omg atos and dla medical

sorry i asked for my war pension to be reviewed at the same time as my dla claim as i felt i needed more help than i was getting , i was rated at 30%which for a knackered back i thought it should be higher
i spoke to vet agency today they said there drs prefer our own gps and consultants and that i can appeal the decision if i feel it was wrong

as for dla well im awaiting a phone call back from the decision maker to find out

a did she not read my forms
b did she only use the incompetent atos drs report only
c on the reasons form she has put test results ?? ive only ever had scans and an operation that didnt work and the scans showed my back was knackered (i have double checked with dr today and thats what her reports say as well) and the reports even say cant operate again as to risky and has to learn to live with it ,

hi pete thanks for reply i asked for it to be looked at again because i felt that as i was unemployable in my presnt state i should be eligble for the unemployabilty allowance and the only way to do this was increase my award from 30% which i always felt that it should be more so as i am a lot worse now i felt the time was right to do my dla and war pension
what a mistake

pac100575 wrote:

hi pete thanks for reply i asked for it to be looked at again because i felt that as i was unemployable in my presnt state i should be eligble for the unemployabilty allowance and the only way to do this was increase my award from 30% which i always felt that it should be more so as i am a lot worse now i felt the time was right to do my dla and war pension
what a mistake

Hi,

Sadly we come across the situation quite often where age related degredation of a condition occurs. Unfotunately the law relating to War Pensions rules out age related deterioration of an accepted condition.

ALso in order to claim Unemployability Supplement (Unsupp) it would require an increase of 30% from your current 30% and to be honest that very rarely occurs in the current climate nowadays unless there are such as late onset conditions (not age related). Infact we find Unsupp is one of the more difficult Supplementary Allowances to actually qualify for.

However don't forget that the RBL can help represent you at any subsequent DLA tribunal. The RBL do pay for a number of Case Officers at CAB's across the country, so it could be worth contactling your local CAB to see if one of the RBL advisers works there, or contactt your local RBL branch who should be able to get one of their case workers to see you. If you are former Royal Air Force, then RAFA provide a similar service.

Pete

its not age related because the botched op the 2 damaged discs couldnt be repaired properly and it was 16yrs ago( it was hack u open and try not to parylse you not key hole like now) but at the time i was 19 and just accepted my award as the right one but when u see some1 u know who has the same award as you and is able to live life like normal woking with a little hearing loss(hes a copper) where as i on a good day can manage just about walk in a straight line to my car on the front (less than 20m) not that im saying he deserves any less just when u compare it seems a little unfair and he admitted the same

pac100575 wrote:

its not age related because the botched op the 2 damaged discs couldnt be repaired properly and it was 16yrs ago( it was hack u open and try not to parylse you not key hole like now) but at the time i was 19 and just accepted my award as the right one but when u see some1 u know who has the same award as you and is able to live life like normal woking with a little hearing loss(hes a copper) where as i on a good day can manage just about walk in a straight line to my car on the front (less than 20m) not that im saying he deserves any less just when u compare it seems a little unfair and he admitted the same

Hi,

Sorry I was only using the 'age related deterioration' as an example of the struggles veterans face in having War Pensions reviewed.

Sadly, although I know where you are coming from, the fact that person ''X' receives 'Y' percentage War Pension cannot be utilised as a case arguement (unless it is for a specified minor injury such as loss of fingers or toes where a specified amount is payable). As frustrating as that may seem.

However all is not yet lost and until you receive notification of the outcome of both your War Pension review and DLA review (all DLA cases are reviewed before being sent to the tribunals service) , then not a lot can be done other than try to collect any further evidence should either case need to go to appeal or other avenue.

Good luck in anycase.

Pete

yes unfortunatly we have to battle for everything *

all i can say is im glad theres sites like this and people like yourself who are willing to help us that are in need of advice and support

do you know how long it takes for a decision if the papers went before there drs today ??