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    • it is not a fine, thread title updated and fine changed to charge in 1st post. also can you post up the defence you filed and the court directions have you received ukpc WS yet? if so scan all that up to. read upload carefully one mass pdf only. dx
    • Hello, welcome to CAG. Could you let us have the information we ask for in the forum sticky please? We need the information to start working on your case. Once we have that, I'll get you to answer a different set of questions. Best, HB
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ATOS Medical for DLA


izzy1969
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Hi Guys,

 

I'm a nervous wreck. I have read so many horror stories about going for the atos medical for DLA. I have arthritis/damaged knee replacement (failed op) and I have my medical this coming Monday at 1pm. Thing is, i'm not nervous about going i'm nervous about them twisting everything I say into a complete opposit of what I mean. You know the usual...can't walk...can't sit for long...can't dress, wash etc.

 

I am still in full time work and i refuse to give it up ( I work in education and the staff wont let me walk anywhere and have moved the earth for me etc) but travelling there in the car now is so difficult as I'm sat in one position for too long. Also, it's costing me a fortune in aids to help me live and travel. Incontience blankets....pads...medication...special tights...the list is endless and it's costing nearly a third of my wage every month.

 

I know that I have to accept the inevitable as time goes on and will have to go part time and then give it up, but i'm hanging in there as long as I can with the help of the school...all I need now is help with mobility and Maybe I can stay longer? Anyway...wish me luck and I hope with all of you out there that you find the kindness that I found among my collegues.

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Am I right in reading this -

I have arthritis/damaged knee replacement (failed op)?

 

And that you are claiming that you need help with mobility and care due to the increased costs of aids?

 

For a start you would have to prove and have it backed up with evidence that you 'either cannot walk or are virtually unable to walk' which is the criteria for mobility. As you can imagine, this is a very severe test and generally means that you cannot walk more than 25 metres, in a slow walk before such severe discomfort sets in that makes it impossible to progress any further.

 

As regards care, I am trying to work out in my mind how you are going to be able to justify to the assessor that due to the complaint you have with your knee, that you require the level of care needed either on a daily basis, nightly basis or both.

 

I know of someone who has basically lost the use of both legs due to Periphal Vascular Disease, has a heart condition that causes breathlessness, and has a digestive problem that requires the use of regular amounts of Morphine due to constant daily pain, not being able to move, bend, twist, turn or kneel who has been refused any DLA twice now. This is despite a considerable amount of evidence from all of his consultants being sent in.

 

I wish you the very best of luck.

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Was there any need for that, tara?

 

OP - good luck. Ensure that you don't do anything you don't normally do and that all aids / medication are where they should be. (mobility aids near you, medication maybe in the kitchen cupboard / bedside if you take them before bed or when you get up, etc) They do assess you from the moment you get up to answer the door.

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Was there any need for that, tara?

 

OP - good luck. Ensure that you don't do anything you don't normally do and that all aids / medication are where they should be. (mobility aids near you, medication maybe in the kitchen cupboard / bedside if you take them before bed or when you get up, etc) They do assess you from the moment you get up to answer the door.

 

I think my comments were fair.

 

For someone that says that they only have a problem with a damaged knee, the comments about mobility are very valid. What I quoted was what the DWP will be expecting the OP to prove to the assessor.

 

As regards my comments about care, unless I am missing something, I can't see where the care element would come in - not to the extent that the OP will have to prove it to the assessor.

My wife has arthritis in most joints of her body, including both hips and kness, yet she is not able to claim DLA/AA for it.

 

My comments about somebody I know that has lost the use of both legs amongst other serious conditions has tried twice to claim DLA but failed. I look at the OP and the examples I know of.

 

Finally, the OP WILL have to prove her needs (mobility & care) that have been caused by the knee problem by having supporting evidence from the GP certainly and maybe an OT, Consultant, Pain Clinic etc.

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For someone that says that they only have a problem with a damaged knee,

 

The OP mentions stuff about continence pads - don't know anyone who only has serious knee issues who has continence issues as a result...

 

My comments about somebody I know that has lost the use of both legs amongst other serious conditions has tried twice to claim DLA but failed.

 

The fault probably lies with the claimant. DLA isn't based on the name / type of disability either - it's the care and /or mobility needs.

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The OP mentions stuff about continence pads - don't know anyone who only has serious knee issues who has continence issues as a result...

 

 

 

The fault probably lies with the claimant. DLA isn't based on the name / type of disability either - it's the care and /or mobility needs.

 

Yes I too noticed that at the start but the OP made no mention of anything other than her knee:

I have arthritis/damaged knee replacement (failed op) and I....
, so I assumed it was something that she wasn't having problems with.

 

That is always the stock answer isn't it?

 

I was pointing out that there are many people with conditions and care/mobility needs that far exceed the OP in question - with what she has claimed she has - that cannot get DLA.

Do I presume that you think it fair that those with less needs are awarded DLA and those with more aren't?

 

It was an example of what is actually happening with DLA/AA claims at the moment. No doubt years ago it was easier to obtain.

To say that the reason why some do get and some don't is down to the claimant is not fair. Most people try very hard to complete the forms honestly and get nowhere.

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Do I presume that you think it fair that those with less needs are awarded DLA and those with more aren't?

 

If you read the OP's post again, you would see that they wrote:

can't walk...can't sit for long...can't dress, wash etc.
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Obviously Tara you need an explanation into every single detail about my health as to where's and whyfors. But If i had have done this it would be a book long...the can't walk sit etc is due to my knee/arthritis (hips, knees, ankles, shoulders, right side of nech, fingers and wrists) As for the incontinence this is a seperate issue which I didnt think on a supposedly caring community website I would have to name all my illnessess which I wont. I was only replying to bieng nervous about going to the damn medical thios coming Monday and wished id never bothered.

 

Thank you for your support and help. I wont be posting on here again. I only wish that another newbie postie doesn't get the same greeting and support as me.

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Hello Izzy. I'm really sorry you've had a hard time and don't really understand why myself.

 

Leemack has a sticky on this forum about Atos 'medicals'. I think it's worth having a read about how to answer the questions so you don't fall into any trap. I hope you find it helpful.

 

HB x

Illegitimi non carborundum

 

 

 

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Hi Izzy.

I have a bad hip and knee.

I was awarded DLA on my first application without a medical.

I have had 3 lots of surgery but no knee replacement as I am too young at 48

I go to a pain clinic and am on strong pain killers and anti depressants.

I did send a lot of consultants letters with my application, just the ones they send you after an appointment, and letters from the pain clinic detailing my symptoms.

I think it depends on what your G.P says too, did you ask for a copy of his report from the DWP after they turned you down?

It seems that you need a paper trail to prove your illness as they wont just take your word for it even if your G.P is on your side.

They seem to think that our G.P's are not worthy of diagnosing us for the DWP.

I hope you succeed and good luck. You can always claim again if you fail.

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