DLA claim being reexamined.

HGLTsuperstar

I second the ATOS stories- long story short after 2 "internal invetigations" (surprise surprise, ATOS not af fault), my complaint finally got referred to the Independat TIer who declared the report not fit for purpose. Apparently the doctor in question has a "number of" complaints dating back to 2004 but they "do not consider this excessive". Surely one is one too many? Anyway ATOS offered £100 compensation, which will go towards all the phone calls and recorded letters I've sent. However the DWP still made their decision based on this report - so have informed them of the IT's finding and asked for a reconsideration and/or a fresh medical. Hopefully they'll respond to this instead of going onto the tribunal.

DX2

kaya wrote: »

before considering an appeal if you are unhappy with the way atos has treated you/behaved PLEASE phone the DWP and begin the official complaints procedure, an appeal tells no-one about atos's dispicable behaviour, enough official complaints and people will have to listen, also phoning your local mp for an appt after complaining goes a long way

Did I miss the posts where either the OP or merlin stated they actually had any dealings with ATOS regarding their DLA renewal?

merlin68

My award was done on the GPs report and my form. ipadagirl.

diolch

I have been reading all about DLA on this site for a while and thought I had got all of the answers I would need. I am filling out the book they sent me, and this thing about getting your doctor to do a report helps.
How do you get a report like that? Been to see my doctor on Friday but he told me that he doesn't do reports like that. He then said that if the DLA people got in touch with him he would have to answer the letter. He knows whats wrong with me and what tablets he gives me, but didn't want to know what I can't do and can do. He told me that has nothing to do with him. He said thats for me to tell the DLA people that.

CouponWoman

diolch wrote: »

I have been reading all about DLA on this site for a while and thought I had got all of the answers I would need. I am filling out the book they sent me, and this thing about getting your doctor to do a report helps.
How do you get a report like that? Been to see my doctor on Friday but he told me that he doesn't do reports like that. He then said that if the DLA people got in touch with him he would have to answer the letter. He knows whats wrong with me and what tablets he gives me, but didn't want to know what I can't do and can do. He told me that has nothing to do with him. He said thats for me to tell the DLA people that.

Its really annoying, the doctor can only comment on what medication a person takes and the basic name of the conditions.

He cannot state if a person can wash himself, dress himself or make a meal or how far he can walk. He is not interested in this part of the patients health. This is why so many claims get refused unfairly.

When filling in the form put every little thing you can think of. Go back over the form several times and add things. The person who reads the form is not medically trained and will rely on the info you give them (if they bother to read the form that is).

The reason for that last comment was that I helped a blind 80 year old lady to fill a form for AA in and it was done really well. The forms at the time asked on page one is the person blind to which I put yes. When the claim was rejected I called on the ladies behalf and they had not spotted that the lady was blind despite it being mentioned on dozens of occasions.

My friend got the highest rate of AA after I complained.

deeplyblue

ipadgirl wrote: »

Just wondering if, please god no, they decide I'm magically "cured" and fighting fit overnight, when they decide payments will stop - can they backdate the decision and demand I repay them?

Brief answer - NO. They might try if they decide that you have been claiming fraudulently - but it's unlikely they'll try that one, especially if you have your GP's support. I wouldn't worry about that.

They can take away a Motability car, but if you lose HRM then you should appeal and whilst the appeal process is going on you can keep the car IF you can manage to keep up the payments from your other income.

Be prepared for them to decide that you are fully fit for work - it happens a lot. So you have to appeal against the decision and you should certainly find help with that - CAB, welfare rights officer etc. Lots of decisions get overturned on appeal (get the CAB/WRO office involved and you have a better than even chance).

Cross that bridge when you come to it. I have some other advice which I posted on the "Is it normal for another GP to fill DLA form in." on this forum, which has some detailed advice. That may not apply as much if you have MH issues, but check it anyway.

Take this one stage at a time. You've jumped through the first hoop - now try to stay calm about the next lot.

deeplyblue

dmg24 wrote: »

Don't ever pay for advice from Benefits and Work. It is disgusting that someone would charge to help someone claim welfare benefits. CAB, DIAL, Welfare Rights etc will all give this help for free.

I think that you are quite wrong on this.

Firstly, CAB and such like will give you the help without you having to pay for it directly. The people who will help you through appeals tribunals and such are usually legally trained. Many, if not most, of them are being paid. The CAB has many volunteers who give their time and their expertise to you, but their full time legal staff will need paying.

The premises that they work from will have to be paid for, and the computers, telephone lines and cleaning services will have to be paid for, as will the advertisements of their services. You may not be handing out the money, but somebody does.

To quote from their site:

How is the Citizens Advice service funded?

• The income of Citizens Advice Bureaux totalled £179 million in 2009/10.
• Bureaux receive money from local authorities, the Legal Services Commission, Lottery funds, primary care trusts, charitable trusts, companies and individuals.
• The income of Citizens Advice totalled £62 million in 2009/10.
• Citizens Advice is largely funded through government grants.

If the government pays for it, then "the tax payer" supports it.

Other organisations are run by the local council, or by charities. They too need paying for.

Secondly, the CAB - and the other services - are being threatened by cuts. This means that some of them are having to restrict their services. Legal aid is also being severely cut back.

There will still be charities who will help you without demanding a fee. In many cases people with disabilities are having to manage on very low incomes, and these advice services are there in order help them. But even when they are not receiving money from the public purse, someone is giving time or money to keep them going. Help from charities is not a right, and people able to access that help have to bear that in mind.

Cuts in support for organisations like the CAB means that people are, increasingly, going to have to pay for things which they once got without making a direct payment. I believe some CABs are now restricting benefit help to those who are going to tribunals - there are so many more of them that the CAB is going to be hard pressed to keep up. When the "migration" from IB to ESA is under way there are going to be many more people, and CABs are not, I think, going to be getting any more money to help.

As regards the Benefits and Work site - first, disclosure: I am a paid up member, though I have no other financial or administrative involvement.

I was/am prepared to pay them for the services they provide. I also pay for my dental services (the dentist I used for years went private, and I decided that, whilst I could, I would pay). In my household we have, over the years, paid for physio, chiropody, care services, music lessons, extra maths tuition, libraries, will writing, medical consultants and many other things which we might perhaps have expected to be able to get free or do ourselves.

Part of the agenda of the current government is to keep pushing this process forward. They want to restrict all sorts of services which we once expected the public purse to fund, and make you pay for them privately. The idea is that they will put through tax cuts which will enable some people to pay for these things. Those whose income is also being cut will have to manage without, or find those charities which still have sufficient income to help them.

Benefits and work also charge for some of their services, but not all. You are free to read many of their news items, and all of their forums. Anyone wanting to get advice will find that most queries have come up on the forums, and there is lots of sensible stuff there. One of the benefits of the way that site is run is that it is very tightly moderated.

Is it disgusting that people make money out the sickness, the misery, the conflicts and difficulties of others? Maybe - but check the salaries of policemen, lawyers and doctors before you answer that question.