Multiple DLA Hearings for one applicant

My partner was awarded High Rate Mobility and Low Rate Care in 2010 after being examined by a doctor at home. In 2012 he had to fill in a renewal claim and was again examined at home by and ATOS doctor and lost the mobility component. When we seen the report the doctor had made I complained to DLA and ATOS as there was so many conflicting answers compared to the medical in 2010. We immediately applied for an appeal and he had his first hearing in September 2012. His representative did not appear and I went in with him. The legal person was a dragon and concentrated more on my benefits rather than my partners and we had mentioned he was only wanting the mobility component to be appealed. He got a letter through the post the following week to say his mobility appeal failed but he was still in receipt of care. I wrote off for his statement of reasons and it turned out the decision was being set aside as the legal person felt the decision was flawed.

We managed to get a decent representative who was newly qualified as a barrister and she attended another hearing with him in December but as the GP notes had not arrived the hearing was adjourned. He was told it would be listed as soon as possible and it would be a priority. Despite phoning every week we were getting told it will be February, it will be March until they said it will be April and I asked to speak to a supervisor so he managed to get a date for 28th February 2013.

Both him and his representative attended the meeting and there was a panel of 5 members on the panel (one being from ATOS) the hearing lasted over an hour and the legal representative appeared happy that everything had been covered and said there is a lot of paperwork for us to go over so we will let you know the decision by post. Today his representative called us to say as she had heard nothing she had contacted the appeals service who have informed her that the hearing has once again been adjourned. It has been over a week and we have not had anything in writing. Has anyone else ever experienced this amount of hearings for one claim?

cheekypink wrote: My partner was awarded High Rate Mobility and Low Rate Care in 2010 after being examined by a doctor at home. In 2012 he had to fill in a renewal claim and was again examined at home by and ATOS doctor and lost the mobility component. When we seen the report the doctor had made I complained to DLA and ATOS as there was so many conflicting answers compared to the medical in 2010. We immediately applied for an appeal and he had his first hearing in September 2012. His representative did not appear and I went in with him. The legal person was a dragon and concentrated more on my benefits rather than my partners and we had mentioned he was only wanting the mobility component to be appealed. He got a letter through the post the following week to say his mobility appeal failed but he was still in receipt of care. I wrote off for his statement of reasons and it turned out the decision was being set aside as the legal person felt the decision was flawed.

We managed to get a decent representative who was newly qualified as a barrister and she attended another hearing with him in December but as the GP notes had not arrived the hearing was adjourned. He was told it would be listed as soon as possible and it would be a priority. Despite phoning every week we were getting told it will be February, it will be March until they said it will be April and I asked to speak to a supervisor so he managed to get a date for 28th February 2013.

Both him and his representative attended the meeting and there was a panel of 5 members on the panel (one being from ATOS) the hearing lasted over an hour and the legal representative appeared happy that everything had been covered and said there is a lot of paperwork for us to go over so we will let you know the decision by post. Today his representative called us to say as she had heard nothing she had contacted the appeals service who have informed her that the hearing has once again been adjourned. It has been over a week and we have not had anything in writing. Has anyone else ever experienced this amount of hearings for one claim?

Hi cp,

This indeed is not the norm.

A DLA Tribunal Panel usually consists of a Judge who has legal qualifications, a Doctor, and a disabled lay member.

Sometimes in complicated cases, a District Judge may also sit in, that would give 4 members.

Are you sure that an ATOS Employee was also on the panel, this seems highly irregular ?

bro58

The ATOS person was there because we complained about the doctor and we think he was there to hear what was being said if his doctors report was going to stand up or not. I had went through both doctors reports comparing both answers to every question she asked my partner and there was a different answer to every question and she had also [Mod edit] about examining his upper body as he has now proof of an xray that would put her answer 100% into question. So I think if he wasn't ATOS he was something to do with the doctor as he kept on trying to back up things she had said whilst our barrister was able to emphasise all her answers were questionable.

cheekypink wrote: The ATOS person was there because we complained about the doctor and we think he was there to hear what was being said if his doctors report was going to stand up or not. I had went through both doctors reports comparing both answers to every question she asked my partner and there was a different answer to every question and she had also lied about examining his upper body as he has now proof of an xray that would put her answer 100% into question. So I think if he wasn't ATOS he was something to do with the doctor as he kept on trying to back up things she had said whilst our barrister was able to emphasise all her answers were questionable.

Hi cp,

A Representative of ATOS may have been summoned to the hearing, to provide information to The Panel. However, as a Tribunal Panel must be totally neutral and unbiased, this would preclude the ATOS Rep from being a member of The Panel.

Sometimes, a DWP Presenting Officer is present, he would not be part of The Panel though, he would be there to present the case for The DWP, and would be classed as a "Friend of the Court".

bro58

I called the appeals service today to ask them why my partner had not yet received any correspondence from his hearing which was on 28/02/13 and I was asked if my partner had attended the hearing, when I said he had she told me that he had been told at the hearing that it was adjourned. This is a blatant lie and my partner and his representative (who is a barrister) both say the last thing the legally qualified member was well I think we have heard enough for today we have a lot of paperwork to look through thank you.

What really really annoys me is the fact that the appeals service has a clerk at these meetings and yet they can never provide you with a transcript of the minutes of the meetings.