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TOPIC: DLA medical

DLA medical 8 years 8 months ago #51645

  • maz2366
This is my second DLA application. Refused Oct 2009. I applied again Jan 2010. I had an appeal but was too ill to attend. It was adjourned and I was asked for an Atos medical. I told them last one was inaccurate and damaged my claim. The panel in 2009 preferred the ATOS report! Now they say that the medical is an "integral part of determining entitlement to DLA" Is this ture? Im sure DLA has been awarded to others without a medical. Please advise I need to reply to them asap .many thanks

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Re: DLA medical 8 years 8 months ago #51661

  • Survivor
Is this a medical called for by the tribunal, or a medical called for by the DWP as part of reviewing your claim after the tribunal decision?

A tribunal can ask for any evidence it wants, although it should consider all the evidence before it, not just Atos reports.

In relation to an ongoing claim for DLA, the DWP can insist that you attend a medical although, again, it should take other evidence into account.

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Re: DLA medical 8 years 8 months ago #51666

  • maz2366
Is this a medical called for by the tribunal, or a medical called for by the DWP as part of reviewing your claim after the tribunal decision?

A tribunal can ask for any evidence it wants, although it should consider all the evidence before it, not just Atos reports.

In relation to an ongoing claim for DLA, the DWP can insist that you attend a medical although, again, it should take other evidence into account.

It is being asked for by the tribunal. Last tribunal 2009 the main evidence taken in to account was from the ATOS doctor. Thanks for your help

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