DLA ATOS Home Visit - update, a sad outcome

SandraScarlett

Hi, I posted this on the ATOS thread, but thought I might get more advice from the D & D posters. I'm one of those strange people who quite like completing forms, :eek:so I often do these for family, friends and neighbours.

One of these, who is a 64 year old lady, receives DLA HRC and LRM, which was due to be renewed in December last year. Since the original award her mobility has seriously deteriorated, so I listed all the medical details etc, she sent it in October, but when her renewal letter arrived, she's been awarded the same HRC and LRM but indefinitely.

She asked me to write a letter on her behalf, repeating her worsening mobility problems, which I did, and has now phoned in a panic, to say that she has received a letter from ATOS, to say that a doctor is making a home visit next week. She's phoned and confirmed the time is OK, and asked me for help but

(a) I know nothing whatsoever about ATOS (I don't even know what it stands for)

(b) I can't be with her anyway, even just as a supporting friend and

(c) I don't know what an ATOS home visit by a doctor entails.

I've suggested she reads through all the info on the copy of the form that I did for her, and writes down how receiving HRM DLA would help her, for instance, she could afford a taxi to places like the library, her classes that she attended for about 20 years, visiting friends etc.

I know she's a hermit at the moment, because the bus stop is too far away for her to walk to and even though she has a car, some days she hasn't the strength in her limbs (arthritis) to drive, and I know all her shopping is delivered.

Her husband, who does all the caring, and is, I think, in his late 70s, will be there to answer the door etc, but he's not very talkative as he has a speech impediment. The letter says Doctor (Surname) will be attending.

What other advice should I give her please, other than to wait to be asked questions and think before she answers, and should she ask to see a copy of any form that is prepared by the doctor?

Many thanks.

xx

rogerblack

SandraScarlett wrote: »

I've suggested she reads through all the info on the copy of the form that I did for her, and writes down how receiving HRM DLA would help her, for instance, she could afford a taxi to places like the library, her classes that she attended for about 20 years, visiting friends etc.
<snip>


What other advice should I give her please, other than to wait to be asked questions and think before she answers, and should she ask to see a copy of any form that is prepared by the doctor?

In no particular order - yes, they can send out a doctor to assess you, and these are employed through ATOS.
The advice you gave is basically it.
The hard part is that it can be very, very easy to minimise your disability, and consider matters you struggle with 'normal'.

What you want to spend things on is not a factor in the doctors decision.
High rate mobility is given for (amongst other things):
Being unable to walk 30 yards or so without severe discomfort.
It causing a severe danger to health to walk.
Not being able to use at least one foot to walk, with an aid.

SandraScarlett

Thanks very much for that, I've emailed my friend your post. I spoke to her earlier and she took my advice and read the copy form I completed.

Good job too, because she wouldn't have thought of mentioning things like having her shopping delivered because she can't do it, or giving letters to the postie, because she can't manage 50 yards to the postbox.

xx

SandraScarlett

Just to update, I rejiggled things and went to support my friend. The doctor was professional and polite, and showed my friend everything that was written.

The visit lasted just over an hour and a half, and was very thorough, but as my friend was just telling the truth, she didn't find it too stressful. Except when she was asked to describe her type of pain, and she found this difficult, and started to cry.

I chipped in then and said "Marion, you've told me before that it's like a stabbing pain, would that be right?". She agreed and then went on to describe the various sensations that she gets, as the pain "cycle" begins and worsens.

She was asked how she coped with things like shopping, and said she had it delivered, and that she drives but some days her leg ached so much that she couldn't even walk to the car.

She was asked to walk, which she did, for a few yards, and I showed the various aids that she has, like rails in the hall, and her bedroom, and things in the bathroom, which is like stating the bleedin' obvious, but I pointed them out. In fact, my role was like Debbie McGee, with a flourish of my arm, as I revealed each item!

I'd organised her tablets, repeat prescriptions, appointment card for the physio etc, on the table, so the doctor just checked them. We were told the doctor would send the report the next day to the DWP. I'll report here as to what eventually happens.

xx

SandraScarlett

My friend phoned me yesterday hysterical. Her HRC and LRM has been withdrawn completely, back dated to November, which is when the last claim ran out, though it had been renewed.

What was worse, was that the letter read along the lines of "you don't need help because you can do this and do that", and the ATOS doctor had written the opposite!!!

I'll be honest, when I've read about ATOS on here, I've thought that if you tell the truth on your forms, and when you get a home visit, or go to an appointment, you tell it like it is, then all should be fine, and I couldn't understand the remarks that I read from posters. What a fool I am!:o:o:o

So I hot footed it to her place this morning, and together we read through the letters, and then I wrote out the points she needed to raise. All the time I was speaking very calmly, and she'd stopped crying and was just sniffing and hiccupping every so often.

I got the number, pressed the buttons and then passed the phone to her, and she started to speak to the person at DLA, and then just started sobbing. I decided to let her carry on, because she wasn't being rude, and I thought it wouldn't do any harm for them to know how upset she was.

She was read the findings of the report, and was asked if she wanted to say what was wrong. She went through everything, and then said that she could understand if they'd deemed her HRC should now be MRC, or even LRC, bearing in mind she even needs help to wipe her backside, day and night, but how could she go from HRC to nothing?

Anyway, she was told the £392 she gets each 4 weeks will stop, and it could take 11 weeks to look at again, after which she can, I think, appeal in writing or go to a tribunal.

I've seen her upset when her parents and friends died, but I was shocked at the effect this info had on her, and tried to put myself in her position. Poor thing, she was desperate, and she's not daft, and has support, so how others manage I don't know.

But I wondered, she's 64, and could it be a factor? Cos I believe if you have DLA before you're 65, then it continues? She also had the LRM, and I think she thought she might get HRM after the doctor saw her!!!!

Is there anything I can do to support her further? I'm just so worried at her state of mind. Any advice would be gratefully accepted.

Thank you.

xx

SandraScarlett

Sorry, I forgot this bit. The new claim was early December, not November, and she had £392 at the end of December, and the same at the end of January, and was expecting the same next week, which she won't get.

But what happens to the £784 she's been "overpaid"? She's confused, and accepts that, for the moment, she must repay it, but will they with-hold collection, pending what happens whilst the case is being appealed?

And if she loses (I haven't said this bit to her, cos I'm trying to sound positive), or they demand payment now, does she have to send it in a lump sum cheque? :eek: I could help her out, and would, but would it come to that? Or would they ask her to repay it over a period of time?

Thanks.

xx

rogerblack

SandraScarlett wrote: »

Anyway, she was told the £392 she gets each 4 weeks will stop, and it could take 11 weeks to look at again, after which she can, I think, appeal in writing or go to a tribunal.
<snip>
But I wondered, she's 64, and could it be a factor? Cos I believe if you have DLA before you're 65, then it continues? She also had the LRM, and I think she thought she might get HRM after the doctor saw her!!!!

It sounds like you're doing all you reasonably can.

The fact she's 64 shouldn't have anything to do with it.

Do you have a copy of the doctors report that is being used to support the decision?
What the doctor said at the time, and what was actually written may differ.

To address procedural matters.
It sounds like what has happened has been:
She was sent renewal forms, and completed those, and then a decision to award HRM/LRC was made in November.
She eventually got the paperwork, and then asked for a reconsideration of this decision.
The decisionmaker decided they diddn't have enough evidence, and sent out a doctor.
The doctors report came in - and they decided (rightly or wrongly) based on this that they can say she does not qualify.

They then revised the original decision back in November.

However.
Has she actually appealed in writing?
If she has not - she needs (or if you're dealing with it...) to write them, and state that she wishes to continue her appeal against the original decision of (give the date in november). As the decision on reconsideration was not more favourable to her, the appeal should not wait on a further reconsideration, and should be sent to the tribunals service as soon as possible.

It may also be useful to request the entire file.
http://www.dwp.gov.uk/privacy-policy/data-protection/

sunnyone

SandraScarlett wrote: »

Sorry, I forgot this bit. The new claim was early December, not November, and she had £392 at the end of December, and the same at the end of January, and was expecting the same next week, which she won't get.

But what happens to the £784 she's been "overpaid"? She's confused, and accepts that, for the moment, she must repay it, but will they with-hold collection, pending what happens whilst the case is being appealed?

And if she loses (I haven't said this bit to her, cos I'm trying to sound positive), or they demand payment now, does she have to send it in a lump sum cheque? :eek: I could help her out, and would, but would it come to that? Or would they ask her to repay it over a period of time?

Thanks.

xx

Its not an overpayment if the details in the first post are correct, she was given a new indefinate award which she questioned because she believed she should get HRM alongside HRC and because she questioned this they have reassessed her new claim and decided she was entitled to zilch.

GlasweJen

Lower mobility doesn't deteriorate into higher mobility. Lower is about supervision out doors and higher is for people who are "virtually unable to walk".

There was always the gamble that the award could go up, down or stay the same - the doctor thinks it should be lower for whatever reason.

The problem is what did the doctor see? If the claim form says that your friend can't cook a meal unaided and in the kitchen there is baking equipment, heavy pots or something else that contradicts the "cooking test" then questions will be raised to the validity of the claim.

Cast your mind back, did anything happen during the visit which would cast the claim in a bad light, did the lady make the doctor a cup of tea or coffee, did she answer the door and walk back to her living room. You know what was on the form, does even the smallest thing trigger alarm with the claim?

SandraScarlett

sunnyone wrote: »

Its not an overpayment if the details in the first post are correct, she was given a new indefinate award which she questioned because she believed she should get HRM alongside HRC and because she questioned this they have reassessed her new claim and decided she was entitled to zilch.

Thank you so much for your post. When she (me) completed her renewal form, sometime in Sep/Oct, her DLA was due to run out in early December. She received the letter saying it would continue for an indefinite period.

She asked if she could have her mobility DLA reconsidered because of her difficulties. Then she had the ATOS medical, and I was there, and honestly thought that everything was going hunky-dory, though I did warn her that from what I've read on here, HRM is not awarded without a struggle.

She received 2 letters yesterday. The first said that, following her medical, she wasn't entitled to anything. The second said she wasn't entitled to anything from (3rd I think) December, which was the date the old award ran out.

But she's had 2 payments since, so will that be recovered, if she's not entitled to it, and will it be as a lump sum, or staggered over a period of time?

xx

nannytone_2

i know it isnt relevant to this threat but, with sight impairment LRM does lead to HRM with deterioration.

once sight ( or lack of it!) deteriorates to a certain level then HRM can be paid