Dla new rules and atos medicals

tammajock

sh1305 wrote: »

That's not the DWP's problem. DLA is based on the help someone needs - not whether they need a car because of where they choose to live.

Once again i am merely stating that now that the car is in the process of being taken away pending appeals is that i know how much we depend on the car BASED on the needs of my wife and how that is NOW going to affect me more in comparison to where we lived before what with living in a town and having family around to assist. Please be constructive or either move on to the next thread...i dont need to bloody justify myself to you or no one. I just thought that i could recieve some constructive advice and the offer of help within this forum...regards

GlasweJen

The only advice is appeal but you're already doing that it seems. What other advice do you expect to get?

tammajock

GlasweJen wrote: »

But DLA isn't about health needs, it's about care needs. There has been no repositioning of the goal posts as yet, the criteria is identical to how it was the last time you applied.

I agree with the care needs...lets put it this way...was on the phone to motability during the christmas and new year and they said that the amount of cases that has been sent back to them as they have had claimants been demoted have went up ten fold. CAB also stated for the area that phone calls have dramatically increased. If that is not shifting the goalposts then what more evidence do people need. u only need to pick up a bloody paper to see cutbacks here and there.

tammajock

GlasweJen wrote: »

The only advice is appeal but you're already doing that it seems. What other advice do you expect to get?

They awarded a middle rate care and low rate mobility for an indefinate period. I was asking if this meant for life but now understand that indefinate means that they can review anytime they want as explained in a previous thread. I also wanted to see if there were any other people out there in the same boat? Would or could you involve a lawyer as they are cutting back on welfare rights people due to CUTBACKS in the area.

GlasweJen

I seriously doubt that you can get a lawyer at this stage, you'd only employ a lawyer if, at the appeal, they failed to award illegally. This wouldn't be about care and mobility but an actual point of law that they have failed to act upon (i.e. assessing cooking ability using a microwave when the rules clearly state that a microwave doesn't count; not awarding to a deafblind person who meets the automatic criteria; refusing to award to someone who is terminally ill and comes under special rules).

cit_k

Have you got the appeal bundle yet, ie all the documents, medical reports from atos, what your gp sent the dwp etc etc?

Morglin

tammajock wrote: »

Wife has had an ATOS medical done and in his infinite wisdom based on his OPINION. He said my wife can walk 800 metres at a normal speed before feeling severe discomfort. Yet he had done no examination on my wifes legs as she was in too much pain to stand. I find this a bitter pill to swallow taking in the assumption that he could guess at this length of walking.
She has had awards without the use of ATOS for the higher rate of mobility and care based on CLINICAL findings rather than opinion. My wife suffers from Grand Mall Epilepsy ( 2-3 fits daily), severe arthritis, asthma and hypertension as well as being incontinent.
When DLA wanted a ATOS medical done i have to admit I feared the worst taking into account some of the horror stories on this forum and now it has come to pass with our situation. It had taken 19 weeks for them to come to their descision as well. My wifes award has now been demoted to middle rate care and lower rate mobilty which is similar money but it means we have to hand back the mobility car. The award though has been awarded for an indefinate period but what exactly does that mean?
My wife has had enough of these processes where you are at your wits end worrying over the help that we have currently been enjoying. Her health has deteriorated that much that we have been visiting hospitals practically on a fortnightly basis. She sees the fact that indefinate means life but im unsure that when these forced medicals come into force in 2013, does that mean regardless of this INDEFINATE award that we have to endure one of these ATOS doctors once again?
The ATOS doctor even stated that she does not take and need help for her fits during the night!! Must be the first woman that has epilepsy that only kicks in when the sun comes up!.
Thank you in advance of any POSITIVE responses made.

Obtain a GL24 form from the DWP and appeal the decision.

It may take a while for the appeal to be heard, as there are currently 8,000 appeals being heard a month.:eek:

If you need any help, then 'google' welfare rights for your area, and it may bring up something - or contact the CAB who will point you in the right direction.

Contact any consultants/GP you have for their support, possibly in writing a report.

When you send back the appeal form, it will first go to another DM for a reconsideration anyway, so don't ask for a recondiseration, it's quicker just to submit the appeal.

You should be able to keep the car until after the appeal.

http://www.benefitsnow.co.uk/appeal/appealtribunal.asp

Lin

tammajock

cit_k wrote: »

Have you got the appeal bundle yet, ie all the documents, medical reports from atos, what your gp sent the dwp etc etc?

Yes, all documents have been sent and there is a 4 week hold for myself to gather information for the re-consideration

kaya

Phone the DWP today and ask to begin the official complaints procedure against atos if you are unhappy with the decision/decision-maker, then refuse to have anything more to do with atos due to the nature of your inpending complaint, then make an appointment with your local conservative MP to go to their walk in surgery to sort the matter out, i did, within 3 days of making the appointment(i never actually got to see my mp) a young man from the dwp phoned me and sorted everything out to my satisfaction, he was polite and courteous and very understanding, also when my ib renewal came up i mentioned my ongoing complaint and the award was once again renewed without any intervention from an atos or their so called medical professionals, despite what they tell you YOU DO NOT HAVE TO DEAL WITH ATOS. I have never even seen an atos doctor but got my DLA renewed for 5 Years.

sunnyone

you dont have to send the car back yet, motability allow you to keep it while the appeal is ongoing but you will have to pay the cost if you fail at appeal.

The goal posts havnt been moved but the rules are now being implimented to the letter of law and not the lax decsion making that has creeped up since DLA started in it present form in 1992, your wife wont be the only person that dosnt get a new HRMC award on renewal after years of having it and in many cases its right that the awards arnt renewed because the criteria for HRMC is unable to walk or vertually unable to walk (and the more rare developemental retardation criteria) but many people still claim it when they have improved and/or they lie about how far they can walk in the first place.