DLA ATOS Home Visit - update, a sad outcome

GlasweJen

That is true but the lady in the OP is experiencing a decrease in mobility. The lady has to be "virtually unable to walk" to qualify for high level DLA in the circumstances.

SandraScarlett

GlasweJen wrote: »

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?

Thank you very much for your reply. I've thought and thought, and absolutely nothing happened, which is why I'm so surprised. Her husband offered to make a drink for the doctor, who refused, and brought one in for me, and one for my friend.

She went through all the rigmarole about what she couldn't do, preparation wise, in the kitchen, and the doctor never went there. The doctor asked to see "aids", and I showed her the rails in the hall and bedroom, and the bath lift, raised loo seat and surrounding cage thing.

My friend was seated the whole time, never answered the door, or got up, except when she was asked to, when she walked a few steps, with her stick in one hand, and holding on the furniture with the other.

I had to rejiggle my day to go over and support her, and though it was a bit of a fart, I felt so pleased, because, to me, everything went so well! I'm absolutely gobsmacked!

My friend said the things that were read out to her on the phone from the DWP were the complete opposite (as were the letters) to what was said.

If anyone is reading this who is thinking about challenging their award, this might be a cautionary tale.

xx

ebsay

This is really awful for your friend!

An indefinite award changed into zero DLA benefit! :eek:

She must really be beating herself up!

Please ignore anybody here, who might suggest that you shouldn't have pointed out her disability aids etc to the ATOS 'doctor'.

The things were on display because your friend needed them, and were not just 'planted' for his visit!

I imagine the professional, polite 'doctor' will already have decided she was going to fail, before he had even entered the house and met her!

They have targets to meet!

Ethics by 'medical' personnel employed by ATOS go out of the window, when they take ATOS's 30 pieces of silver.

He was a smiling 'Assassin' :mad:

You are clearly a good friend to her, and i know you have mentioned that she has a husband, but please try and continue to support her emotionally throughout this whole awful situation.

Have you read this post? http://forums.moneysavingexpert.com/showpost.php?p=59511455&postcount=1388

It's sadly not a rare case, that people wrongly assessed by ATOS end up dead afterwards.

SandraScarlett

rogerblack wrote: »

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/

I'm going to see her again on Monday, and suggest we (me) write a letter, stating everything she did on the phone, even though I think she said the person she spoke to on the phone at DWP, gave her the option of appealing verbally there and then, or in writing, and then something about that the case would be looked at by another decision maker, and if my friend still felt the decision unfair, appealing in so many days, and asking for a reconsideration or to go to tribunal.

Does that seem, the way I've written it, accurate? Thanks very much for the advice you and others are giving. I know I can put a letter together, and I don't get flustered on the phone, and anything I can do to help someone who can't cope, as long as I'm sitting on my backside is fine.

It's just I know nothing about this sort of situation, and I sense she's depending on me for help, and to sort it out.

xx

GlasweJen

Even if the lady has asked for an appeal verbally get it in writing too.

I'd also ask for the decision makers "statement of reasons" which will detail why the decision was made. Go through this with a fine tooth comb, write a letter pointing out all contradictions and back these up with as much relevant evidence as possible.

zaksmum

This is the problem with trying to help a friend out with such matters. You feel almost as if you're personally responsible when things go wrong.

I've been helping my friend too by filling in forms for her as she finds them very daunting and struggles with her spelling - when she fills her own forms in they end up a mess of crossings out, answers placed in the wrong boxes etc.

At the moment she's going through a nightmare of sudden redundancy and so there are even more forms to be filled in and things are going from bad to worse for her, just like for the OP's friend.

I'm losing sleep over it all.

OP, your friend can appeal and should do too.

Take it as far as you possibly can.

Fingers crossed for a positive outcome!

SandraScarlett

ebsay wrote: »

This is really awful for your friend!

An indefinite award changed into zero DLA benefit! :eek:

She must really be beating herself up!

Please ignore anybody here, who might suggest that you shouldn't have pointed out her disability aids etc to the ATOS 'doctor'.

The things were on display because your friend needed them, and were not just 'planted' for his visit!

I imagine the professional, polite 'doctor' will already have decided she was going to fail, before he had even entered the house and met her!

They have targets to meet!

Ethics by 'medical' personal employed by ATOS go out of the window, when they take ATOS's 30 pieces of silver.

He was a smiling 'Assassin' :mad:

You are clearly a good friend to her, and i know you have mentioned that she has a husband, but please try and continue to support her emotionally throughout this whole awful situation.

Have you read this post? http://forums.moneysavingexpert.com/showpost.php?p=59511455&postcount=1388

It's sadly not a rare case, that people wrongly assessed by ATOS end up dead afterwards.

The doctor was charming, and asked what aids there were, apart from the armchair, which is a rise and relax type, and walking stick, which were visible.

So I asked if he'd like to see them, and he said he did, so I showed them. He wealked right past the rails in the hall when he came in.

When they were discussing Marion's toilet needs, her husband, who's late 70s with a stammer, was asked what he did to assist, and even though he was dying of embarrassment, trying to explain with his impediment, and discussing something so personal, he did.

I'm going to give her all the support I can, but as I've said, I'm fine at completing forms, and writing letters, but I just worry, because she was so broken up, going from HRC and LRM to nothing.

That link is frightening. Thank you for your help.

xx

PS - I had a call from a mutual friend, and she was the one who thought that if Marion got HRM, pre 65, then that would continue post 65, and perhaps they were trying to save money by cancelling everything.

Anyway, after I've helped with the letter on Monday, we're both taking her out to lunch - another reason to delay The Diet!

SandraScarlett

zaksmum wrote: »

This is the problem with trying to help a friend out with such matters. You feel almost as if you're personally responsible when things go wrong.

I've been helping my friend too by filling in forms for her as she finds them very daunting and struggles with her spelling - when she fills her own forms in they end up a mess of crossings out, answers placed in the wrong boxes etc.

At the moment she's going through a nightmare of sudden redundancy and so there are even more forms to be filled in and things are going from bad to worse for her, just like for the OP's friend.

I'm losing sleep over it all.

OP, your friend can appeal and should do too.

Take it as far as you possibly can.

Fingers crossed for a positive outcome!

Well you've hit the nail on the head, as the people I help have trouble with form completing, and because the outcome is so awful, I feel I've let her down. :eek: My own life isn't a bowl of cherries, as DH has mobility problems, plus he has Alzheimers, but, given the chance to offer to help friends or not, I'd still do it.

I'll certainly put everything in writing, based on the reasons in the letters and I'll ask for a copy of the report as well.

Thanks for your help.

xx

nannytone_2

used to work ay DIAL completing DLA and AA forms and preparing appeals.
but i would NEVER do a form for friends or family because i would then feel responsible for the outcome.

i made my beighbour an appointment with another advisor to fill out his forms, and when my middle grandson became severely disabled, i told my daughter to ask her social worker for help.

its too emotionally draining to get involved in something that is so important when there are other people that can step in and do an equally good job

SandraScarlett

nannytone wrote: »

used to work ay DIAL completing DLA and AA forms and preparing appeals.
but i would NEVER do a form for friends or family because i would then feel responsible for the outcome.

i made my beighbour an appointment with another advisor to fill out his forms, and when my middle grandson became severely disabled, i told my daughter to ask her social worker for help.

its too emotionally draining to get involved in something that is so important when there are other people that can step in and do an equally good job

Yes, but with respect Nanny, you were in the position of working in an environment where there were many other people who could assist with forms.

It is emotionally draining when things don't work out when you try to help a friend, but I've known her over 40 years, and she didn't anticipate problems, or she wouldn't have asked me.

When I didn't know where to turn when DH got worse and worse, she told me to phone the council and ask someone to visit, and gave me some leaflets for her area, where there were clubs for those with dementia and Alzheimers.

By phoning these I was able to find the correct name for those in my own area. These leaflets had been at her church, and she'd thought of me, so what goes around, comes around.

xx