Some queries about my DLA appeal - sorry!

Hello again

At my DLA renewal in June, I went from HRM & HRC to HRM & LRC. So I appealed, as the list of my care needs they agreed I needed on the SofR, take far longer than an hour each day.

Anyway, after an ATOS home visit for the reconsideration, they decided to take away the mobility completely, and now give me LRC for the cooking test instead of the care needs. There were many errors in the ATOS report and in the reason the DM stated for needing the medical in the first place - he/she had misread a consultants letter and taken a phrase out of context to imply I had improved in recent months. (which unfortunately I havent). So I wrote back outlining the errors in both the ATOS report & the DM form, telling them I wish to continue my appeal.

Today I have received an acknowledgment letter from DWP (form DBD645). In this they say they are passing my papers onto the ATOS customer relations team and "they will look at it and we will write to you soon".

Does this mean that I will have to go through another medical do you think? I really had hoped that I wouldnt be forced to go through the ordeal again as the original DM referral was based on an error. Will this delay my appeal do you think?

Or are they following up the normal complaints procedure as there were errors in the ATOS report? The address for my correspondance to the DWP has now changed to MU73 DISPUTES at Blackpool.

This whole thing is so frustrating because I submitted exactly the same medical evidence for my ESA50,as I did for my DLA renewal, and I was told on Friday that ATOS (different doctor of course) have decided that I dont need an assessment and am being put straight in the Support Group. Should I let the DWP appeal people know as further evidence, or not?

I would really appreciate any advice. Thank you in advance for any help.

bobber31 wrote:

Hello again

At my DLA renewal in June, I went from HRM & HRC to HRM & LRC. So I appealed, as the list of my care needs they agreed I needed on the SofR, take far longer than an hour each day.

Anyway, after an ATOS home visit for the reconsideration, they decided to take away the mobility completely, and now give me LRC for the cooking test instead of the care needs. There were many errors in the ATOS report and in the reason the DM stated for needing the medical in the first place - he/she had misread a consultants letter and taken a phrase out of context to imply I had improved in recent months. (which unfortunately I havent). So I wrote back outlining the errors in both the ATOS report & the DM form, telling them I wish to continue my appeal.

Today I have received an acknowledgment letter from DWP (form DBD645). In this they say they are passing my papers onto the ATOS customer relations team and "they will look at it and we will write to you soon".

Does this mean that I will have to go through another medical do you think? I really had hoped that I wouldnt be forced to go through the ordeal again as the original DM referral was based on an error. Will this delay my appeal do you think?

Or are they following up the normal complaints procedure as there were errors in the ATOS report? The address for my correspondance to the DWP has now changed to MU73 DISPUTES at Blackpool.

This whole thing is so frustrating because I submitted exactly the same medical evidence for my ESA50,as I did for my DLA renewal, and I was told on Friday that ATOS (different doctor of course) have decided that I dont need an assessment and am being put straight in the Support Group. Should I let the DWP appeal people know as further evidence, or not?

I would really appreciate any advice. Thank you in advance for any help.

Hi,

We cannot answer queries relating to individual claims, as for example we do not have access to case papers etc.

However from what you have said, it maybe worth double checking with the DLA unit that they are still taking your case to appeal and not treating it only as a complaint about ATOS. To be honest I have not come across the 'MU73 DISPUTES' departments address before. Hence the need to confirm your appeal is still progressing (carried out in writing maybe the best course).

Re your ESA50 however, whilst there is some degree of overlap between ESA and DLA, essentially they are differing benefits paid for differing reasons.

ESA looks at whether you can work or not. DLA looks at your care and mobility needs. Hence it is entirely possible to be awarded DLA and be fit to work, just so much as it is possible to be awarded ESA in the Support Group but not qualify for DLA.

The only real way to establish whether one report may help the other is to obtain some face to face advice from a Welfare Rights Agency/CAB etc who can go through your claim papers and establish what may/maynot be relevant.

Pete

Many thanks for that.

That is a good idea about writing to confirm the appeal is still going ahead, and it isnt an only an ATOS dispute. I've looked again at the letter they sent & it does say "when we look again at the decision made on your claim, we may look at the whole of the decision and not just the part you have asked us to look at", so it still hopefully an appeal, but I dont want to risk leaving it if there is any doubt. Is that sufficient to mean it is still an appeal?

Also, in the letter (DBD645) it states "We have passed on what you have said to the ATOS Customer relations team. They will look at it and will write to you soon". Does this mean that ATOS will write to me soon, and not the DWP, in relation to the Doctors report, and the DWP will look at the appeal overall, (as I'm also disputing the DM's reason for the medical in the first place)?

Apologies for more questions - I have searched and cant find any answers. Thank you again for any assistance

Thanks so much for that

I was getting more flustered and more confused the more I read it - either brain fog or sheer panic as the outcome is so important.

Thank you again!