Tribunal lost

Markoo_2

Im angry and confused too angry to write much at the moment but to cut it short.

Mobility component, As per my claim pack i told them i was unable to walk any distance at all without sever pain in my hip.

Before this went to tribunal when i was initianly refused the DWP said i could walk over 50 metres based on the health care proffesional who exmanied me 13 months earlier whos report stated i could walk 100 meters.

Regardless of what ever that atos report stated it was 13 months before my dla claim was made and there fore irelevent as my conditon had got worse in this time.

After reciving this i went ahead got a report from my GP which stated the follwoing" He is in constant pain when walking and not just after 50 metres"

Basicaly the tribunal have decided to ignore mey stateing i cant walk any distance without pain and ignore my GP report which states im in constant pain when walking not just after 50 meters. and it seems they have also choose to use the old 13month old atos report.


How can they go against what my gp's report stated, and choose to use 13month old evidence instead? there is no other evidence in the case files other than my gp report and this old atos report.i told them my condtion had become worse since that old atos report and supplied an up to date report from my gp yet still i was turned down.

How is this possible?

sardine

It may be because the ATOS report is based on a physical assessment carried out by experts in the field of disability health. Their report will obviously carry a lot more weight than an ordinary GP, who is qualified only to treat an illness or condition that has caused the disability from a medical point of view.
Even though the assessment is 13 months old, it was for you to prove that it was outdated by virtue of a deteriorated disability and that a revised report now exists and not a two liner from your GP saying how far you can walk (in his limited opinion).

Many claimants actually commission a private assessment based on disability health instead of relying a two penny letter from a GP more accustomed to treating the flu!
I have seen on this site of one claimant who had a private psychiatric assessment carried out in addition to a report obtained from his own NHS funded psychiatrist.

Be it right or wrong, but the best evidence gives the better chance of success.
I personally don't agree with that, but as I have said before on other threads - you know how the game is played - so play it - ignore it, and you will lose.

And has has been said many times before, money buys the best evidence!! Something that I strongly object to also.

jetta_wales

Do you have a consultant you could ask to write a letter on your condition and how it affects you? You really do have to approach these things with as much heavy weight support as possible and you can not have too much evidence in your favor if you're trying to counter a negative report like that which you were given from atos. Your GP, your consultant, maybe a social worker, occupational therapist anybody and everybody who would be able to give you some further supporting evidence.