D.L.A medical discredited and in error

Hi Everybody

I am awaiting an appeal date and earlier on , a few weeks ago I mentioned that the independant medical adviser had not carried out the correct procedure and completed the report / tick boxes that I had not be aware of and got me to sign the report before the test had finished then compleated the report wihout me being present and did not read in back to me.

Also the mobility section was in error as the distances were all wrong and so was the time.

This incorect information was taken into consideration to make a decision by the dm without being checked.

I have had the submission from the department and I was right they have quoted the wrong calcualtions to not allow me disability and have not noticed the other inconsistances and other errors in the report which are as clear to anybody who has a brain.

When my submission is compleated they will know about these issues, inconsistancies and the failure of the correct procedure.

The appeal panel if I am right will read both submissions before the appeal date.

When they see these issues for themselves I think they would ask for another medical before the appeal date!

Am I right or would they wait until the actual appeal and do it then ?

By waiting for the actual day that would waste time and it would be logical to ask for another medical straight away do you agree?

Could I ask in the appeal submission that due to the issues with this medical report and the illeagal act of getting a claimant to sign a legal document before the procedure has been completed, to have another independant medical with another doctor before the appeal procedure starts?????

This medical is the corner stone of their defence and decisions and everything in their submission is quoted from it to support the non awards of care and mobility !!

NOT justice !!

Thanks in advance....

Mel b

Hi Mel,

I believe this is a DLA appeal, if it's ESA, then disregard my reply since I now only deal with DLA and PIP and had 10 years as a DLA Tribunal Member before I retired.

A DLA Tribunal has there members, Tribunal Judge (qualified solicitor), Medical Member (normally) a GP, and a Disability Member with specialist experience of the needs of people with chronic health and/or disability.

The majority of members including the Tribunal Judge are part-time and work from home. All members receive the case bundle around 2-3 weeks before your appeal is due to be heard in order to give each member time to read them thoroughly.

However, the members do not meet up with each other until the day of the actual appeal. The first case is normally heard at 10.00 am, so members arrive at about 9.00 am to preview the cases for the day, normally 3 cases in the morning session and 3 in the afternoon.

No decisions about your appeal and whether another medical is required will only be made when the Tribunal convenes to hear your claim and discusses the evidence in your case bundle.

You should be aware that an appeal and a complaint about your medical are two separate matters, but the Tribunal have the power to consider any inaccuracies contained in a medical report written by ATOS and in some cases choose to disregard it since the evidence you give to the Tribunal has to considered equally to that written by an ATOS Heath Care Professional.

Please note also, that the Tribunal Medical Member is not allowed to examine you on the day of your hearing.

Good luck.

Jim

Hi Gordon

Thank you for the reply. I must apologise for not reminding you I live on the Isle of Man and they still use the old forms dla 143 and on the front page under statement it red : This is to be record of the disabled pearsons needs in their own words. There responce should be directed to the area(s) highlighted on DLA 146, but you should record anything else they may wish to add.

After the statement it reads . Now read the statement back or allow the person giving the information to read it, and when satisfied withits contents ask them to sign below.

This is what I am refering too, this never happened !!

See what I mean?

This place is still behind the Uk and always will be.
They also at this moment have no intentions of taking on PIP . So IB moves on to AA not ESA , also the rates are less than the uk.

What do think now you have this info?

Cheers

Mel b

Hi Jim

Thanks for reply

Yes its DLA appeal.

Ok I now understand the procedure. A bit of luck you used to be on a panel for 10 years, top man !!

Pity it will waste some time but as you mentioned my evidence has to be stronger than the departments and it is. Another medical is no problem.

I am hoping that when the dept gets our submission and see for themselves the total mess and the fact that they missed them and did not check the report that they may reconsider again and save face and award what is due and cancel the appeal. Have you known this to happen , they throw in the towel !!

Thanks for advise appriciated ta.

Mel b