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TURNED DOWN FOR DLA - TRIBUNAL NEXT

Hi

I recieved a massive package of papers in the post today. The upshot being ive been turned down for DLA after having an assessment with ATOS in January. The letter from my gp states i have chronic pain and severve headaches and limited mobility and the report from ATOS also says i have limited mobility and everything does point to my diagnosis of Fibro. The report does contradict itself alot though, one point says i cant walk on level ground and then further on says i dont need any help! Also all the points i made about needing help to get out of bed and chairs and having adapted ways of doing things were ignored and the boxes were ticked as ‘said needs no help’. They have sent everything off ready for a tribunal and im waiting for a date. Im getting really stressed out by it all and have spent alot of time lately crying. To add to this my employers are not being very supportive any more and im feeling completely trapped. I have to work because of my mortgage, but was hoping to be able to reduce my hours with the help of DLA. My managers know im not coping but still are pressurising me and giving me extra tasks nearly every week. They said if i vant cope with the job im being paid to do i should leave or we can go down the sickness diserplinary route. I just dont know what to do.

Hi there emmacar,

I like you, received a massive package late 2012 and was turned down for DLA, and like you too, I had supporting evidence from GP and MS nurse and had an atos visit which was a farce, as like you again! the form the medic filled in contridicted itself and to be honest, it was like he was talking about someone else when he completed it, cause what he wrote was not what he saw or what I or my husband (who was with me at the visit) had said.

I went to appeal and I found the experience very difficult, I had a welfare worker with me and again my husband, there was a panel of 3, one was the chair person, another was looking at the mobility side of things and the third one was reviewing the care side.

The care side guy was okay, but the other 2 made me feel very uncomfortable and upset, and took what the atos guy had said as true even though it contracticed by support letters and what myself and my husband said.

In the end they awarded me the care component but not the mobilty, my welfare worker objected but they said, that you cant appeal and appeal, so I need to accept it. My welfare worker said that I should leave it for a few months,then come back to him and we will reapply.

Stress city! I dont have the physical or emotional strength to reapply just now, it has taken too much out of me

Stress is such a bad thing for us, yet when we ask for some help, all we get is more stress, so not fair

Just try and hang in there …and workwise, have you got an occy health department?

Jools

X

Hi Jools,

Thanks for your reply. It does help to know that other people are going through the same thing. There is an OH departmwent at work, they came in and saw me about a year ago when i first came back from long term sick. At the time alot of my symptoms hadnt appeared ( i was mainly having prblems then with my left arm & hand) all they did was assess my work station and i got a new mouse and headset ( so i dont have to hold a phone) My managers said that they have been consulted and them and HR say they have done everything they can for me, eg reasonable adaptations and at this point i should just do the job or leave.

Em xx

Hi Em,

you can contact OH yourself, they are suppost to be on the employees side and are tasked with keeping people in work, so I’d not take my employers word and self refer back to them, esspecially if symptoms have worsened, youd be due and review!

The whole DLA and atos, is just c**p, as others on this site will agree wholeheartedly!, we just need to try to stay positive, care about ourselves and hang in there!!! :-S

Take care

Jools

X

Hi, what a huge pile of anxiety for you.

So I reckon going down the route of retirement on ill health sounds a good option.

you stay on sick for several months, then the employer calls the shots and off you go.

If the mortgage is still a worry, see your providor and ask for a re-mortgage.

All this c…p is so cruel.

luv Pollx

Do you have critical illness on your morgage if you have go down this route and see if you can use this to pay off your morgage, just a thought Barbara.xx

I’ve recently received a huge pack in the post and, like you, what the Atos Doctor had written was not what was discussed during his visit. It’s almost as though he was just doodling on his form during the 1 hour he was here. Thankfully a friend was here with me who has recently qualified as a Nurse will be writing a supporting letter detailing what was discussed and what wasn’t.

It’s pants - I’m not happy, it’s bad enough that the support I was receiving at work has also diminished too!!!

Take Care

Pen xx

What you should realize they are earning a lot of money from this Government. People like you and me are ideal fodder to take essential Benefits from and how they do it they could not care ATOS.

You can appeal by ringing 0800 882200; you will then receive all the correspondence from your doctors so will see who is to blame. It is invariable your Neuro or GP who are being scarce with the truth: the DLA assessor can only go on what’s in front of them. Sorry to say ATOSers are now involved they seem to be reading from a different hymn book.

The answers below are occurrences doctors would not know about. It is far better to attend a hearing but you can ask for one in your home (bit self destructive if you’re not badly affected) or a reconsideration (bit pointless as they have already made a decision).

At the appeal there are 3 people asking questions, a doctor, solicitor and social services agent. Don’t worry there usually very nice and make you feel at home.

Just a few ideas of the way you should answer the questions.

While hobbling along the High Street I keep near to the shops. This aids me in two ways; I am less likely to fall into the road and I can stop and look in shop windows to get a rest. I can testify that Ann Summers has the best window display, lol.

To get High Rate you must show you need help during the night. Say something like, “I get up 2/3/4 times per night to go to the toilet, sometimes to no avail.” “My wife has to accompany me; this takes about 45 minutes each time and obviously breaks her sleep.” “It’s amazing just knowing she is there gives me so much confidence.” “She has to accompany me because once I fell over and slept where I lay that night, good job it was the middle of summer and warm.”

Contact DIAL http://www.dialuk.info/ who will come around your house and help with the forms. Or Benefits and work http://www.benefitsandwork.co.uk/ who give excellent advice costs £19.40 per year. The DLS give excellent free advice http://www.dls.org.uk/advice/factsheet/factsheets_download.html it is essential you get help.

The hearing lasts about 20 minutes and then you are asked to go to another room. Another 20 minutes and then you are asked back in and told the result. It is very important to have someone attend with you.

As Pat say’s if you can walk 40 yards but are dizzy or in pain after 1 yard the answer to their question is you can’t walk.

Simple rule ‘don’t say one word when 100 will do’ in other words explain in detail. Always quote your worst; they appreciate MS is a variable condition but don’t you say it. Be very careful though as there are some mistakes you could make like do not say you’re housebound as that begs the question why do you need the mobility component? Say “I would like to go out more if I could afford to” The examples are that examples if they are not true don’t use them.

As far as work is concerned they cannot sack you before they jump through many hoops in the right order; like have they offered/put in place any ‘reasonable adjustments’ to enable you to do your job easier? Takes about 1 year of you being off sick.

Good luck

George

Hi emmacar

Just wanted to say keep fighting them. It sounds ridiculous that you have been turned down.

Try not to get stressed. I know I would be stressed though. As you already know I expect stress will make your MS symptoms so much worse so don’t let them do that to you.

Good luck with the tribunal and I will be keeping everything crossed for you.

Take care.

Shazzie xx

its shocking the way people are being treated by ATOS.

it seems to me the they are on a commission for saying you are not entitled to DLA.

they get paid for that and by the time an appeal has come about, which is many, many months later and does not concern them as they have allready had their money.

the whole thing stinks of corruption!

I heard last week that I’ve been awarded the higher rate for mobility indefinitely, but I’ve lost the care part. They accepted that my condition had got worse, but said that if I went at my own speed and used adaptations that I could cope. I don’t need help showering or using the toilet, but do suffer from fatigue and sometimes need help getting in and out of bed, getting dressed/undressed, getting to the loo etc. I have a Motability car which I haven’t driven in ages, partly because it’s too small for my needs, and partly because I can’t get to it. My balance/walking is so bad I can’t make it down the drive! Am seriously considering getting a bigger car, having a hoist fitted, and getting an electric wheelchair. My Mum died in February and once her estate is settled I should have a bit of money to make a few changes. Looked into getting a WAV through Motability, but the one-off payment is about £12,000. Way out of my reach. Probably go for something like an S-MAX and have adaptations made. Much cheaper. Heather