DLA ATOS Home Visit - update, a sad outcome

SandraScarlett

Well after an evening of anguished phone calls from my friend, her daughter, her sister and the mutual friend, I decided leaving sorting this out till Monday, would mean several of us deprived of sleep till then.

So, thanks to modern technology, I was able to read her letters, from the Disability and Carers Service (which I'd wrongly referred to as the DWP), and answer the incorrect claims, sentence by sentence.

I did the letter and then with a click it was winging its way to my friend's daughter, who's printed it. :j:j I've also asked in the letter for a copy of the ATOS Doctor's Report, and a copy of the Decision Maker's Statement of Reasons.

All my telephone callers have asked me to pass on their thanks to the good folk on this site. I'll let you know the next instalment.

xx

Ziggazee

Have you ever considered that her benefit has been withdrawn because she no longer requires help with personal care. The fact that she has all the aids and adaptations mean that she is already getting the help required and therefore she no longer needs help from someone else.

Similarly, low rate mobility is for people who need guidance and supervision when outdoors. As your friend cannot get outdoors then she has no need for the guidance or supervision.

Just a thought

oldhand

Sandrascarlett,you sound like the sort of friend everyone should have,you have more than enough problems of your own and yet take the time to do your level best for others.You were not to know how atos operates in real life and you can take comfort in knowing your friend was not the first nor sadly the last person this will happen to.Even professionals like cab are often left baffled by the results of an atos "medical".
As others have advised appeal verbally and in writing,I wish you the very best of luck.

FBaby

The first thing I picked up when reading your first posts is that you say that SOMETIMES she can't use her car and go shopping hence doing internet shopping, but surely if she can sometimes, she can arrange to do her shopping on these days?

Similarly, the inconsistency I picked up (and sorry to bring this bit up), you say that her husband has to wipe her bum. How can she have the ability to use a steering wheel and gear (even if automatic), but not reach behind her?

Could it be that there were more of what could appear inconsistencies that they took as not accurate?

helentay_2

Ziggazee wrote: »

Have you ever considered that her benefit has been withdrawn because she no longer requires help with personal care. The fact that she has all the aids and adaptations mean that she is already getting the help required and therefore she no longer needs help from someone else.

Similarly, low rate mobility is for people who need guidance and supervision when outdoors. As your friend cannot get outdoors then she has no need for the guidance or supervision.

Just a thought

I've just been reading this thread as similar could very well happen to my parents if either decided to challenge their awards.

You clearly have a point. Logic dictates that if help that was previously needed has now been met by the use of aids and adaptions then there should no longer be any help required.

Looking at it the opposite way, if these aids and adaptions were not there would help be needed - more than likely.

So like you, I feel that the DWP have made the right call on the basis that what help was needed in the past has now been resolved.

helentay_2

oldhand wrote: »

Sandrascarlett,you sound like the sort of friend everyone should have,you have more than enough problems of your own and yet take the time to do your level best for others.You were not to know how atos operates in real life and you can take comfort in knowing your friend was not the first nor sadly the last person this will happen to.Even professionals like cab are often left baffled by the results of an atos "medical".
As others have advised appeal verbally and in writing,I wish you the very best of luck.

I would also mention that claimants and agency staff have also been known to be 'baffled' when a better than expected award drops through the letter box!

I have heard and seen of cases involving both ESA and DLA where the claimant was astounded when the awards were even made!

One such case in particular involved a person who contacted AgeUK in respect of claiming DLA. Eventually an award was made for mobility and care. Some weeks later the Welfare Advisor happened to see this same gentleman cleaning the windows up a ladder of their building. She asked a few questions and quickly realised that it was one and the same. She immediately telephoned the DWP and reported what she had seen.
Whilst she had done a good job in helping him claim DLA, she wasn't aware that he was not entitled to it.

nannytone_2

thats exactly why i stopped working for DIAL
we were told that it wasnt our job to judge the application, just to try and get an award ( i assume funding is barsed on suxxess)
i couldnt continue to be complicit in what i considered to be turning a blind eye to benefit fraud

helentay_2

nannytone wrote: »

thats exactly why i stopped working for DIAL
we were told that it wasnt our job to judge the application, just to try and get an award ( i assume funding is barsed on suxxess)
i couldnt continue to be complicit in what i considered to be turning a blind eye to benefit fraud

I think all Welfare Advisors should have a legal responsibility placed on them that if they suspect that someone is asking to make a fraudalent claim it should be referred to both the police and the DWP. Where they believe that a benefit award is unjustified they should also be required to contact the same two authorities. Accountants, Financial Advisors and Solicitors are required so why not all that are involved in providing Welfare Benefits advice?

what you were asked to do was a conspiracy to obtain money by deception which is punishable by up to 10 years in jail.

nannytone_2

just to point out ...

we werent told to falsify anything.
just ask the questions and put down what the client was tekking us ( in the best poddible light)
at times though.... i knew they were lying because they were contradicting things that i knew to be fact ...

the man who walked across the car park carrying crutches, but by the time he came through the door, it was like he'd collapse if he took one more step.
he then told me that he couldnt walk at all without them ....

i handed his form onto someone else because i couldnt allow myself to be complicit.

we had many many genuine claimants.

but enough who were just after 'free money' to make the job almost worthless as it became a game of beating the system

SandraScarlett

oldhand wrote: »

Sandrascarlett,you sound like the sort of friend everyone should have,you have more than enough problems of your own and yet take the time to do your level best for others.You were not to know how atos operates in real life and you can take comfort in knowing your friend was not the first nor sadly the last person this will happen to.Even professionals like cab are often left baffled by the results of an atos "medical".
As others have advised appeal verbally and in writing,I wish you the very best of luck.

Oh what a lovely thing to say. Thank you very much. I must admit ATOS (still don't know what the letters stand for) was, and is, another world to me, and I just hope the phone and appeal and letter might help.

FBaby wrote: »

The first thing I picked up when reading your first posts is that you say that SOMETIMES she can't use her car and go shopping hence doing internet shopping, but surely if she can sometimes, she can arrange to do her shopping on these days?

Similarly, the inconsistency I picked up (and sorry to bring this bit up), you say that her husband has to wipe her bum. How can she have the ability to use a steering wheel and gear (even if automatic), but not reach behind her?

Could it be that there were more of what could appear inconsistencies that they took as not accurate?

Well, you certainly have a point there, but I am only taking what my friend says, as the truth, as she sees it. She's got problems in her arm and hand, which means she can't get her arm behind her. I would add, I have not done any bum-wiping duties! :eek:

Apparently, if she has her driving seat adjusted to a particular height and the back part of the seat tilted forward, she can drive, but only short journeys. Her left hand is OK. I have arthritis in my right hand, so I know what she means, but apparently some days her arm is more painful than others.

helentay wrote: »

I've just been reading this thread as similar could very well happen to my parents if either decided to challenge their awards.

You clearly have a point. Logic dictates that if help that was previously needed has now been met by the use of aids and adaptions then there should no longer be any help required.

Looking at it the opposite way, if these aids and adaptions were not there would help be needed - more than likely.

So like you, I feel that the DWP have made the right call on the basis that what help was needed in the past has now been resolved.

Yes I agree aids, like rails in the hall and her bedroom, help her, but until they invent a bum-wiping robot, and one that can slice and peel and chop things, she needs help.

I've helped her on and off the loo a few times, and once when I took her shopping to get an evening dress for the Barmitzvah of the son of a friend, she asked me to unclip her bra, and zip her up, and then the reverse afterwards.

Her daughter's printed and posted the letter I composed, and she said she now feels she's done what she can - for now. To me, the moral of this story is, that if you feel you should be on a higher DLA, and inform the powers that be of this, you should be prepared for this being refused, and your current allowances taken away, especially in these times of austerity.

But of course, we can all be very wise after the event, and hindsight is a wonderful thing!

xx