Hmm what to do - complicated....

BIT OF BACKGROUND:- I am a single lady, I have been in receipt of DLA for a number of years (I think 8 or 9, off the top of my head) I was involved in a serious road accident and had fractured patellaes, fibia, already had spondylosis in back (spine) and arthritis in knees now as well.....Use crutches, have to keep stopping, can't walk many steps due to pain.

Obviously the dwp didnt tell me what I was entitled to, "apparently its not their job to" ie DLA, or anything, and I had to wait many months with borrowing money from family. I found out by chance I was entitled to it. I also wasnt informed about hospital transport to take me to physio therapy appointments, or even that i had an option to go to have physio.

I got no useful help from CAB or local solicitor., (free 1/2 hour lasted 5 minutes - more bothered asking me if I was a money launderer)...thats another tale.Could you imagine " well yes actually I am a very successful money launderer - keep it under ya hat tho"

I got DLA, with help from a friend, over the time I got several DWP doctor visits (renewal) I passed their medicals. Got money backdated., in initial claim.

BACK TO THE PRESENT
I had a recent DWP visit after my DLA was stopped. My own doctor usually fills in the forms and no problem, alas! this time a locum doctor filled in who has seen me very breifly once, regarding a burn,and he has actually put "has no mobility problems"!! this is what stopped my money.

Can I ask that my own doctor be asked to fill in the form,again? (however due to the new aircraft hangar type practice he's in I havent recently been except re:the burn as above, because it takes a week to be seen and costs £12 each way with assistance in a taxi. Also he cannot do anymore for me than give me painkillers which I can get from a different source anyway. So its a waste of my time and money and his time, for me to even go.

PREVIOUS
Also I had 2 far apart blocks of physiotherapy,1 was at local hospital, were most facilities were out of bounds for some reason, other was training establishment that got closed down. I am told by a nurse, that they have just an allowance of 6 weeks per person = 6 sessions. This happened and the physio was often absent, each time at six weeks, I was told to sign 'has got full range of movement' which I hadnt - i just felt intimidated and the physio said that the hospital transport was no longer happy to collect me, which turned out to be untrue., I queried this. I have bought my own gym equipment to try to improve mobility but not yet used it.

NOW RECENTLY
Now the worst part, the ATOS doctor was dreadful, on my home visit, I was not happy with the way he tried to force me to answer in a way which fitted only his form, he dismissed anything to support my claim,he was an hour late, arriving, no explanation, my boyfriend then needed to go back to the beach again with the mastiff, to avoid him jumping up at the doctor,he had to take another extra hour off work,I'd arranged for the dog to be away for the hour...I later saw his report that said I had sat comfortably for the whole interview which was untrue, my friends au pair (polish) was in the room with me,she cleans for me, £4.00 for one hour, she said I was rocking to and fro, I had to keep moving from side to side etc, basically the atos doc only put things detrimental even said i'd no problem in bending and squatting!! I was neither asked nor observed doing so, nor could I have, he also wrote that there was a spade with mud on by the door and that I enjoyed gardening!!! In truth, I have a retired gent gardener once a fortnight to tidy up.

Long posting, I know, but I need to put detail so its understood.

So, then, what do I do now? I've no money coming in, can I get the doctor to re-do the form, my own doctor? If I appeal will it go against me that although physio and doctor are available they cannot do anything more, as it is dgenerative as well. I feel I should like a paper hearing again (tribunal) as I cannot cope with anymore stress nor have money to be taken there, to attend.

Any advice or anybody had similar predicament? i intend to do a complaint about the atos doc though don't imagine it will have any effect....or will it...

Have you put in an appeal? There's guidance in the members's only section of DLA on the homepage to making an appeal.

ChattyCathy wrote:

BIT OF BACKGROUND:- I am a single lady, I have been in receipt of DLA for a number of years (I think 8 or 9, off the top of my head) I was involved in a serious road accident and had fractured patellaes, fibia, already had spondylosis in back (spine) and arthritis in knees now as well.....Use crutches, have to keep stopping, can't walk many steps due to pain.

Obviously the dwp didnt tell me what I was entitled to, "apparently its not their job to" ie DLA, or anything, and I had to wait many months with borrowing money from family. I found out by chance I was entitled to it. I also wasnt informed about hospital transport to take me to physio therapy appointments, or even that i had an option to go to have physio.

I got no useful help from CAB or local solicitor., (free 1/2 hour lasted 5 minutes - more bothered asking me if I was a money launderer)...thats another tale.Could you imagine " well yes actually I am a very successful money launderer - keep it under ya hat tho"

I got DLA, with help from a friend, over the time I got several DWP doctor visits (renewal) I passed their medicals. Got money backdated., in initial claim.

BACK TO THE PRESENT
I had a recent DWP visit after my DLA was stopped. My own doctor usually fills in the forms and no problem, alas! this time a locum doctor filled in who has seen me very breifly once, regarding a burn,and he has actually put "has no mobility problems"!! this is what stopped my money.

Can I ask that my own doctor be asked to fill in the form,again? (however due to the new aircraft hangar type practice he's in I havent recently been except re:the burn as above, because it takes a week to be seen and costs £12 each way with assistance in a taxi. Also he cannot do anymore for me than give me painkillers which I can get from a different source anyway. So its a waste of my time and money and his time, for me to even go.

PREVIOUS
Also I had 2 far apart blocks of physiotherapy,1 was at local hospital, were most facilities were out of bounds for some reason, other was training establishment that got closed down. I am told by a nurse, that they have just an allowance of 6 weeks per person = 6 sessions. This happened and the physio was often absent, each time at six weeks, I was told to sign 'has got full range of movement' which I hadnt - i just felt intimidated and the physio said that the hospital transport was no longer happy to collect me, which turned out to be untrue., I queried this. I have bought my own gym equipment to try to improve mobility but not yet used it.

NOW RECENTLY
Now the worst part, the ATOS doctor was dreadful, on my home visit, I was not happy with the way he tried to force me to answer in a way which fitted only his form, he dismissed anything to support my claim,he was an hour late, arriving, no explanation, my boyfriend then needed to go back to the beach again with the mastiff, to avoid him jumping up at the doctor,he had to take another extra hour off work,I'd arranged for the dog to be away for the hour...I later saw his report that said I had sat comfortably for the whole interview which was untrue, my friends au pair (polish) was in the room with me,she cleans for me, £4.00 for one hour, she said I was rocking to and fro, I had to keep moving from side to side etc, basically the atos doc only put things detrimental even said i'd no problem in bending and squatting!! I was neither asked nor observed doing so, nor could I have, he also wrote that there was a spade with mud on by the door and that I enjoyed gardening!!! In truth, I have a retired gent gardener once a fortnight to tidy up.

Long posting, I know, but I need to put detail so its understood.

So, then, what do I do now? I've no money coming in, can I get the doctor to re-do the form, my own doctor? If I appeal will it go against me that although physio and doctor are available they cannot do anything more, as it is dgenerative as well. I feel I should like a paper hearing again (tribunal) as I cannot cope with anymore stress nor have money to be taken there, to attend.

Any advice or anybody had similar predicament? i intend to do a complaint about the atos doc though don't imagine it will have any effect....or will it...

Hi CC,

Regretfully, we cannot give advice on individual claims. For this you need 'one to one' advice from a benefits adviser.

See FAQ

Your local CAB should be able to assist, or contact Community Legal Advice

Good luck.

Jim

Hi CC

Re going to an oral tribunal you claim travel when you arrive so although you initially have to pay out you get it for your return journey. If you need a txi please contact tribunal asap. There are excellent guides on here that will get you through all of this and they are very easy to use. You have a much better chance with DLA by having an oral hearing.

I can only go on my own experience re tribunal, i was dreadng it but i was immediatly put at ease and the panel listened to what i had to say in my own words. They were very kind and understanding as i discussed some very personal issues. I had to sit outside for approx 10 minutes and when i went back in i was given a report that stated they had awarded DLA and it was to be backdated.

There is only you that can decide which way to go, but i went in there and gave it my last breath.

Please take advice even though you feel like giving up try to stay strong. For what its worth we are all behind you!!

Take care
Mm x

Thanks for replies so far, will keep you all posted...

Finally, have had another atos doctor visit, during december, in very thick snow,, he said he'd even be prepared to come on a weekend or even on a sunday - I half expected to see an 'atos skidoo' parked outside....only a matter of time....pretty unpleasant doctor., tried all the usual little try to catch you out tricks...he left the gate open on purpose as well, and waited in the street to see who went to shut it...luckily no chickens got out as my sister was here to shut the gate. She also very diligently took notes whilst the 'examination' took place, much to his displeasure. He also abruptly left when asked of his particular specialist knowledge /forte of expertise, NB the previous atos doctor's report was discredited., proven to be lying, after complaint to atos.

The DWp later wrote to say that I was after all entitled to the DLA, (just as as I had been previous and nothing at all had changed) They backpaid it. They gave no reason why they had changed their mind. Perhaps I'll never know, but am glad I fought on and on. They said that I would now not be required to attend the tribunal.,because they reviewed their decision.

I do feel though that after a time I will be cross questioned again, and will be denied it and have to fight it again. But I will not be giving up any time soon.