Jump to content



zydec
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4378 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi there

I am new to this and i guess i have been quiet for far too long but today just took the biscuit.

 

i applied for DLA in march due to a couple of conditions i suffer from (pachyonychia congenita, cataplexy with narcolepsy)

 

My welfare advisor helped me fill out the DLA form and all seemed to be going smoothly with the usual letters of request for information from doctors and specialists, even the we are taking our time letter. then i got a home visit from the medical services, nothing out of the ordinary.

 

today was the day of the home visit and all seemed to go well the HCP was polite and seemed to be asking question that actually where relevant to my conditions. a surprise in itself i guess judging from what i have read on here the last few days.

 

so any way the HCP left and then the postman delivered the post and there was the brown letter, i wasn't expecting one after only just having one on monday stating that it will be a few more weeks untill i hear from the DWP. On opening it i was to say the least shocked. The decision had been made with the usual but somwhat disturbing "you dont have... etc etc" it even said the decision was made using the report from the HCP yet the letter was dated 25th and the HCP wasnt to visit untill today 27th

 

This is unfair in my opinion as the decision maker made his/her decision before the medical report was even made.

 

I know i will have to make an appeal as the decision is blatantly wrong. but what way should i go about doing it? do i wait for the HCP report to actually reach them and ask for a reconsideration or do i just go for my guns and appeal the decision? and on what grounds ?

 

your great advice will be really appreciated on this matter :)

 

thanks for reading

Link to post
Share on other sites

Email Atos customer relations and make a formal complaint.

There has obviously been a mix up somewhere, scan and send copies of both the appointment letter and the decision letter. [email protected]

they usually respond fairly quickly. Its better to have a written explanation via email than trying to speak to various helplines etc on the telephone.

Link to post
Share on other sites

Email Atos customer relations and make a formal complaint.

There has obviously been a mix up somewhere, scan and send copies of both the appointment letter and the decision letter. ...

they usually respond fairly quickly. Its better to have a written explanation via email than trying to speak to various helplines etc on the telephone.

 

To be honest i do not think its an ATOS problem, more a decision maker that couldn't be bothered to do their job properly. I will send in the GL24 on grounds of not all evidence taken into account. and ask for a detailed explanation of how the decision maker came to their decision. im sure my specialists won't like being called liars either.

 

It just shows the system up for the farce that it is.

Link to post
Share on other sites

To be honest i do not think its an ATOS problem, more a decision maker that couldn't be bothered to do their job properly. I will send in the GL24 on grounds of not all evidence taken into account. and ask for a detailed explanation of how the decision maker came to their decision. im sure my specialists won't like being called liars either.

 

It just shows the system up for the farce that it is.

 

The decision maker is employed by ATOS, so it IS an ATOS problem. Don't let them get away with it.

Link to post
Share on other sites

The decision maker is employed by ATOS, so it IS an ATOS problem. Don't let them get away with it.

 

The decision maker is employed by DWP and works in an office that processes the benefit. They are not employed by ATOS.

 

It is the HCP who is employed by ATOS, who are contracted by DWP to carry out assessments on their behalf to be submitted to DWP decision makers to aid them in coming to a determination on a claim.

 

Zydec, you are going about this in the right way (the grounds of evidence not taken into account), include on that no report from an ATOS HCP was in existance at the date of decision because the HCP visit did not take place until two days later. I would also suggest that you submit a seperate complaint to the DWP in relation to this, requesting a full written explanation.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

The decision maker is employed by DWP and works in an office that processes the benefit. They are not employed by ATOS.

 

It is the HCP who is employed by ATOS, who are contracted by DWP to carry out assessments on their behalf to be submitted to DWP decision makers to aid them in coming to a determination on a claim.

 

Oh gosh...in that case I'm really sorry to have offered bad advice - AGAIN I have been misinformed by DWP :(

Link to post
Share on other sites

Thanks for your advice :) it's good to have others opinions on these things rather than going it alone like a bull in a china shop :)

Link to post
Share on other sites

Hi all

 

just found out that my consultant dermatologist hadn't sent in her requested report also so looks like they just went off of what my doctor said, but as i have a surgery where you never see the same doctor twice could i ask for the information to be disregarded and my consultants information to take a greater priority or do they (DWP) not work like that. or will i be better submitting it as further evidence once they get my appeal and the medical notes from the home visit.

 

Your thoughts please ?

 

Thanks

Link to post
Share on other sites

  • 4 weeks later...

Update

 

sent in appeal as described above, got a letter today stating i will get HR mobility indefinite and MR care until 2013, so quite happy about that, however the date of the start of payments differs from the date of my original claim 23 March, i have only been awarded the amounts from when my original claim was refused (see above) 25 APR are they right to do this or can i request the payments be backdated to the date on the original form ?

 

once again your help is greatly appreciated

 

steve

Link to post
Share on other sites

For a new application it should be backdated to the date that the claim was made. It's only renewals that should be backdated to the decision date.

  • Confused 1

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...