DLA ATOS med-mental health grounds (now turned down)

joyciebird

cit_k wrote: »

Its obvious they are NOT all looked at again, and certainly not all looked at properly (a quick glance at the total points would not constitute following proper procedures).



How did that get past the two decision makers?

Or all the obvious errors in

http://209.85.229.132/search?q=cache:kaOEB6ec5NsJ:www.rightsnet.org.uk/pdfs/CSIB_69_2003.pdf+commissioners+decision+unreliable+medical+report&cd=3&hl=en&ct=clnk&gl=uk

or



with



Yet I myself had had a few reports that if read 'as a whole' would clearly result in that report never making it to tribunal (my last report - it only took a welfare rights advisor *seconds* to spot glaring problems with the report, based fully on info in the report, with no additional evidence required - ie the problem was with the report)

The DM should either rule the evidence unreliable and request more, or clarify with medical services as to why the report is inconsistent and contradicts itself, and the report should be then updated, or notes included as to what the clarifications/reasons were.

That did not happen, and has not happened in any previous cases with me that went to tribunal.

Nor does it happen to all those people who are reporting inconsitent reports that contracdict themselves (for example on one page it may say client has chaotic sleeping pattern, then on another page it may state 'client requires help waking up' yet on another page it may state 'client has no sleep problems' all on the same report..

Any report with problems like that making it past a decision maker, then a second decision maker is obvious proof they are either not looking at all, or just rubber stamping the points page, without reading the full report.

Maybe I should have made it clear that I was referring to DLA claims and not Incap claims.

This is a DLA related question

PWM_2

I didn't know you could claim DLA for depression/anxiety. DLA is pretty tricky, it's a benefit that you'll recieve for the rest of your life so I think it's taken very seriously by the DWP and can be very hard to be accepted, even in genuine cases. My uncle lost a leg in a car accident but was turned down for DLA and it took several months and appeals to get the decision overturned.

I would definetely appeal, you have nothing to lose. If you don't suceed why don't you apply for ESA instead?

I'm on Incapacity Benefit and I always fail medicals, it's easy for those so called "professional doctors" to fail those who don't have an obvious physical complaint. But the decision is always overturned with an angry letter and copy of the original form I filled out.

Good Luck!

cattie

PWM wrote: »

I didn't know you could claim DLA for depression/anxiety. DLA is pretty tricky, it's a benefit that you'll recieve for the rest of your life so I think it's taken very seriously by the DWP and can be very hard to be accepted, even in genuine cases.

DLA isn't a benefit payable for life. Most awards are timed awards of perhaps 2-4yrs, but can be of any duration. Sometimes when a person can reasonably be expected never to improve from the limitations of their disability, an indefinate award will be granted. However, indefinate awards can be looked at again by dwp & adjusted or taken away at any time, though the chances of this are quite low.

Kazzea

firesidemaid wrote: »

i take it you are just expecting the personal care element and not the mobility side. i also take it that you filled in the forms and described your illness and how it affects you at its worst?

if you got the extra money how would you use it/how would it improve or support your life/illness ie. what things can you not do for yourself because of your illness? (i am writing this as someone who has successfully claimed dla for mental health probs on behalf of someone) x

No I was expecting (hoping for) the low rate mobility (as I need supervision/guidance outside in unfamiliar places) and at least the middle rate care. To be honest what I would use the money for isn;t really anything to do with either my application or this thread.

Kazzea

PWM wrote: »

My uncle lost a leg in a car accident but was turned down for DLA

If you don't suceed why don't you apply for ESA instead?

Good Luck!

DLA has nothing to do with the actual illness or disabilit but to do with what help you need - a lot of people with one leg don;t need any help at all and doens;t affect their ability to function in any way (maybe different for your uncle)

ESA is a new benefit to replace Incapacity and income support on incapacity grounds and as mentioned in my first post I am already on income support with disability premium as I haven;t enough NI contributions for Incapacity Benefit. Thanks for your reply though

sewandsew

I get DLA for mental illness(BIPOLAR) and will be on medication for the rest of my life. I get low level for both mobility and care. I think asking for the middle level is where your problem might lie. I have been advised for mental illness you will need to be very very bad to get middle or higher allowances.
I have a friend who was on higher level for both for leg pain for about 2 years and now gets absolutely nothing. She has appealed twice and got nowhere. Maybe if she had gone for less than the higher levels when she reapplied she would still be getting something?

Do you attend a psychiatrist? They should be able to supply a letter for you.

Any way good luck with your claim.

Kazzea

sewandsew wrote: »

I think asking for the middle level is where your problem might lie. I have been advised for mental illness you will need to be very very bad to get middle or higher allowances.


Any way good luck with your claim.

Thanks for the good luck. You don't ask for a specific rate on your claim form and I was turned down totally - they said I was not entitled to anything at all. I have looked at the requirements for each level and to be honest I think I qualify for the Higher rate care but would settle quite happily for the middle rate and I definitely qualify for the lower rate mobility.

Garry_Anderson

cit_k wrote: »

The decision makers guide (which its obvious is often not followed) does not cover internal procedures to spot the fact a decision maker can over time make the same mistakes over and over and over. It does not cover the keeping of stats to show that the system is either working, or NOT. The dwp dont have any meaningful stats as to who wins at recon, or at appeal, broken down by type of medical etc etc - its been requested before and they simply dont have the data.

If the decision making guide was being followed - can you explain why so many of the appeals are won, where its CLEAR the evidence in question was unreliable and self-contradictory, and why they got to that stage in the first place when the decision maker should have carefully examined all the available evidence?

These people were called Adjudication Officers before they were called Decision Makers - they used name change to give them a big pay rise and make them feel more important

They ignored rules in the Adjudication Officers Guide also e.g. they should have answered my questions within fourteen days (AOG 03152) but very rarely did I get an answer at all.