ATOS previous medical biting me in the bum!

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ATOS previous medical biting me in the bum!

Postby Roseofsharon » Sat Nov 12, 2011 5:54 pm

As most of you know earlier in the year I had to appeal my ESA Medical as they scored me no points, well I won the appeal for my ESA. I recently applied for DLA so as I could pay to get some help in the house. Well, I received a letter yesterday that used that B***** medical to assess my DLA. How can they assess me with a previous medical??????? THat medical was a joke! So now I've gotta go through all the hassle again, just to get DLA. That shouldn't be allowed! They haven't written to my doctor, nor either of my specialists! Nor have they really taken into account that things could have changed since that medical nor that that medical was overturned by the courts! Any advice anyone????
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Re: ATOS previous medical biting me in the bum!

Postby *Lisa* » Sat Nov 12, 2011 6:39 pm

Call up first thing monday and ask for a reconcideration.

Note all these pointers down.

The person on phone will ask you many questions to why you need it reconsidered. Tell her what you put above and give her the phone numbers of any specialists/GP you seen recently again.

If this does not go in your favour you can ask for an appeal, failing that is the tribunal

:fingerscrossed:
As a Public Moderator & Admin of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia...Lisa
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Re: ATOS previous medical biting me in the bum!

Postby stealth49 » Sat Nov 12, 2011 7:23 pm

i was turned down dla in june this year and the decision makers in their infinite wisdom based the decision on an esa medical 7 months prior to my dla claim.i didnt even get a medical. it took just 8 days from me sending off the claim form to getting a total rejection. so that means they didnt even get in touch with my gp or others. i didnt appeal as i was too ill and just didnt have the energy. I didnt think it was lawful to base 1 benefit on anothers medical report. I mean esa is your capability for work and dla is for care i think.& even if it is lawful its not very moral is it.
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Re: ATOS previous medical biting me in the bum!

Postby taffeeapple » Sat Nov 12, 2011 9:06 pm

i agree with the other people, and i am sorry you didnt get it, but i would say dont bother with asking them to look at it again tell them you want to apeal, they automatically look at it again anyway.
start getting any medical letters together to support your claim.
hopefully you will not have to go tribunal,but if you do, :fingerscrossed: it will be worth it
good luck
caroline x
I like to shake it, but the fibro does it for me.
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Re: ATOS previous medical biting me in the bum!

Postby denys » Sat Nov 12, 2011 9:13 pm

They can use any report done within the previous 12 months, not fair when the report is in fact a fairytale, get a letter from your doc and any specialists, send them together with any specialist reports you may have had done, submit them as further information, photocopy everything before sending and :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: it would seem corners are being cut so that they can get through the backlog of cases a little quicker, but all they are doing is creating a bigger backlog in the appeals process :yikes: :yikes: :yikes: :yikes: :yikes: :yikes: :yikes: :yikes: :yikes: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: and :goodluck2: :goodluck2: :goodluck2: :goodluck2: :goodluck2: :goodluck2:
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Re: ATOS previous medical biting me in the bum!

Postby MrsM » Sun Nov 13, 2011 12:13 am

This has also happened to me! I won my ESA tribunal on my 5 page report alone :D The DLA wrote to my Doctors, but didn't bother waiting for a reply and used the ESA medical from 8 months ago instead :nono: I went from HRM and Care to nothing.... :shock: So i have included the report that i wrote for the tribunal and a strong letter to the DWP. I'm still waiting for a reply
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Re: ATOS previous medical biting me in the bum!

Postby denys » Sun Nov 13, 2011 5:40 am

:fingerscrossed: :fingerscrossed: you get a positive answer soon and :welcome: to the forum :wave: :wave: :wave: :wave:
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Re: ATOS previous medical biting me in the bum!

Postby Azz » Sun Nov 13, 2011 10:27 am

I hope all works out well for you. :fingerscrossed:
Hannah xx

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Re: ATOS previous medical biting me in the bum!

Postby lilypad » Mon Nov 14, 2011 9:55 am

Hi...

sorry to hear that ther using ur esa medical for dla..... :crazy:

so do the esa use a dla medical then?....i wonder as im applying for esa and had a medical for my dla

lily
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Re: ATOS previous medical biting me in the bum!

Postby Roseofsharon » Thu Dec 01, 2011 1:09 pm

When I first received the letter I wondered if I had the strength or will power to carry on and appeal for DLA, however somehow I found the strength. I photocopied all of the specialist reports that I had a copy of and also photocopied my CAB submission for my ESA appeal. These I sent in with a covering letter that I took the time to hand write and I almost literally begged that they would give me some help. In the letter I pointed out that they had not contacted my doctor nor my specialists, I also told them how things are for me on my worst days, when I cannot even get out of bed, or walk across the room. I don't know what more I can do, but pray that this will work this time. Whether or not this will work I have yet to find out, but I thought I'd pop in and give an update as to where I am as far as DLA and getting help goes.

Thanks for your replies peeps and I will keep you abreast of what is happening for me.
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Re: ATOS previous medical biting me in the bum!

Postby MrsM » Mon Dec 19, 2011 4:52 pm

I have had my DLA re looked at, and they have decided i am not entitled to anything! Today i received all my documents ready to go to Tribunal. They have 2 years worth of evidence from Consultants and my GP who have confirmed i have difficulties and an ongoing disability, yet the decision makers at the DLA are still going off the ESA medical :evil: I also sent them the 5 page report that the Tribunal looked at for the ESA appeal, but that has made no difference. I am so anxious, and stressed, as i have to fill out the ESA form again in January! It seems all i'm doing is fighting to try and prove i'm ill. :shock: At least i have my family to support me, but there must be people out there scared to death! :(
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Re: ATOS previous medical biting me in the bum!

Postby Roseofsharon » Wed Jan 11, 2012 4:49 pm

I've had a rough few weeks, including having my meds changed over Xmas.

HOwever I don't know if I have good news or not. I have found myself a couple of short courses with the Open University which I will be studying this year (Got my financial assistance forms stamped at the Job Centre yesterday). So that is a good thing that I am looking forward to.

I phoned a care provider direct yesterday and found out that I can only afford a maximum of one hour per fortnight (Not as much as I need as I need someone to come in twice a week to help with the house, but this will reduce me to one half hour a week,) oh well, at least I will get some help I suppose.

Woke up this morning with a severe migraine which meant that I had to go straight back to bed and not do anything useful with my day (grrr I need to get my house and my washing sorted out).

To add to all this when I did finally stagger to my front door to check my mail on my map was sitting one of those familiar brown envelopes from the DWP. This letter was simply a waste of paper. All it said was that they are sorry that they haven't given me a decision on my request for them to look at my claim again, and that the would give me a decision as soon as possible. Is this good? I don't know.
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Re: ATOS previous medical biting me in the bum!

Postby noonoo » Thu Jan 12, 2012 1:32 am

Hi everyone, i think we are all in the same boat with the dla. I applied for dla last jan, it has been denied three times even after having a medical which was a complete waste of time as the bloody woman didnt have any idea of what life is like for me, however i appealed again in october last year so it is now going to the tribunal, reecieved all my papers for tribunal in nov and it said i may have to wait till feb of this year for the hearing. I rang them on mon and asked when they thought the hearing would be as i have been getting a bit anxious about it, well the woman on the phone apologised for the letter stating it could be as late as feb for the hearing because infact the hearing would not take place until at least OCTOBER or NOVEMBER.

Well i am still in a state of shock, i cant believe it having to wait a year for the tribunal hearing. But i am not giving up i will continue to send them evry single letter or report that i get from any of my therapists to back my case up. I suppose what i am trying to say is dont give up, never give up. One day they will have to take notice of us and realise that we are people with a dabilitating condition that needs to be taken seriously. So there dla stick that in your pipe ans smoke it.

Big hugs to you all my fibro friends
NooNoo
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Re: ATOS previous medical biting me in the bum!

Postby animalhouse » Thu Jan 12, 2012 1:21 pm

i am another one in the same boat noonoo.

i got so fed up of waiting for my original tribunal after a year, they said aoubt may and it was auugst - that i reapplied.

so now i have just had a no from appeal (whidh i am appealing) and i no from reapplication who based on my esa medicals probably and a letter from my doc saying he has never examed int :roll: :roll: :roll: buts saw him todayu and he will verify some notes i sent to him about my moblity and care neds.

:fingerscrossed: everyone. :-) :-)
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Re: ATOS previous medical biting me in the bum!

Postby Roseofsharon » Tue Feb 07, 2012 11:32 am

Thank you to all who have replied. Yes there are a lot of us in this position right now. My hugs to al of you.

I received an update this morning - yes that very familiar feeling of that brown envelope on our door mat. Now they have written to my consultant and are waiting for an update from them. :-? I don't know if this is good news or not.... Yes I am struggling and I hope that they come to the right decision, but I do wish it didn't take so long. Oh well, I just have to wait for a decision....
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