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DLA renewal / Atos visit
10 years 7 months ago - 10 years 7 months ago #110107 by mon24
Replied by mon24 on topic DLA renewal / Atos visit
Hi - quick update I had the atos medical with 2 days notice and hubby took notes.
It was stressful and although dr was pleasant, was also playing detective but did eventually look at some medical evidence I had gathered for him.
I've had letter re award - I've read your appeals procedure - I am happy with my mobility award but not care award.
The letter I received from the DM stated that I could do quite a number of things that I had told the dr I could not. Also I had stated on my renewal form that I could not do these activities and required help.
Whilst I don't want to go through the stress of an appeal, I do not like the fact that there are incorrect statements made about my abilities - is it possible to either:
A) write to the DM and point out the statements that are incorrect in relation to my abilities, but state that I do not wish to appeal?
as above but request a reconsideration of the care component only?
Or would it need to be done via appeal? Thanks
It was stressful and although dr was pleasant, was also playing detective but did eventually look at some medical evidence I had gathered for him.
I've had letter re award - I've read your appeals procedure - I am happy with my mobility award but not care award.
The letter I received from the DM stated that I could do quite a number of things that I had told the dr I could not. Also I had stated on my renewal form that I could not do these activities and required help.
Whilst I don't want to go through the stress of an appeal, I do not like the fact that there are incorrect statements made about my abilities - is it possible to either:
A) write to the DM and point out the statements that are incorrect in relation to my abilities, but state that I do not wish to appeal?
as above but request a reconsideration of the care component only?Or would it need to be done via appeal? Thanks
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10 years 7 months ago #110109 by Gordon
Your writing to the DM will have no useful effect, no records will be updated and no opinions will be changed.
So, if you are unhappy with your care award your only choices are to ask for a Reconsideration or to Appeal, our recommendation is to Appeal, you lose nothing by doing so and you may save considerable time if the DWP do not revise their Decision.
You can appeal just the Care component, but the DWP and the Tribunal can expand the appeal to include the Mobility component if they think it is reasonable for them to do so, it is unlikely that this will happen, but is still a possibility.
Have a look at our DLA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
and the following FAQs
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
DLA Medical – What forms to ask for?
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any questions on the above, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA renewal / Atos visit
mon24 wrote: Hi - quick update I had the atos medical with 2 days notice and hubby took notes.
It was stressful and although dr was pleasant, was also playing detective but did eventually look at some medical evidence I had gathered for him.
I've had letter re award - I've read your appeals procedure - I am happy with my mobility award but not care award.
The letter I received from the DM stated that I could do quite a number of things that I had told the dr I could not. Also I had stated on my renewal form that I could not do these activities and required help.
Whilst I don't want to go through the stress of an appeal, I do not like the fact that there are incorrect statements made about my abilities - is it possible to either:
A) write to the DM and point out the statements that are incorrect in relation to my abilities, but state that I do not wish to appeal?
Or would it need to be done via appeal? Thanks
Your writing to the DM will have no useful effect, no records will be updated and no opinions will be changed.
So, if you are unhappy with your care award your only choices are to ask for a Reconsideration or to Appeal, our recommendation is to Appeal, you lose nothing by doing so and you may save considerable time if the DWP do not revise their Decision.
You can appeal just the Care component, but the DWP and the Tribunal can expand the appeal to include the Mobility component if they think it is reasonable for them to do so, it is unlikely that this will happen, but is still a possibility.
Have a look at our DLA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
and the following FAQs
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
DLA Medical – What forms to ask for?
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any questions on the above, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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