• Search
  1. Forum
  3. Members forums
  5. ESA, PIP and DLA Queries and Results
  7. DLA Tribunal - new diagnosis
× Members

DLA Tribunal - new diagnosis

More
13 years 7 months ago #52884 by melrose
DLA Tribunal - new diagnosis was created by melrose
I am currently in the process of appealing to Tribunal and am awaiting a home medical by the dreaded ATOS. Yesterday I went to the hospital as I have been undergoing tests and the Consultant said I have severe Fibromyalgia. Do I bring this up to the doctor when he comes for the assessment or is it not relevant as the claim was originally filled in last July?
I have decided not to panic about ATOS coming here, I know what to expect from them so I have arranged to have an independent medical of my own. I have arranged for a private medical in the next town to me, I figure it should go some way to proving my case especially if the panel are aware of ATOS's reputation.

Please Log in or Create an account to join the conversation.

  • originaldave
13 years 7 months ago #52892 by originaldave
Replied by originaldave on topic Re:DLA Tribunal - new diagnosis
Shirell Harper wrote:

I am currently in the process of appealing to Tribunal and am awaiting a home medical by the dreaded ATOS. Yesterday I went to the hospital as I have been undergoing tests and the Consultant said I have severe Fibromyalgia. Do I bring this up to the doctor when he comes for the assessment or is it not relevant as the claim was originally filled in last July?
I have decided not to panic about ATOS coming here, I know what to expect from them so I have arranged to have an independent medical of my own. I have arranged for a private medical in the next town to me, I figure it should go some way to proving my case especially if the panel are aware of ATOS's reputation.


What did you have before ? is it possible this is what you have always had and the old diagnosis was wrong ? also there is no objective diagnostic tests for this so what did the dr base his diagnosis on ? if you have copies of the test for this, and it replaces the old diagnosis it could be important if its new and you still have the original problem it might not be something the appeal take into account

you need expert advise

Please Log in or Create an account to join the conversation.

More
13 years 7 months ago #52894 by melrose
Replied by melrose on topic Re:DLA Tribunal - new diagnosis
No according to the consultant I have both conditions, fibromyalgia and Chrons related arthritis.

Please Log in or Create an account to join the conversation.

  • originaldave
13 years 7 months ago #52904 by originaldave
Replied by originaldave on topic Re:DLA Tribunal - new diagnosis
Shirell Harper wrote:

No according to the consultant I have both conditions, fibromyalgia and Chrons related arthritis.


Then in that case I dont think the new diagnosis will have anything to do with the tribunal as i think the appeal is only dealing with matters at the time of the claim.... when a mod comes along they should know if this is right :)

Please Log in or Create an account to join the conversation.

More
13 years 7 months ago #52914 by Gordon
Replied by Gordon on topic Re:DLA Tribunal - new diagnosis
Shirell Harper wrote:

I am currently in the process of appealing to Tribunal and am awaiting a home medical by the dreaded ATOS. Yesterday I went to the hospital as I have been undergoing tests and the Consultant said I have severe Fibromyalgia. Do I bring this up to the doctor when he comes for the assessment or is it not relevant as the claim was originally filled in last July?
I have decided not to panic about ATOS coming here, I know what to expect from them so I have arranged to have an independent medical of my own. I have arranged for a private medical in the next town to me, I figure it should go some way to proving my case especially if the panel are aware of ATOS's reputation.

If you were suffering from the FMS at the time of the original Decision, even though it was not diagnosed, then it can be considered by a Tribunal. You would need to provide evidence that this was the case, which may be difficult with FMS, but not impossible.

However, if the condition is new, or has significantly worsened in the period since then, then it is likely that the Tribunal will exclude it.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David
  1. Forum
  3. Members forums
  5. ESA, PIP and DLA Queries and Results
  7. DLA Tribunal - new diagnosis