Dla new rules and atos medicals

tammajock

sunnyone wrote: »

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.

Cheers for the reply and yes i do your point with regards to how fabricated application forms can be manipulated yet if you have clinical findings eg. EEG's for the eplilepsy, x-rays for the arthritis, peak flow readings for her asthma etc etc. All diagnosed by consultants and gp's yet descisions are based entirely on OPINIONS of these Atos doctors then there is something far wrong. It begs people to think that these medicals are supposed to be compulsory in 2013. Put it this way, having talked once again to the descision maker today to explain the clarity of indefinate and these compulsory medicals. She said that I knew as much as her on how they are going to implement them? Fills you with confidence that!! Also having discussed with the family lawyer the circumstances and the facts of the case he has put me in touch with the civil lawyer within the practice as he said there was a case based on the facts spoken about by the atos doctor that he did not do a walking examination based on my wifes health at the time (namely being that she could not stand for the length of time that he was asking her to do) yet he came to the conclusion based on his OPINION that she could walk 800 metres without feeling severe discomfort!!
So my question would be "How can you make that assumption based that throughout the examination she did not move an inch albeit one 20 sec movement of her arms outstretched and doing small circular movements.

Indie_Kid

tammajock wrote: »

Cheers for the reply and yes i do your point with regards to how fabricated application forms can be manipulated yet if you have clinical findings eg. EEG's for the eplilepsy, x-rays for the arthritis, peak flow readings for her asthma etc etc. All diagnosed by consultants and gp's yet descisions are based entirely on OPINIONS of these Atos doctors then there is something far wrong.

Those tests mean nothing. I've had an EEG done and my brain activity is abnormal - yet, I don't have anything like epilepsy. My dad's EEGs show that he has epilepsy. Yet, his is controlled and he's capable of taking his medication, therefore, he doesn't meet the criteria for DLA.

tammajock

sh1305 wrote: »

Those tests mean nothing. I've had an EEG done and my brain activity is abnormal - yet, I don't have anything like epilepsy. My dad's EEGs show that he has epilepsy. Yet, his is controlled and he's capable of taking his medication, therefore, he doesn't meet the criteria for DLA.

Tests mean nothing? tests mean nothing?, Im kinda getting the feeling why i think your eeg is abnormal. These tests are to determine if you have epilepsy or not. It was the doctor who determined it was grand mall epilepsy that my wife had. But taking previous threads into account it is based on the claimants care needs and as discussed with descision makers it means that the likes of your father may have the same type of epilepsy yet coupled with the other disabilities that my wife has and taking into account that she only was awarded a high rate of both a year and a half ago,my wife and im only saying maybe she has been found to have more care needs?. It places the claimant under undue stress based on the clinical findings rather than Atos opinion.

Indie_Kid

Test don't prove care or mobility needs. DLA don't care about the diagnosis.

I don't know why I'm bothering TBH, what with you being so rude.

tammajock

sh1305 wrote: »

Test don't prove care or mobility needs. DLA don't care about the diagnosis.

I don't know why I'm bothering TBH, what with you being so rude.

I apologize for any offense caused but with regards to myself and speaking for myself. It is me that lives and can see on a daily basis how my wife is affected and without the help that dla provide then im not sure what we are going to do. I did take kids out of their school, away from family who stay 26 miles away (closest one) and their friends as well as our own to be in an adapted house BASED on my wifes health and for someone to comment on whether we are entitled without either knowing us or making personal remarks or accusations, well im sorry but im going to defend my corner. Diagnosis works hand in hand with care needs. Does that mean that cancer patients and before im roasted for comparing cancer to my wifes disabilities, i am merely taking the point to the previous thread. Is that if you are diagnosed with cancer, does that mean you dont need care? If you are diagnosed with grand mall epilepsy and are diagnosed as taking 2-3 fits daily that it is fair to say that you dont need help? Would my wifes health be in danger if she was a single mum as she would not have the help of an adult?

Indie_Kid

Not everyone with the same diagnosis has the same care needs.

[Deleted User]

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.

mrc and lrm would have been awarded for her epilepsy anyway,personally i would get advice regarding an appeal

tammajock

woodbine wrote: »

mrc and lrm would have been awarded for her epilepsy anyway,personally i would get advice regarding an appeal

That is what the descision maker said, it was based on my wifes epilepsy yet it was explained that indefinate just means that they can review whenever they want and even they could not explain how these compulsory medicals are goin to work with regards to people on long term awards.

sunnyone

tammajock wrote: »

That is what the descision maker said, it was based on my wifes epilepsy yet it was explained that indefinate just means that they can review whenever they want and even they could not explain how these compulsory medicals are goin to work with regards to people on long term awards.

You do know that if you appeal you can lose this award?

atrixblue.-MFR-.

hi tammerjock, relax, frustrating as it is, TRIBUNALS are seperate from the DWP. diagnosis isnt what gets you dla (but a diagnosis helps) care and mobility needs is.

the medical evidence is what aids the decision maker (or supposed to) as to what level of the diagnosis your wife have they then refure key point question to thier medical adviser for his opinion (this person never have assesed your wife or even seen her) and is easily discredited at a tribunal.

if you listed the epilepsy as her main condition many secondary conditions usually are ignored by the DM hence why they said that epilepsy was the only factor they considered.

getting a benefits expert who can reprasent like i did will help no end as they can ask the tribunal to bear in mind a certain case law in each diagnosis ask for the level of DLA you may want awarded, and can assess at the time of any error of law at the tribunal.

at the tribunal the doctor on the panel will ask most of the questions and you and your wife or reprasentative will be able to tell him what you want considered. the main panel member the judge will aslo want to ask a few questions and then a carer professional will ask questions based on your wifes care needs.

a DWP reprasentative wasnt at the tribunal?

and i was awarded the level they deemed i was entitled to.

they were polite, understanding, didnt try and "trick me" as some people may report.

i asked for water and they sent me out for a break, then the judge came out and got my reprasentative he was in the room five mins putting key points to consider then made a decision and that was that.

so what i'm trying to say is that eventhough the DWP refused and the ATOS report may have sounded as if you were lieing (not that im saying you are mind) forget that get help and concerntrate on the tribunal now.