- Posts: 51284
× Members
DLA appeal
- foreverfoggy
- Topic Author
11 years 7 months ago - 11 years 7 months ago #112259 by foreverfoggy
Replied by foreverfoggy on topic DLA appeal
Thank you Gordon,
I think it is going to be very important that I reply to the medical report. I am sure that is the problem here as my report and evidence from GP clearly state my daughter can't walk very far and can't take care of herself. :/
The other thing is she was a child when I first applied for DLA and now has passed 16. She was sent for her 'medical' just before her 16th. I am now not sure if I am fighting the criteria for child or adult as the atos assessor was asking her as if she was an adult. It is not too much of a problem as she fits both criteria's but I could do with knowing which part I am fighting.
I think it is going to be very important that I reply to the medical report. I am sure that is the problem here as my report and evidence from GP clearly state my daughter can't walk very far and can't take care of herself. :/
The other thing is she was a child when I first applied for DLA and now has passed 16. She was sent for her 'medical' just before her 16th. I am now not sure if I am fighting the criteria for child or adult as the atos assessor was asking her as if she was an adult. It is not too much of a problem as she fits both criteria's but I could do with knowing which part I am fighting.
Last edit: 11 years 7 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
11 years 7 months ago #112266 by Gordon
If she has now passes 16 I would expect her to be assessed as an adult.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA appeal
foreverfoggy wrote: Thank you Gordon,
I think it is going to be very important that I reply to the medical report. I am sure that is the problem here as my report and evidence from GP clearly state my daughter can't walk very far and can't take care of herself. :/
The other thing is she was a child when I first applied for DLA and now has passed 16. She was sent for her 'medical' just before her 16th. I am now not sure if I am fighting the criteria for child or adult as the atos assessor was asking her as if she was an adult. It is not too much of a problem as she fits both criteria's but I could do with knowing which part I am fighting.
If she has now passes 16 I would expect her to be assessed as an adult.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- foreverfoggy
- Topic Author
11 years 7 months ago #112287 by foreverfoggy
Replied by foreverfoggy on topic DLA appeal
Thank you Gordon. Your help is very much appreciated. 
Please Log in or Create an account to join the conversation.
- foreverfoggy
- Topic Author
11 years 5 months ago - 11 years 5 months ago #114535 by foreverfoggy
Replied by foreverfoggy on topic DLA appeal
Hello there,
I have just received copies of my daughters paperwork on which the decision was made. I am furious. The atos 'medical' report is astoundingly incorrect. Full of untruths and contradictions. When we entered the room he asked us to explain what her diagnosis was, then, he went on to incorrectly name the diagnosis, then felt himself qualified to give a long term prognosis!! He never even completed half the tests he said he had, and has completely ignored anything we said and contradicted what the real specialist has said. How do I go about arguing this? I was thinking of list the points i want to dispute and then give my point followed by any medical back up from the specialist a bit like this.
The Atos assessor says ' she walks with a normal gait' Pg number ## This is not true as she not only has severe balance problems but has flat feet, hyper mobile hips and knees. this of course means she does not have a 'normal gait' see specialist letter pg ##
Would this be the best way to approach the response. I am so angry at this misrepresentation.
Also is it possible that the assessor did not know how to take a blood pressure as he said he would get the automatic machine as it was 'more accurate.' This is not true. He also said that her readings were fine when they clearly were not. I find it astounding that he could contradict the expertise of the counties leading expert on the illness.
I have just received copies of my daughters paperwork on which the decision was made. I am furious. The atos 'medical' report is astoundingly incorrect. Full of untruths and contradictions. When we entered the room he asked us to explain what her diagnosis was, then, he went on to incorrectly name the diagnosis, then felt himself qualified to give a long term prognosis!! He never even completed half the tests he said he had, and has completely ignored anything we said and contradicted what the real specialist has said. How do I go about arguing this? I was thinking of list the points i want to dispute and then give my point followed by any medical back up from the specialist a bit like this.
The Atos assessor says ' she walks with a normal gait' Pg number ## This is not true as she not only has severe balance problems but has flat feet, hyper mobile hips and knees. this of course means she does not have a 'normal gait' see specialist letter pg ##
Would this be the best way to approach the response. I am so angry at this misrepresentation.
Also is it possible that the assessor did not know how to take a blood pressure as he said he would get the automatic machine as it was 'more accurate.' This is not true. He also said that her readings were fine when they clearly were not. I find it astounding that he could contradict the expertise of the counties leading expert on the illness.
Last edit: 11 years 5 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
11 years 5 months ago #114539 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA appeal
foreverfoggy
As tempting as it is to get stuck in to the medical report, the first thing you should concentrate on is showing why your daughter meets the DLA criteria as this is the only way that she will be awarded the benefit. You should have received a Statement of Reasons from the Decision Maker in addition to the Decision Notice, use this to go through the claim form to see the areas they disagreed with you.
Once that is done then you can go through the report, as you have suggested reference a comment and then explain why you disagree with and if you can link your comment into your medical evidence.
Have a look at the DLA section in the Members area as there is a guide to challenging the medical report
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Finally consider making a complaint to ATOS about the report, it is unlikely to make a difference in regard to the DWP (as it probably won't be processed in time), but it can be important for an appeal.
Complaining to ATOS Healthcare
Gordon
As tempting as it is to get stuck in to the medical report, the first thing you should concentrate on is showing why your daughter meets the DLA criteria as this is the only way that she will be awarded the benefit. You should have received a Statement of Reasons from the Decision Maker in addition to the Decision Notice, use this to go through the claim form to see the areas they disagreed with you.
Once that is done then you can go through the report, as you have suggested reference a comment and then explain why you disagree with and if you can link your comment into your medical evidence.
Have a look at the DLA section in the Members area as there is a guide to challenging the medical report
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Finally consider making a complaint to ATOS about the report, it is unlikely to make a difference in regard to the DWP (as it probably won't be processed in time), but it can be important for an appeal.
Complaining to ATOS Healthcare
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: foreverfoggy
Please Log in or Create an account to join the conversation.
- foreverfoggy
- Topic Author
11 years 5 months ago - 11 years 5 months ago #114573 by foreverfoggy
Replied by foreverfoggy on topic DLA appeal
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.
Last edit: 11 years 5 months ago by Gordon.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, latetrain, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David