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DLA Doctor Visit - Was This Legal?

I need to say what happened today when the ATOS doctor came to assess me/us for DLA. We've been waiting since April for a decision, and I had to phone and prompt them before we got to this next stage, the Doctor visit. We've been really stressed and nervous about all this!

Anyway, I knew from reading online that they are supposed to show you their report, read it back to you or let you read it, and sign it to confirm it's as you said. None of that happened! So will ATOS throw his report out?

Also, the Doctor only made a feeble show of medical checks, ie, he put a BP armband round my husband's arm, but never blew it up or took a reading; similarly, he touched his stethescope to his chest and back but made no attempt to listen or do the normal checks.

So what could he possibly write that was accurate? Is he going to make up those figures??

I really don't want to go through this nightmare all over again. Even while the Doctor was still here, we both ended up in tears actually!!! How much more can we take?

Anybody know whether this is legal?

Comments

  • rogerblack
    rogerblack Posts: 9,446 Forumite
    It is not a medical.

    It is to examine specific things about your condition.
    It is unfortunate, and bad practice that he did not properly take BP/... - but this is not a routine part of the assessment.
    There may have been reasons for this - if your husband was upset, then taking a BP may have been largely useless.

    They do not show you the report, or ask you to sign it, nor are they required to by law.
    Blood pressure and results from a stethoscope, unless in question, are not particularly relevant to the DLA claim. It is unlikely those will be in the report.

    It was quite legal.
    You should phone the DWP, and request a copy of the medical report, and check it for errors.
  • Anubis_2
    Anubis_2 Posts: 4,077 Forumite
    edited 6 July 2012 at 2:54AM
    BonnyBunny wrote: »
    I need to say what happened today when the ATOS doctor came to assess me/us for DLA. We've been waiting since April for a decision, and I had to phone and prompt them before we got to this next stage, the Doctor visit. We've been really stressed and nervous about all this!

    Anyway, I knew from reading online that they are supposed to show you their report, read it back to you or let you read it, and sign it to confirm it's as you said. None of that happened! So will ATOS throw his report out?

    Also, the Doctor only made a feeble show of medical checks, ie, he put a BP armband round my husband's arm, but never blew it up or took a reading; similarly, he touched his stethescope to his chest and back but made no attempt to listen or do the normal checks.

    So what could he possibly write that was accurate? Is he going to make up those figures??

    I really don't want to go through this nightmare all over again. Even while the Doctor was still here, we both ended up in tears actually!!! How much more can we take?

    Anybody know whether this is legal?

    To be honest taking things like BP and stethascope readings are largely a smokescreen. They look at your body language and for signs of genuine illness. For example, someone who suffers from severe asthma is likely to have nebulisers/inhalers out around the house at the ready incase of an attack.

    I mean why wouldn't they? It wouldn't make sense if non where readily available for the patient, and so if the doctor sees no sign of any he may make assumptions. However it could be that the patient keeps their asthmatic meds in their dressing gown pocket as they always have their gown on, but the doctr won't know that, they are not psychic.

    *Some* may also look at your home and may request to go upstairs etc. I know someone who was refused DLA a few years ago because they had a pool table in their house and the doc had written the person was "well enough to play pool" when he never did. It was his sons pool table. He did appeal and won though.

    If, for example, you are claiming you can barely move, cannot clean and your partner/husband works 60 hours a week, and your house is pristine clean, *some* drs may also reach assumptions from that, despite the fact that a cleaner may be employed by the claimant.

    They know what to look for, what body signs to look for, and it isn't all about their medical findings, and they know what questions to ask. They are not all bad though. The one I had, had a terrible bedside manner and was very abrupt, and I thought I would have to appeal but I didn't.

    He wrote down what his opinion was and it was accurate in most places. Try not to worry, I know it is very stressful, but do as Roger states and request a copy of the report, you are perfectly entitled to it.
    How people treat you becomes their karma; how you react becomes yours.
  • mardatha
    mardatha Posts: 15,612 Forumite
    Did he introduce himself ? Was he a Dr ? I would have asked him what he was doing.
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