Re Home Visit for DLA Assessment

Dear Gordon

I am the lady you advised about the appalling treatment I received from a Doctor who humiliated me, at my Tribunal for Esa. I followed through on your advice and I requested for the Original decision to be set aside. The Request went to a District Judge who agreed. Everything went ahead, but on the Morning of the Second Tribunal I had a phone call from the Clerk of the Court explaining that The Panel had decided that the Medical Information was so Strong,that I was being placed into the Support Group.

You can imagine I cried with Relief. Thank you all from the Bottom of my heart for all the Support and Help received from your Superb Team of Advisors. My only problem is that straight after winning the ESA Tribunal, I was assessed for my DLA, because my health has deteriorated. I was awarded Higher Mobility and Lower Care. My Benefits Advisor suggested we ask for a Reconsideration for Middle Care, because I need a lot of help from my Husband, I have Severe Cervical Spondylitis, OsteoArthritis throughout my Body and Fibromyalgia, which collectively severely affects my day to day living.

The DWP sent along a Doctor to assess me. The Outcome was I lost everything, all that was stated on the Day the doctor had reported inaccurately. We have Applied for another Reconsideration and Submitted six further pieces of Medical Evidence including Letters from My Consultants who have stated all my Conditions are Irreversible and Permanent and will only get worse.

The Question I would like to know is, I have been told that to receive the ESA component for Mobility which I have received, is a Harder Test to Pass, than the Dla Criteria Is that true?, and do you think that it will have a Positive effect on the Decision Maker's Decision, because if I am Forced to attend another Tribunal it seems ridiculous after only just passing one for ESA.

Thank you All.

Dear Gordan
I wanted to share my news, after 8 long months I attended the Tribunal for my DLA on the 8th of April, and have been so exhausted with pain and fatigue that I could not respond until today. The Judge reinstated my award of Higher rate Mobility and Lower Rate Care.Fortunately they could see for themselves how bad the flair ups are, because I had lots of swelling in various joints for them to visibly see for themselves including a representative from the DWP and I was in a lot of pain and stiffness which affected my Mobility greatly. It is interesting because as I explained to the Judge I was exactly the same on the day of the Examination last August with lots of swelling, pain and stiffness and exhaustion, but the HCP from AtOS who conducted the assessment did not bother to examine me Properely and I believe was determined by what he wrote to fail me from the onset. This as you know is my second Tribunal for Mobility, the Judge was very annoyed that the DWP had not updated the ESA win on Mobility grounds, as he stated it was totally contradictory, that I passed one Tribunal for my ESa, and a doctor then states there is no evidence to suggest significant mobility issues, despite ther being 13 pieces of Compelling Medical Evidence stating my Medical Condition is permanent and irreversible and will only deteriorate further. What a waste of Taxpayers Money! I wanted to say how I was so fortunate to have found your Web Site the Guidance is second to none and so Professional. A huge Thank You to You Gordan and to All of your associates who so tirelessly give of their time, and to my Wonderful Macmilan Benefits Team who were so supportive on the day and in the lead up to the tribunal.
With Much Appreciation

dilys wrote: Dear Gordan
I wanted to share my news, after 8 long months I attended the Tribunal for my DLA on the 8th of April, and have been so exhausted with pain and fatigue that I could not respond until today. The Judge reinstated my award of Higher rate Mobility and Lower Rate Care.Fortunately they could see for themselves how bad the flair ups are, because I had lots of swelling in various joints for them to visibly see for themselves including a representative from the DWP and I was in a lot of pain and stiffness which affected my Mobility greatly. It is interesting because as I explained to the Judge I was exactly the same on the day of the Examination last August with lots of swelling, pain and stiffness and exhaustion, but the HCP from AtOS who conducted the assessment did not bother to examine me Properely and I believe was determined by what he wrote to fail me from the onset. This as you know is my second Tribunal for Mobility, the Judge was very annoyed that the DWP had not updated the ESA win on Mobility grounds, as he stated it was totally contradictory, that I passed one Tribunal for my ESa, and a doctor then states there is no evidence to suggest significant mobility issues, despite ther being 13 pieces of Compelling Medical Evidence stating my Medical Condition is permanent and irreversible and will only deteriorate further. What a waste of Taxpayers Money! I wanted to say how I was so fortunate to have found your Web Site the Guidance is second to none and so Professional. A huge Thank You to You Gordan and to All of your associates who so tirelessly give of their time, and to my Wonderful Macmilan Benefits Team who were so supportive on the day and in the lead up to the tribunal.
With Much Appreciation

Hi d,

I am sorry to hear that you had to suffer so much in attending the Tribunal.

However, I am very pleased that you were successful.

Well done for fighting for your entitlement.

Thanks for letting us all know, and thank you for your kind words regarding all at B&W.

Macmillan are a godsend !!!

bro58