Should I correct them?

rogerblack

Duvarayi wrote: »

If they had used the claim form it clearly states that I cannot walk 50 meters.<snip>

For mobility she says I can walk over 50 meters and are not restricted in the speed and manner of my walking that i am virtually unable to walk.

They are supposed to read the documentation, and if your condition varies from your claimed condition, make some comment as to why.

In short - send in an appeal (assuming the decision was under 6 weeks ago) and outline the errors in the report, and that you believe your case has been decided incorrectly.

This will unfortunately take some time. Request an oral hearing at the tribunal, not a paper one, and you are much more likely to get a result.
Regretably, the time it takes for an appeal to happen may be a year or so.
Mine took 13 months from claim to tribunal decision, and is closing on a month from the tribunal decision - I'm still awaiting payment.

Duvarayi

Thank you for your replies.

rogerblack you did say the examiner's report may affect the DLA application which is exactly what I thought when I saw it. The letter for it came today. It left me in tears really and I wish the lady who made the decision can come and swap with me. I also felt angry on behalf of all the people who are told by Atos they are not fit for work at their well paid jobs and then again the same atos will then say they are fit for work for WCA. DWP ignores those medical reports and only accept the WCA ones.

We have not asked for the different illnesses we have and are treated as if we chose to be like this.
I was under the impression that it's not even the illness they look at but the impact it has in the day to day living. Looking at the letter it says current medication,test results and symptoms details have been used to make the decision. Unless they want the results to say my bones and joints are gone then.
Feeling degraded for needing help to go use the bath is clearly no indicaton of my mobility problems to them.Do I need to tell them that I also wet myself if I don't shuffle fast enough to get to the toilet? I live in a first floor flat and I am stuck indoors for weeks and the stairs drive me crazy when i have to go out.

Sorry for ranting. May I ask,do I appeal or ask for reconsideration in writing first with the GP letter I am also sending for ESA? Put in the copy of the new treatment as well since they look at the treatment as well? Will the direct payment lettter help and social worker,physiotherapists involvement help do you think?

HB58

If you request an appeal you will get a reconsideration first anyway and your case will only proceed to appeal if the recon does not go in your favour. To my mind, asking for a seperate recon first is simply prolonging the agony!