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TOPIC: Continence/Stoma

Re:Continence/Stoma 7 years 9 months ago #65018

CrazyDiamond ... thanks for the clarification of the legislation.:)
Its certainly empowering to have this knowledge and hopefully someone else reading it can benefit from what you've said at an earlier stage of the process. Over the weekend I was at the stage of just giving up with any claim. I'm extremely fortunate that my husband has a good salary .... from what I understand i'd lose all benefits after a year in WRAG anyway once the means testing kicks in.
I've worked and paid NI/Tax for 30 years and if I did drop my claim and quietly go away then i'm doing just what it appears ATOS/DWP are hoping for and they would see it as validation of their ill-informed judgements about me. I'd be shown as part of their success statistics when they're attempting to justify their existence!

To Harley and MillyMoo, a huge hug of appreciation for sharing your experiences and for the support. MillyMoo ... so good to hear that they eventually saw sense and put you in the support group. Sometimes despite the most understanding family and friends, its easy to feel isolated when it comes to talking about bums 'n bowels. Only someone who has to deal with the indignity and embarrassment attached to incontinence, in any form, can really understand how difficult it can be to give a true picture of how it affects our lives. I know that I use humour and a somewhat OCD approach to my outward appearance in an attempt to face the world. I did wonder if that went against me at the WCA, maybe I should have gone in with unwashed hair, no make-up and looking a tad disheveled ... but then I would have felt even more vulnerable. Thing is, 75% of the time that is how I look and feel :(

Good luck to you both, I look forward to hearing that we (and everyone else) get the benefits we're entitled to.

Thanks Catherine... i'm certainly feeling confident about showing them that I fit the criteria .... I'm also determined to prove that my congenital spinal problems alone should have been given 30 points!! :S

thanks to all of you for the support.
Jill

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Re:Continence/Stoma 7 years 9 months ago #65942

Sorry but more questions from me :)

I've followed the advice and guides from the site and sent of the GL24 last week, followed up on Monday by sending more documentation/evidence and supporting letter from GP.... I will also be sending letters from consultants and stoma nurse as soon as I get them. btw none of my doctors have been contacted by ATOS/DWP despite the box being ticked on my explanation ... I phoned DWP and asked for the name of whoever it was they say they've got evidence from ... guess what, I was told the didn't have the name ... I have now written to ask again for the name as I can't see that they have one.

Despite asking for confirmation in writing that they'd received the GL24 i'd not heard anything so I rang today ... apparently its gone, along with the documents I sent Mon, to the DM for a reconsideration.

I might be a bit ahead of myself but i've a couple of questions please .... if I get a reconsideration and am put into the support group based on the stoma leakage issue (which is being assertively backed up by my GP/Stoma Nurse/Consultant) what happens to the ATOS report?

If you ignore my stoma/abdominal problems then based on my spinal issues alone I should have been put into WRAG and I would have been appealing against 0 points on those grounds alone.

Whilst if i'm put into the support group I guess the points score won't matter for ESA but what is concerning me is that if the ATOS reports is left as it is then will it affect my indefinite award of HRM? Will the reconsideration also cover the points I should have got for walking etc? I've heard that the DLA department is notified of the result of the ESA /ATOS report and i'm worried that they'll use it as a basis to remove my HRM.


Thanks again
Jill

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Re:Continence/Stoma 7 years 9 months ago #65946

Jill

Unfortunately, even if you refute the ESA report and a new Decision is made using your evidence in preference to the ATOS report, it will remain on file and there is the potential risk of it being used with regard to your DLA claim.

There appears to be no way around this and it is not unknown for claimants having to fight the same battle, over the same incorrect evidence, more than once.

The only thing I can suggest is to maintain a full audit trail of any correspondance and to request copies of any and all reports and decisions. But you are already doing this, so the advice is more for anybody else reading this thread :)

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Continence/Stoma 7 years 9 months ago #65951

Thanks Gordon :)

I really appreciate the information, I had a feeling that I could well find myself on the appeal merry-go-round for DLA in the near future but now I will be approaching it with a lot more preparation and confidence when it happens. All documents are filed away and i've got copies of everything ... i'm keeping a diary of the timeline etc. :)

I've certainly learned my lesson about not being prepared. It may have been a bit late in the day but thank goodness I found this excellent site to help me find my way through the system.

Jill

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Re:Continence/Stoma 7 years 9 months ago #65952

Hopefully, if the worst happens, you will be be prepared, and can overturn the Decision at a Reconsideration rather than having to wait for a hearing.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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