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TOPIC: Atos and DLA

Atos and DLA 3 years 2 months ago #63051

Hi

If you fail your ATOS medical does your DLA automatically get withdrawn, although I had been awarded it until 2014?
From what I have read,you have not one, but two battles on your hands,if you fail the ATOS medical.I will go to appeal,if that's the case. It just seems so ridiculous,having met the criteria to receive the reward,only for it to be taken from you because of ATO'S!!!
Last Edit: 3 years 2 months ago by Derek4. Reason: potentially libellous word removed
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Re:Atos and DLA 3 years 2 months ago #63058

Seems to be the way of things at the moment, it's quite possible that the problems you have that in the past got you HR DLA on both counts might not even get you DLA at all this time around without an appeal.

I have just taken delivery of a new Motability car, but I'm betting I won't have it for the full 3 years without a fight......
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Re:Atos and DLA 3 years 2 months ago #63059

Unfortunately, it is not unknown for a medical assessment report for ESA to be used to review DLA entitlement, despite the fact that they are two entirely separate allowances with different qualifying criteria.

Any attempt to review the DLA award should not normally take place until after the appeal hearing for ESA, as this decision could be overturned by the tribunal, but in the current climate there is an insatiable desire to terminate benefit entitlements come what may, by whatever means that are available, whether or not they are lawful. Appeals are fast becoming a large part of the claims procedure, and if the DWP (prematurely) terminate a DLA award on the strength of an ESA medical assessment report, then you will have no option to appeal the adverse DLA decision.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Atos and DLA 3 years 2 months ago #63060

  • Gordon
  • OFFLINE
  • Forum Moderator
juliette wrote:
Hi

If you fail your ATOS medical does your DLA automatically get withdrawn, although I had been awarded it until 2014?
From what I have read,you have not one, but two battles on your hands,if you fail the ATOS medical.I will go to appeal,if that's the case. It just seems so ridiculous,having met the criteria to receive the reward,only for it to be taken from you because of ATO'S!!!
No, however, it can cause a re-assessment of your DLA if there are apparent discrepancies between your DLA claim and an ESA one.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Atos and DLA 3 years 2 months ago #64113

So, if you are expecting a ESA form through the door, it would be a good idea to look out your DLA claim from last time and see what you said then?

Seems amazing that ATOS (or whoever) are efficient enough to find records from years back and look at them - not when they haven't the time to read a consultant's report.
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Re:Atos and DLA 3 years 2 months ago #64117

@sfros46

Did the prospect of DLA review/"migration" to PIP cause you to re-evaluate whether you were "safe" getting a Motability car?

I'm coming to the end of a Motability lease, and wondering if I should get a new Motability car. I like the arrangement (and my existing car) but worry that it could be lost (together with the deposit) if the IB to ESA "journey" goes badly. :unsure:
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