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DLA Appeal refused, got copy documents now

PostPosted: Mon Jul 09, 2012 12:28 pm
by bricheno
Had a letter saying they upheld their first refusal and sent me copy documents now for tribunal.

If you read any of my previous posts I mentioned one reason to be turned down was from 'information gathered by the Fraud Investigation Service'.... well, what a surprise... no copies of anything in my information. So, a. they have chosen not to send it, or b. they didn't have anything in the first place and maybe it was a scare tactic?

Well it won't scare me as I've done nothing wrong - I stand by all my information sent to them.

Some of the comments on the Atos report are so far out.... apparently I confused him as I said 'pretty much' and 'having trouble'... he said I had good colour and looked well (??!!) he said I had no problem pulling at clothes and manipulating paperwork.... he also states I can walk at normal speed at a likely distance of 100-200 metres - hmm, considering I only managed to stand, get my balance and walk two paces with my husband !

Apparently he also thinks I can manage with pans, cooker, stairs, dress/undress, bath/shower etc without help - maybe he should spend a week with us sufferers and see. My own GP report even states 'genuine physical disability' so how come they take the word of someone who has seen you for less than an hour?

They also contacted my 'consultant' - only they contacted my neurologist who did my MRI scans - not my Rheumatologist for the FM, or the Cardiologist for my POTS syndrome! They also said I provided old evidence - I included all my consultant letters from the start of my pains 2 years ago, to the diagnosis of FM in July 2011, and the POTS in Jan 2012. I applied in February, how recent does it have to be!

It's all interesting reading, once you can decipher the handwriting.

Maybe they should plant cameras in my house and see how many times I stumble and fall - I even fell a couple of weeks ago attempting to put two side plates and a few pieces of cutlery away... managed to slice my head nicely on a knife. BUT wasn't deep enough for hospital so yet another one with allegedly 'no injury'. Maybe I should've taken my eye out then they might have taken me seriously.

So frustrated. Sorry to moan !

So, what happens next? Guess I need to find some help with the tribunal....

What a rollercoaster :!:

Re: DLA Appeal refused, got copy documents now

PostPosted: Mon Jul 09, 2012 12:41 pm
by Shelleigh
I know how you feel with ATOS. I got a copy of my report for appeal and the nurse that saw me said I was fine with taking my mobile phone out of my bag. I don't even own a mobile. It makes me sick how they take what a nurse says over my own GP.

Re: DLA Appeal refused, got copy documents now

PostPosted: Mon Jul 09, 2012 1:07 pm
by djgs
I've had a similar experience with ATOSser not really convinced it was me they were talking about as i my recollection of the appointment differs from what they wrote, maybe I was hallucinating (would i get more points for that). I have heard that the amount of people who appeal and get the decision over turned is quite high so wishing you the best of luck with your appeal

Re: DLA Appeal refused, got copy documents now

PostPosted: Mon Jul 09, 2012 3:09 pm
by denys
:goodluck1: with your tribunal :fingerscrossed:

Re: DLA Appeal refused, got copy documents now

PostPosted: Mon Jul 09, 2012 3:13 pm
by bricheno
Thanks for all your best wishes :-) I love having this forum to sound off on - where would we be without each other :!:

Probably in the dark - exactly where they want us.

So what happens next? Do I respond to the copy documents, or wait until I receive the Tribunal pack and respond directly to them? I'm wondering whether to send a letter to the DWP anyway stating they missed out copies of the fraud investigation information and see how they respond. What do you think?

Re: DLA Appeal refused, got copy documents now

PostPosted: Mon Jul 09, 2012 3:21 pm
by denys
Ring the DWP and request the missing documents if they query which documents explain you had been told they had some information from the fraud department. Inform them you are going to tribunal so that they have no excuse in 'forgetting' to send your tribunal pack get an appointment with someone who can help such as CAB or DIAL, they are really busy so try now before you have the pack to make sure you arent cutting things fine with their dates and :fingerscrossed: it all goes well

Re: DLA Appeal refused, got copy documents now

PostPosted: Mon Jul 09, 2012 3:23 pm
by joz74
Why don't you write a letter to your local mp

Re: DLA Appeal refused, got copy documents now

PostPosted: Wed Jul 11, 2012 11:26 am
by bricheno
Going to write and ask for the missing info - I would ring but I get so flustered on the phone these days!

Plus I guess it's good to have it all down in writing.

Going to contact Welfare Rights and see if they can help me with the tribunal - do they come with you as well or is it just a paperwork thing?

Thanks to all for your continued advice :-)

Re: DLA Appeal refused, got copy documents now

PostPosted: Wed Jul 11, 2012 12:11 pm
by millymoodoo
Hi

When you receive your tribunal papers all the information should be there and numbered ready for your coming tribunal. I really can't see how they have evidance from the fraud team. They are not allowed to withold any information!!

Millyxx :-)

Re: DLA Appeal refused, got copy documents now

PostPosted: Wed Jul 11, 2012 1:05 pm
by *Lisa*
Good luck for your tribunal.

I would try and see what this fraud investigation is as its very important.

Now you have all the info and copies you have something to go on. Fight all the pointers they gave against you with medical back up letters or GP report , anything you can find also maybe a statement from someone who cares for you may go with it.

Put trinunal in the search top right for added information

Re: DLA Appeal refused, got copy documents now

PostPosted: Wed Jul 18, 2012 8:19 pm
by claireh18
Bricheno

I am in a similar situation. I was previously on HRC/LRC and at renewal in April 2012 (tho got renewal claim form in Nov 2011!) got only LRC.
Had medical from ATOS at home last month and got letter today saying still only LRC. Also 'dr' that visited me at home has lied on the form, said i rose, stood and walked including stairs unaided (a blatant lie as my mum helped me) also said that i should be able to walk 250 metres unaided and without pain... i wish!!!!
Do we have to somehow prove that we are in pain? They cannot prove that we are not in pain!!

Just waiting for tribunal to contact me now but all this stress is certainly not helping at the moment!
Good luck with everything x

Re: DLA Appeal refused, got copy documents now

PostPosted: Mon Jul 23, 2012 2:42 pm
by bricheno
Posted my letter requesting missing info on 11 July - no response so sending another one today.

I've written pages on the errors they have made in contradicting everything they've been told, plus everything the Atos doc saw and didn't see.... still baffles me how he can say I can walk 200m when he only saw me move about 2!

It's no wonder we all end up frustrated on this forum :crazy:

Still waiting on the OT appointment but doubt that'll even be taken into account anyway. Beginning to wonder whether to bother with all this fighting when everything changes again next year and we'll all be battling again then !

Claireh18 you are absolutely right - stress is not helping at the mo !
Good luck to you too.... and all those going through the same xx

Re: DLA Appeal refused, got copy documents now

PostPosted: Tue Jul 24, 2012 12:44 pm
by isitme
200m seems to be the magic number.

although i did same as you rose from settee and she put her arms out to help me, i took 2 steps then she told me to sit down , but on her summary said i could probably walk 200m.

she did say in descriptsion pain in hips etc but the what do you think bit they like to round it up to 200m for some reason. :?: :?: :?:

i even had a conversation with her about the family do the shoppping mainly or if i go i have to sit on ends of aisles, nothing fragile of course we both joked, to rest from pain or go and sit and wait in cafe.

you cant mention anything as used against you. also probably based on i was alone so had to go answer do and do not use aids, told her i use a stick outside but inside our hall is narrow so cant hold on to wall for balance and <10m to settee, prob 5 if that.

lrc is definitely the most popularist.

have told them i will appeal but don;t know if i can keep fighting after doing so for over 2 years had to fight first and only got lrc.

Re: DLA Appeal refused, got copy documents now

PostPosted: Tue Jul 24, 2012 12:47 pm
by isitme
also said i was suicidal, severly depressed and suffered anxity and panic attacks which she noted but i am ok mental wise. :crazy: :crazy: :crazy:

Re: DLA Appeal refused, got copy documents now

PostPosted: Fri Jul 27, 2012 2:01 pm
by bricheno
Afternoon all :-)

Guess what - just had a call from DWP stating that they made a 'clerical error' in adding that they had info from the 'Fraud Investigation Service'.... not at all surprised, exactly what I expected really.

Just read through Atos doc's report again (what I can decipher from the writing)... it is just a joke. Contradicting everything you say to them seems to be in their training after reading everyone elses experiences. I still can't get over the fact I used 'phrases that he found confusing' ??

Hey ho.... and on we go :-D