DLA 2nd Medical??

Hi, ive had all the usuall problems with my claim, the result was turned down flat. I have asked for an appeal on the basis that the atos doctor report was so far off the mark that i believe it belonged to somebody else (name and NI number was not on every page) could they MAKE me have another atos medical?

Hi fibromum, No, they can't MAKE you have another medical, but if you don't they won't pay you the benefit. Can I be dead personal and ask if you have fibromyalgia (your tag suggests maybe you do)? The DWP's view of fibromyalgia is that sufferers are better off if forced to keep moving, and ATOS have an American view which is that all fibromyalgia sufferers are malingerers, because insurers in America see a lot of claims for fibromyalgia arising from e.g. car accidents. Difficult to disprove because nobody does the conclusive tests - they do exist, in France - but difficult to prove, too, for the same reason.

Hi,

The DWP website in it's A-Z of medical conditions, gives this link to Fibromyalgia

Worth checking out.

Jim

Thanks Jim, that's kind of you. I have had FMS for 12 years now, so have researched it until I am sick of the sight of it, the news is partly good in that some areas of the world are making good inroads into the condition but bad in that other areas, including the UK, are not keeping up. I think for me the worst of it is that I grieved for many months after hearing that it's lifelong for most sufferers, then finally accepted it only to discover that the DWP would treat me like a well person. I am so far from well it's hard to describe. For any other FMS sufferers reading this, there is a fantastic lecture on the research channel (google it) which will give you up to date info on what your brain is up to! It's quite long, about an hour, but worth the effort.

So would that be part of the process? i have sent in the form for a tribunal, could they say i have to have another medical or could i refuse as i want a tribunal to look at my claim as i have already done everything expected of me??

Hi Fibromum,

Firstly, having FMS is not a bar to entitlement of DLA. Lots of people with FMS recieve DLA so dont feel that because it's a syndrome and a condition that cant be proven with for eg blood tests and xrays that you would not qualify for DLA, many do.

With regards to your question, could you have to have another medical. It is possible that the Tribunal Panel may find that the original EMP report is unfit for purpose and arrange for another Dr to be sent.

It is also possible that they may decide to accept the EMP report as it stands and give you the opportunity to have your say at the hearing. Just because they may seem to accept the EMP report as evidence, doesnt mean that that is final. At your appeal they may decide from questioning you that your own evidence is a lot stronger than the Dr's report.

If I could give you a good piece of advice, from having experience of 2 oral hearing myself dont base you whole appeal on the fact that your name isnt on every page of the EMP report but rather spend your time giving strong reasons why you feel you qualify for DLA. I understand how completely frustrating it is when you have an unsupportive EMP report but try to bear in mind that this is only the EMP's personal opinion based on one particular time on one particular day. If the report is not a true reflection on your care and mobility needs then you need to find the best way of explaining to the panel why what you say is the most likely, after all they have to base their decision on what is most probable.

I had an unsupportive EMP report, I put my concerns with this in wring to the Tribunal and left it at that. On the day of my hearing, I didnt really make any real reference to the EMP report, I simply answered the questions put to me, gave examples of how my condition affects me, how and why I need help and I was awarded HRM and LRC and on renewal my LRC was increased to MRC.

All is not lost with a poor EMP report, but please dont let your whole appeal hearing revolve around the fact that your name and NI number is missing from the pages on the EMP report. You have the opportunity to have a real say about your real problems, dont waste it.

Kathy