DLA refused based on old ATOS medical

It doesnt matter whether we like it or not, if a person holds a driving licence, irerspective of whether we opt to use it, I beleive we have certain obligations to tell them.

I think the duty relates to being a licence holder and the current use of a vehicle is not required to make us need to disclose

Hi XFACTOR

Thanks for sharing your tribunal experiences. It's quite eye opening the length you have to go to to get justice. Eight years ago when I switched from JSA to IS due to sickness, I was short-changed one days JSA. After wasting three weeks hitting my head against a brick wall trying to get the DWP to realise their error, I gave up. If I had the knowledge I have now, I would have appealed at significant cost to the taxpayer, just to get my £7.50.

With regards to informing the DVLA about having an alcohol problem, how are you suppose to know if you have an alcohol problem?

Many people drink three bottles of spirits a day and think they don't have a problem.

I think the official Government advice is that you have an alcohol problem if you drink more than 28 units a week. (This can hardly be accurate because it changed from 21 overnight).

Self-employed people are legally obliged to keep accounts of their earnings, so they cannot claim at the end of the tax year that they don't know how much they have earned. But drinkers who possess driving licences are not legally obliged to work out and count the number of units of alcohol they drink, so at the end of the week, they can claim that they don't know if they have exceeded the 28 unit weekly limit.

After drinking three bottles of whiskey you are not likely to be able to work out or remember how many units you drank that week anyway!

Regards

Derek

you might be sicker now than you was 6 months ago, but is the illness such that to them it would make a differance to what they have done ?

the fact they did not ask your gp for a report could mean they think a six month old report is good enough

has your gp needed to change your medication or send you for more tests in the last six months or told you to do anything different to take into account your change in condition ?

There has been a deterioration in the original conditions and appearance of a new condition that has been subjected to 3 different types of medication so far and referral to a therapist.

My GP has not been contacted in any way shape or form. However, she has agreed to construct me a supporting letter detailing all the medication that has been tried, the appearance of a new condition and the work being carried out in respect of this new condition. My GP has issued yet another 'sick note' which will be submitted with my appeal papers.

Thank you for all the help so far. I am not going to let these B******* get me down !!

Lisa

I have just re-read the ATOS report which was generated for my ESA claim (turned down and appealed as well) and not a DLA claim.

It is pure rubbish and does not even refer to my current condition that the DLA claim is for !

I am writing up my papers for the appeal at the moment and will submit them with my doctors supporting letter and supporting evidence from the therapists.

The DWP says on their forms that they made the DLA decision based on my claim form and the ATOS report for ESA from April. How can they use this ATOS report when it is for something different?

My son's DLA decision was made based, in part, on information from "the health care professional who examined you for ESA in Oct 2009". It doesn't actually state the "ESA medical report", but they can't mean that they just consulted the same doctor can they?

my dla application has been turned down based on an old atos medical done in july of 2009 16 months ago.. for esa, which i was placed in the work related activity group.i was never sent any statement of reason, absolutely nothing.
this is the only evidence they used.
i have been been informed any evidence over 12 months cannot be used, also
If the dla didnot contact your GP or consultant, or did not send an examining doctor then the dla have not followed the DWP guidelins..
this can form part of your appeal