What to do when ESA 85 lies report denies DLA Care Claim...

Sup

Hi

I got a letter today about my request for a reconsideration about a DLA LRC award i was given a few months ago. I was hoping to get MRC but the letter said they won't change the LRC decision.

They based both the original LRC award and the reconsideration on my failed ESA assessment i had in June last year even though when i phoned DWP and asked them to reconsider the LRC award and told them most of the things on the ESA 85 report were in-correct.

I also informed them at the time i was appealing against the ESA decision as the ESA 85 Medical report was full of inaccuracies (i have since been placed in ESA Support Group for 2 years after a reconsideration). I'm gutted that the 2nd decision maker based his opinion solely on the failed ESA 85 report and didn't contact my Doctor like i asked them to.

At the ESA assessment in June i told the Atos HCP i needed help getting out of bed, needed help getting into the bath/shower, washing legs, drying lower half and dressing lower half. I fall daily and can't get up on my own + other things but the HCP wrote i do all these things myself (which isn't true). Thankfully the HCP wrote i couldn't do any cooking as i have to use crutches to stand/walk and can't carry anything due to my mobility/balance problems, so i was awarded LRC for the cooking test but all my other care needs are being ignored.

My only option now is to go to a tribunal but with PIP starting in April i'm not sure if i should appeal or just accept my current indefinite awards and wait till 2015+ to try and get the correct help for my Care needs then.

I know appeals take 6+ months before they're heard so if i appeal and won will i then be an early target for PIP re-assessment or would i still be in the 2015+ re-assessment group?

I have been receiving HRM for 20+ years and didn't realise i could also claim the Care component until i spoke with CAB in August last year.

It's so frustrating when so-called Atos professionals write in-correct info and it denies people the help/care they rightly need.

Any advice on the best thing to do next?...

Thanks

miduck

It is your choice as to whether you wish to proceed to tribunal, but if you do continue you need to submit medical evidence yourself. Whilst the DWP may request evidence from your GP/ specialist, they do not have to.