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DLA stopped after ESA medical??***WON***

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Just a quick one hopefully.

 

My son's DLA was stopped and the reasons given was that he failed a IB medical, the doctor that saw him declared him fit to work, he never applied for IB it was ESA!

 

Now here is the thing, he wasnt examined and blatantly disregarded my son's specialists notes/letters. He wasnt caring about his ESA as he had been accepted to college before the desicion came through.

 

Now we are appealling with the help of the top Dermatologist in Scotland, but surely they cant say no to DLA on a work based medical.

 

Just because someone is disabled that doesnt stop you working, and a medical based on IB shouldnt count towards his DLA claim.

 

The question is how should he word his appeal?

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Well spoke to son's specialist today and he went 'mental', had a rant. My son's health is so bad he has now been admitted to Hospital for at least a week!

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dont worry too much you need the lettefrom the specialist and your own doctor but also ask your doctor if he had already been contacted before the medical....here you must send in a subject to access reqest to the DWP and also ask for a full audit trail to be included in your SAR this will also help your appeal because you will see the reasons why and who asked or this medical..but also you must SAR ATOS ORIGON AND THIS IS WHERE YOU MAY FIND A DISCREPANCY AS IT COULD BE THE DECISION MAKER WHO HAS CHANGED THE DATA .... they have been known to interfere with medicals and if this has happened then it will mean a possible prosecution against the DWP and a claim for damages and stress you wil more likely win your appeal as over 69% win or figures close to that margin...

hope yhis helps

patrickq1


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Just a quick one hopefully.

 

My son's DLA was stopped and the reasons given was that he failed a IB medical, the doctor that saw him declared him fit to work, he never applied for IB it was ESA!

 

Now here is the thing, he wasnt examined and blatantly disregarded my son's specialists notes/letters. He wasnt caring about his ESA as he had been accepted to college before the desicion came through.

 

Now we are appealling with the help of the top Dermatologist in Scotland, but surely they cant say no to DLA on a work based medical.

 

Just because someone is disabled that doesnt stop you working, and a medical based on IB shouldnt count towards his DLA claim.

 

The question is how should he word his appeal?

 

Have they given any reasons for the decision? It is up to the decision maker to prove there has been a change of cirumstances. The criteria for DLA are different than either ESA or IB so it will be hard for them to justify this, if his entitlement to DLA was in question he should have been given an opportunity to put his case. Make sure he appeals within one month of the decision.


Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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the goverment changed the goal posts and allowed jobcentre plus to pick at random any claimant or so it seems they had me in three years running and twice in the last 16 months they failed me on the last two occassions fortunitely my surgeon who was to perform major atrerial surgery to my abdomen and both legs plus a heart by pass sent them a letter questioning the medical experiance of the doctor who did the all works test it turned out this person was not a doctor ....then the troubles begun for the manager of the dwp because the records dissapeared as well...still ongoing my cmplaint against the department...once you cross them you seem to be on their hit list well i am ...ive just been refused income support for housing benefit reason was i had a extension built in 1991 and they deemed it an unneccessary expenditure ? so ive just appealed ...gggrrr DWP seem to be a law unto themselves at times some little hittler no doubt huh ..

patrickq1


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Thanks guys, I now have my Mp involved along with 2 dermatologists and our own GP.

 

The reason's on his for was the form itself and the medical he had for IB!!

 

Our own GP hasnt had any letters from DWP. They are looking again at the decision but in the mean time we just have to wait they said.

 

My son has been in hospital all week, and he got home for the weekend, but he has to go back on Monday for at least another week for more specialist treatment as there is some parts of his body but mainly his feet and ankles that will not heal(open sores) and he has just been diagnosed with Arthritic Psoriasis as well.

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i think you may find that the first deciscion was an automated deciscion,though the DWP will deny this takes place and no deciscions are automated when in fact approx 40 per cent are due to the enormous backload of work now put on so few staff...due to cutbacks that started 3 years ago...

patrickq1

ps you want the full claim backdated do not listen to any excuse they can only backdate ex amount of weeks there have been enough legal cases to prove otherwise


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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They have looked again at the answer and came back saying he is still not entitled to anything!!

 

It is now in the hands of my MP, his specialist and I have an appointment with a benefits specialist at the CAB next week.

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please dont tell me it was atos healthcare who did the medical

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Of course it was Post, my son had a medical for ESA, yet they stopped his DLA as they said he was fit for work. It states he had a medical for IB, not ESA, and since when does DLA have anything to do with IB!!!

 

He condition has gotten worse over the last few weeks as well, and he has developed an infection like coldsores all over, and there is a part near his eyes that may have affected his eyesight! This is due to his immunosuppressants.

 

Oh well lets just keep fighting them!

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Just wanted to wish your son all the best hunni.

Rae xx

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Thank you Rae, it will be a long haul against them, but Im determined they wont get away with this, and so is my Son's dermatologist. I was very worried too as there is a motobility car involved, but Motobility have given us the car for another 6 months, so that is a great relief.

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Got another letter stating the reasons for declined DLA, and one of the reasons was a letter from his GP that they had requested 2 weeks ago. Now just by chance we were at the doctor's again today, and according to my son's doctor, the only form they have had from DLA and that was back in October, it was promptly returned by his GP stating exactly what is wrong with my son, and how immunosuppressants affect his body, and how bad his skin is.

 

So why should the DWP lie about a letter from my son's GP when they havent had one!!!

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Aw shucks, don't worry about the DWP. These sort of 'misunderstandings' are bound to crop up from time to time!

You're appealing so, just concentrate on gathering up your medical evidence for your son. With your GPs and dermatologists support - and any other healthcare professional you can think of - you'll be just fine.

Good luck and keep us posted.

Rae

Edited by RaeUK
typoo

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Of course it was Post, my son had a medical for ESA, yet they stopped his DLA as they said he was fit for work. It states he had a medical for IB, not ESA, and since when does DLA have anything to do with IB!!!

 

i tink you will find all tests through esa now effects all benefits,but like above the thing to do is to concentrate on your evidence and present this ,then afterwards you can demand an enquiry into what has transpired and why action was not taken with the evidence already presented....and then do a subject to access on both atos and the dwp

patrickq1


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Got all the paperwork through today for the tribunal service and have spent a very interesting morning reading!!!

 

A letter from his specialist who has the title of 'Reader in Dermatology and Honorary Consultant' has written - I would consider his eczema to present a significant disability, he then goes on to write - It would be unusual for one month to go by without a signifigant flare up of the skin disease which would take 3-4 weeks to resolve.

 

Now a few lines form the decision Maker!!!!!

 

'Although flare-ups occur every 1-2 months the severity of these and the frequency of bad flare-ups is not recorded'

 

So someone sitting behind a desk with no knowledge of eczema has ignored the top dermatologist in Scotland's medical advice.

 

Hopefully the Tribunal will see how bad he really is, especially as at the moment he is recovering from a bad case of cellulitis that lead to blood poisoning and he was hospitalised for almost 3 weeks!

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their is case law of decision makers interfering with decisions and going against health reports...i would nt worry too much you will get it reinstated but also backdated..it is possible you will have a further claim for damages ...worth looking into,but dont let it go ,did you have a atos origon examination..if so you need to send in a SAR to include a full audit trail of all dat including any recorded transcripts..you will be shocked at what turns up

patrickq1

ps you can search out "benefits and work" dot com see what it says on their site


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Ive been in contact with the Welfare Benefits officer who is helping with the appeal, and he reckons that with the newest medical evidence that we have a very high chance of winning.

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I have read this thread and I have to say I am really shocked. I had no idea that the DWP could use the result of a medical assessment of one benefit to disallow another. Maybe that sounds a bit naive but I wasn't aware this could be done.

 

I hope you win your appeal, good luck.


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Thanks, but yeah the DWP do use a medical from Atos for one thing for other benefits too. It is completely all wrong, after all in the case of my son it is, as just because you can be fit for work, doesnt mean to say you cant be disabled, plenty disabled people work without predjudice.

 

What they are basically say is in my opinion, that if you have a disability you are not allowed to be ill, or have 'good' days.

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I have read this thread and I have to say I am really shocked. I had no idea that the DWP could use the result of a medical assessment of one benefit to disallow another. Maybe that sounds a bit naive but I wasn't aware this could be done.

 

I hope you win your appeal, good luck.

 

It is a bit confusing ?

 

I cant understand how a IB/ESA medical can affect the DLA claim as well ?

 

DLA is a far more harder to claim than IB/ESA and and unless anythink has changed ? all claims for DLA are by one office in Blackpool Disability Benefits Helpline - for Disability Living Allowance and Attendance Allowance : Directgov - Directories and not by the local JCP..

 

The medicals for DLA are much more tighter,mine was done by a GP (not mine) and a review was carried out a few years ago at my home by another GP.

 

MARTIN


Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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That is one of the points that will be brought up at the tribunal, as we have it in black and white that this was one of the reason's he was not entitled to any DLA, even though he had previously been awarded Higher Mobility and Middle Care.

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This is a very worrying situation, obviously for you but also for a lot of us as well. I was awarded DLA for the 2nd time following a 2nd sucessful appeal, the award this time is for 3 years.

 

However before that award ends, I am due for a review of my Income Support, which is paid on disability grounds. There was already a worry that because of the changes from IB to ESA that at the time of the review, I fully expect them to carry out the transfer over to ESA. In view of what seems to happen with these medicals, as I have 2 arms, 2 legs and 1 head, I can probably expect to fail the ATOS medical, resulting in having to go through the appeal process. To think that as a result they can then take away my DLA is horrifying, it just should not be allowed.

 

I for one will be following your case with a great deal of intrest.

Edited by Simon7685
Spelling Error....Doh!!

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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That is one of the points that will be brought up at the tribunal, as we have it in black and white that this was one of the reason's he was not entitled to any DLA, even though he had previously been awarded Higher Mobility and Middle Care.

 

I would if you not already done it,is on Monday ring up Disability Living Allowance Unit in Blackpool 08457 123 456 and ask them How a medical for IB/ESA can affect your claim for DLA award for Higher Mobility and Middle Care ?

 

Or write and ask them why

 

Disability Living Allowance Unit

Warbreck House

Warbreck Hill

Blackpool

FY2 0YE

 

and quoting them your son NI number

 

somethink is clearly wrong

 

MARTIN


Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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