without having to fight for these things. :S
Last edit: 11 years 5 months ago by .

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11 years 5 months ago - 11 years 5 months ago #114679 by
Replied by on topic DLA appeal

foreverfoggy wrote: I have looked at the claim form again and added a few things they need to know. I have just looked at your 'challenging a medical report' guide. I am now not sure if I should do this now or wait until I get my appeal papers. I have started to write a report about the contradictions and untruths for the DWP. (in the manner I stated before.) Our case has not yet been handed to the appeals court but I am suppose to hear from them in the next couple of weeks. As I only have a couple of weeks to reply to this report. should I just complete the report I am doing now and address the appeal court later with a similar argument. I suffer from brain fog myself and its hard enough taking care of my daughter without having to fight for these things. :S


Hi ff,

Any evidence that you may want to supply to The DWP for reconsideration, should be sent to them ASAP, if you wish to try and avoid a lengthy wait for an appeals hearing.

All evidence that you send to the DWP will also be available to the Appeals Tribunal if it gets that far, in the form of an evidence pack.

Therefore, even though you can add fresh evidence for the attention of the tribunal after the DWP reconsideration stage, you should not have to reiterate any evidence that you have previously provided to The DWP.

Sending Documents to the DWP or ATOS

bro58
Last edit: 11 years 5 months ago by .

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11 years 5 months ago - 11 years 5 months ago #114681 by foreverfoggy
Replied by foreverfoggy on topic DLA appeal
Thanks. I have already have the reconsideration. I am waiting on appeal papers. Despite requesting the medical report twice on the phone they have only just send me them after a written request. there are so many contradictions and untruths not to mention a claim that her b/p was normal when it clearly wasn't that picking it apart is going to be a very long and drawn out process. He even got the name of her condition wrong.

As my daughter was a child when I applied and is now an adult. should I be writing this report in first or third person? I have been made her representative. She is not able to do this herself because of her cognitive function.
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11 years 5 months ago #114683 by
Replied by on topic DLA appeal

foreverfoggy wrote: Thanks. I have already have the reconsideration. I am waiting on appeal papers. Despite requesting the medical report twice on the phone they have only just send me them after a written request. there are so many contradictions and untruths not to mention a claim that her b/p was normal when it clearly wasn't that picking it apart is going to be a very long and drawn out process. He even got the name of her condition wrong.

As my daughter was a child when I applied and is now an adult. should I be writing this report in first or third person? I have been made her representative. She is not able to do this herself because of her cognitive function.


Hi ff,

In that case, you should send any fresh evidence to the TS once they contact you.

The TS will then forward copy of any evidence sent to them to The DWP.

This is to ensure that all parties, you, The TS and The DWP have access to the same evidence.

It does not make any difference which person you write in, as long as you make it clear at the end of the document that you have written the statement/evidence on behalf of your daughter, as her nominated representative.

bro58

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11 years 5 months ago - 11 years 5 months ago #114687 by foreverfoggy
Replied by foreverfoggy on topic DLA appeal
Thank you, are you saying that I should not respond to the atos report at all just yet? their letter says 'enclosed with this letter is a copy of the appeal response, this response gives the reasons for our decision.
A copy of the appeal response has been sent to HM Courts and Tribunals Service. they will get in touch to explain what happens next with your appeal.
If you have any comments about the information contained in the response please send them to us at the address shown above you should do this within 4 weeks of the date on the top of the letter.

If you want to discuss arrangements for the appeal or you want to send further evidence please contact HM Courts & Tribunal.

Do you think I should just concentrate on preparing my argument to send to the courts when they contact me?
Last edit: 11 years 5 months ago by .

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