When a Tribunal not a Tribunal.

Richie-from-the-Boro

skeggysteve wrote: »

Richie,

1. I thought DLA was just for mobility problems and the care element was separate, sorry if I got it wrong/didn't make it clear.

2. Correct.

3. When DLA was stopped and we finally found out - long story not relevant here.

4. Tribunal was last month, June.

5. Don't understand what you mean - she appealed it was rejected went to tribunal, she has written to the Tribunal service to complain about how the tribunal was conducted, that's it to date.

................
BTW when I posted this thread I didn't expect this

http://www.youtube.com/watch?v=vt0Y39eMvpI

Just to make it clear I think the questions your asking are valid but it does seem like the link at times!

Look skeggysteve,

I'm not part any inquisition, I along with other's was trying to be helpful and figure out what caused the DWP to send what you call a representative, and we call a Presenting Officer to represent them at an appeal, additionally ATOS do not make home calls for what you or they call a routine check.

You mention "higher rate" DLA in #1, and later a claim for 'carers'

Your less than clear description of the original and subsequent actual award names, for example higher rate mobility award[DLA-HRM] or higher rate care award[DLA-HRC] clearly confused not only myself but others, this along with an unclear chronology of the 5W's made your post unclear. I was trying to get enough non-personal information to decide whether in fact you had 'triggered' a change of circumstances' and the ATOS visit, and subsequent appearance of a Presenting Officer - or whether these events were 'triggered' by another different event.

skeggysteve

nanny, the original award was for higher rate DLA.
On the same application form she asked for the care element.

The DLA was awarded and the care element was the reason for the ATOS doctors visit - well that is what the DWP told us.

I wouldn't call the ATOS doctors visit a 'medical' - he was with us for about 15/20 minutes.

Yes, we appealed the DWPs decision to stop the DLA because they stopped it based on the ATOS doctors report.

The DWP turned down the appeal and the next step was the tribunal which, as I said in my OP, wasn't anything like we expected.

nannytone_2

we get that DLA was awarded but there are 2 componants. care and mobility.
what rate was she awarded for which componant?

if the ATOS doctor was visitng for the initial DLA claim then they wouldnt have made the award before the ATOS doctor visited, so he must have visited for something else.

an ATOS doctor wouldnt call regarding carers allowance as a middle or high rate DLA care award is all that is needed to get carers as long as 35 hours a week care is being given.

i know you arent meaning to confuse the issue, but it is vital that we know exactly what award was made for BOTH componants on the initial claim

skeggysteve

nanny, the award letter says higher rate DLA for an indefinite period - or word to that effect.

This was awarded months before the ATOS doctors visit.

We were told that the ATOS doctors visit was to assess her care needs.

You mention the 35 hours a weeks care - I live with my wife but she goes out to work so maybe they thought it was under 35 hours?

I'm not meaning to be confusing and I really do appreciate the replies.
The initial award was for higher rate DLA with the the care element to be looked into.

skeggysteve

Richie-from-the-Boro wrote: »

Look skeggysteve,

I'm not part any inquisition, I along with other's was trying to be helpful and figure out what caused the DWP to send what you call a representative, and we call a Presenting Officer to represent them at an appeal, additionally ATOS do not make home calls for what you or they call a routine check.

You mention "higher rate" DLA in #1, and later a claim for 'carers'

Your less than clear description of the original and subsequent actual award names, for example higher rate mobility award[DLA-HRM] or higher rate care award[DLA-HRC] clearly confused not only myself but others, this along with an unclear chronology of the 5W's made your post unclear. I was trying to get enough non-personal information to decide whether in fact you had 'triggered' a change of circumstances' and the ATOS visit, and subsequent appearance of a Presenting Officer - or whether these events were 'triggered' by another different event.

I wouldn't usually quote a recent post but in your case I will.

In post #1 I wrote "higher rate DLA" I said nothing about carers allowance.

I have never said anything about "later a claim for 'carers' ".

You say I have made things unclear - well your not exactly making things clear with these:

DLA-HRM & DLA-HRC & 5W.

I get get the first two but not the 5W one, care to explain?

You seem to be saying that I'm hiding something:

" ATOS do not make home calls for what you or they call a routine check."

I'm not hiding anything, why would I?

My first post didn't ask for help it was just a statement of fact.

If you anyone else want to meet me and look at the paperwork I'm happy oblige, just send me a PM.

....................

Richie, my YT link was meant as a way to try to lighten up the thread. It wasn't meant to be offensive and I'm sorry if it came across that way.

Cpt.Scarlet

Is this what has happened?

- Applied for DLA
- Awarded Higher Rate Mobility Indefinitely
- Either applied for or asked DWP to look at Care
- Doctor visited
- All DLA removed
- Appealed
- DWP decision upheld - no DLA

Assuming the above is correct, what did you send to the Tribunal Service in support of your appeal?

skeggysteve

Cpt, yes correct apart from after DWP decision upheld - no DLA it went to a tribunal - as per my first post.

Info sent to Tribunal Service was our versions of events when the ATOS doctor visited, prescription list (which ATOS doctor sight off but missed one vital drug), consultants report (which ATOS doctor had sight but ignored/mis read/I don't know!) and copies of GP reports.

rogerblack

skeggysteve wrote: »

Cpt, yes correct apart from after DWP decision upheld - no DLA it went to a tribunal - as per my first post.

To sum up - at this point, if it's been under a month, all you can do is to contact the tribunal, in writing, and ask for a statement of reasons.
This may or may not allow the decision to be changed, or the upper tribunal to look at the case, depending on if there are specific errors in law.

Otherwise, you apply for PIP.
If any rate of PIP is awarded, and the upper tribunal later finds in your favour - the DLA award would only run to the beginning of the PIP award.

jacques_chirac

rogerblack wrote: »

To sum up - at this point, if it's been under a month, all you can do is to contact the tribunal, in writing, and ask for a statement of reasons.
This may or may not allow the decision to be changed, or the upper tribunal to look at the case, depending on if there are specific errors in law.

Otherwise, you apply for PIP.
If any rate of PIP is awarded, and the upper tribunal later finds in your favour - the DLA award would only run to the beginning of the PIP award.

Whatever they do, the OP must get assistance from Welfare Rights/ DIAL etc - I fear the biggest stumbling block in their application is that they did/ do not understand what they are doing.

Richie-from-the-Boro

You seem to be saying that I'm hiding something

- nothing further from the truth, I've reviewed the thread
- not only myself, but no individual poster here has implied anything of the kind

ATOS do not make home calls for what you or they call a routine check

- not saying that you are hiding something - merely a statement of fact - something 'triggered' their visit
- do not believe what ATOS told you, they do not pop round and do 'routine checks' a visit is always targetted

My first post didn't ask for help it was just a statement of fact

- in that case I'm out of here
- myself and every other person in this thread read it otherwise
- that you were asking for help

just send me a PM

- never sent one, or read any sent to me ever on MSE or any forum .. .. ever

well your not exactly making things clear

- and there we have the whole tread
- everyone in the thread understands except you
- if you or anyone else doesn't understand the acronyms used, ask as you did with the 5W's and we will tell you

5W's

- the 5W's is - who did what when where and why
- in other words what triggered the ATOS visit
- what triggered the ATOS visit
- what triggered the presenting officer

Best of luck skeggysteve, as stated earlier I'm out of here. I along with others, did not realise as you now put it """My first post didn't ask for help it was just a statement of fact""" we all thought you were - asking for help and an understanding of what happened to your good lady reference ATOS and the appeal.