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ATOS MEDICAL FOR ESA & TRIBUNAL HEARING DATE

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12 years 2 weeks ago #84392 by Fedup
Well had atos medical on 12th march and still not heard anything about the outcome. Went to tribunal hearing for DLA last friday 30th, I was told it would take 30 to 40 mins but5 I was in the room for an hour and a half, and because it ran over I was told I would be advised by post. My representative called me at 4.30 on friday and informed me that I had not been awarded anything for mobility but I had been awarded low rate care from sept 2010 to sept 2012. My representative said the main problems were because of the latest report to DWP she had put some derogetory remarks on the back sheet, which made me feel like she wasnt supporting me although she had previously and she made me feel like I was a liar. I now have to start the whole process again in sept this year. I am considering requesting a statement of reasons from the DWP but am worried if that will affect their decision and they take away what they have awarded me. I feel that I will have to call for an update on esa medical, and will be asking to see my medical records and I will complain about the doctor that sent the report to DWP and if must will look into finding a doctor in my local area that is more sympathetic to Fibromyalgia sufferers and the problems we have as there are so many symptoms which vary on a day to day basis and its debilitating affect it has on our lives. The stress from having to go through all this has only made me worse and Im not looking forward to having to start it all again if I get a negative outcome from my ATOS medical :( :angry:

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12 years 2 weeks ago #84403 by Gordon
Fedup

You can request a Statement of Reasons from the Tribunal panel, but you should be aware that the DWP will also receive a copy, whilst it is unlikely, this does open up the opportunity for them to appeal the Decision, however, they are bound by the same rules as you are, that to challenge the Tribunal Decision you must show that there has been as Error of Law. See

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

Good luck with the ESA claim

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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