What do you think of my defence?

I was turned down DLA based on a 15 month old (at the time of the decision) atos report conducted for ESA

My defense is as follows

My condition had deteriorated in the time between the ESA report and the date of the decision on my DLA renewal

My consultants report dated 12 months AFTER the ESA report states that I had deteriorating pain my in my hip and the pain was worse since i was reviewed 12 months ago.There fore a report compiled over 12 months ago can not give an accurate picture of my care and mobility needs at the time of the decision

I was also prescribed stronger pain killers 12 months AFTER the ESA medical another indication of a deterioation

Do you think these are valid reasons why my 15 month old atos report should not be used when deciding what my care and mobility needs where at the time of the claim when new evidence shows a deterioration in my health?

Another worth while point is in the dwps submission based on the 15 month old report they did actually acknowledge i had some pain on walking and they acknowledge i had problems bending which led to some care needs but they where trying to say that my condition was mild and not so sever to render me virtualy unable to walk or require frequent care based on the fact they say i was on low strength pain killers "co codamol" so its not like they just said i have no problems what so ever.

But like i say SINCE that report iv been put on stronger painkillers and have medical evidence that shows a deterioration in my health.

I know there are many other variables when deciding a case but for blowing this old esa report out of the water do you think my this defense is good?

To be honest my ESA report is not actualy that bad imo im still surpised i was not awarded a higher rate of care at least here are a few extracts



: Is able to manage stairs but with pain

: sleeps poorly due to pain

: bending down to put on socks and shoes usaly laces a problem

: Always finds it difficult to bath due to bending problems

: is always able to dress them selves ( then further down she states) usually finds it difficult to dress bottom half socks shoes trousers due to bending problem.

: Appeared to have slight difficulty sitting for 20 minuets but did not need to get up from chair

: Had some difficulty rising from sitting in an upright chair but did not need physical assistance

: Gait observed limping and found this consistent

: Client can only sleep on right hip so will be in pain a couple of times during the night

: Usaly needs dragging himself to get out of bed due to pain and stiffness


Can occasionally walk 100 meters to local shop ( i also stated that i could not walk any of that distance without sever discomfort but this was not mention d in the report and also that i only would walk that if i had to i have no means of transport)

she concluded the following:

Can not walk more than 200 meters without stopping or sever discomfort

can not stand for more than 30 mins

can nnt bend kneel or squat as if to pick up a light object and stand back up without help from another person.

i believe there is enough evidence in that old report alone to award me middle rate care at least along with the info i put in my claim form, that esa report clearly shows i can not bend due to pain in my hip which is consistent with all my care needs i stated which all involve bending.