Pending DLA Appeal

My daughters DLA appeal is in 4 weeks time, however she is still having trouble with the DLA sending her missing papers from the bundle, omitting most of the correspondence that has taken place between her and them and also having requested other documents such as 'Work sheet or similar' showing the rates and components she was considered for and the reason for not awarding her.

What is her position on this with regard to the appeal. Is it ground, in the first place to have it posponed because of lack of paperwork?

Further more, she has never had a medical. The DLA have not requested the further evidence from her consultant - scans etc.

One of the reasons she was turned down on was on the 'evidence of a medical professional upon who's advice they rely'. I requested the name of the medical professional 11 months ago and they said that they had lost the name.

Today, I have telephoned DLA for her and told her file has been transfered to another area. Upon speaking to this DLA office they say the medical expert was Medical Atos and I should have been told this 11 months ago. I asked if they could request a copy of the comperized report from Atos, as it should be still held electronically and told 'no', the other office should have done it last year.

I am rather puzzled as no one from Medical Atos has ever seen or spoken to my daughter, and as stated earlier, how can they assess her if no medical has taken place.

Do Atos do reports for the DLA using the claim form?

This is the second claim form she has filled in as they 'lost' the first one after I started asking for the evidence they were using and although she has now submitted two forms they have never requested a medical report.

Lots of questions but in a bit of a panick

All DLA appellants must be provided with copies of all documents that the DWP Decision Maker provided to the Tribunals Service.

In other words, your daughter must be provided in her case bundle, all medical evidence, reports etc. that the Tribunal Members have in their case bundle.

If anything is obviously missing prior to her appeal hearing, it is possible to ask for her case to be postponed pending her being supplied with all the case bundle.

If it's only discovered on the day of hearing that papers are missing, then an application should be made for your daughters hearing to be adjourned until all case papers are in her possession, otherwise that would breach Article 6 of the Human Rights Act 1009.....right to a fair hearing.

Thank you Gordon for your help.

With regard to the medical assessment: She has never been assessed medically for any other benefit.

I find it rather odd that the first claim was refused stating ' advice from a health care professional', and when I asked who that person was and requesting a copy of the report ( I assume that all reports are written and they don't just call up say a dentist - who is also a health care professional- sorry for the sarcasm) I was told, in writing, that they have lost her file so don't know who they contacted.

Today when I again asked who it was, as they must keep a record or list of health professionals that they use, that it would have been Medical Atos. I stated that she has never had an examination. They stated that Atos can do a report without seeing her, which I find strange, and a medical is done by an EMR.

As I stated earlier, I asked for them to obtain a copy as surely it must be held and they said no.

How can Atos possibly file a report on an unseen client?

I concur entirely with Gordon.

Jim
former DLA Tribunal Member (1994 - 2006)