I won my Tribunal yesterday.

My Tribunal took place yesterday afternoon. I was contesting the decision to take away my Care Component after my claim renewal in January this year.

I wanted to say a big thank you to those that run this site, the information was more helpful than I could possibly say.

I had a medical in January, as is the norm. But I was stunned when I saw the medical report that Atos had completed and sent to the DWP. The Dr came to my house as I am in a wheelchair and it is hard for me to arrange transport. The Dr was in my house for 12 minutes, no longer. Yet on his report he stated that he was here for 40 minutes. During the so called medical he informed me that there was no point in him going into details about the various medications I take as the DWP are not medical personnel and it wouldn't mean anything to them. He actually completed that part of the report AFTER he left my house, and because of that the list of meds on the report was wrong. He didn't ask me about my usual day, he didn't actually examine me other than to ask me to lift my arms up and down. On the report he said that my pain was 'perceived' and not real and that I 'choose to live the life of a disabled person'. I cannot tell you how upset and angry this made me. I complained most strongly to Atos, threatening them with legal action. After about 5 weeks I received a letter from then upholding my complaint and apologising. They agreed that the medical was misleading and unprofessional.

I hoped that this would be enough for the DWP to reconsider their decision. I was wrong. They wrote back to me stating that they hadn't used the medical to make their decision. Despite the fact they quoted the medical 4 times in the breakdown of their decision. So, I went to Tribunal.

There was a DWP representative at the Tribunal, something I wasn't really expecting. He talked about how the department made their decision to stop the Care Component of my claim. I almost laughed when he started quoting the medical report from Atos. Y'know, the one they didn't use to make their decision. I was able to show that the medical was inaccurate and misleading. The guy from the DWP was stunned. It was wonderful....and then 5 minutes later when I told him that I was ex DWP and that I had worked for the department for 16 years as a Decision Maker his jaw almost hit the table.

I had other evidence as well, but I want to say is that if you find that the medical report from Atos is incorrect and unfair then it is well worth complaining. After the Tribunal had given me my decision the rep from the DWP told me that he is familiar with the Dr that completed my medical and subsequent report. He told me that his reports are always very poor. I was disgusted...not only do Atos accept shoddy work from their Doctors but the DWP also accept these reports knowing full well that they are of a low standard. A decision about DLA or any benefit for that matter can seriously affect the quality of life of those involved so I don't think it's asking to much that these decisions be based on correct and up to date information.

I wish everyone else out there luck with their upcoming Tribunals.

Hi Zombii

Congratulations on winning your appeal and thanks for sharing your interesting story. I can imagine the Presenting Officer from the DWP would have been shocked when he realised what he was up against.

It's good to hear that complaints against Atos are being upheld as well.

Regards

Derek

Thank you, Derek.

It was so lovely to wake up this morning without having that horrid, nagging worry in the back of my mind.

I wish that those who make these decisions could understand the stress and worry that we live with whilst working towards getting what we are entitled to. Many conditions become harder to live with under stress.

As I said previously I was a DM with the DWP for 16 years. During those 16 years I defended the work that we did on many occasions. I considered that every decision I made was fair and I ensured that I had as much information as possible before making my final decision. I was proud of that work I did and I loved my job. I was shocked that I wasn't afforded the same respect and diligence when I was on the other side of the desk. It was a real eye-opener I can tell you.

Ratchael
x

Congratulations Zombi on winning your appeal, think the DWP and Atos bit of more than they could chew with you.
Good for you for taking them on and winning.

Tracy.

zombii wrote:

Thank you, Derek.

It was so lovely to wake up this morning without having that horrid, nagging worry in the back of my mind.

I wish that those who make these decisions could understand the stress and worry that we live with whilst working towards getting what we are entitled to. Many conditions become harder to live with under stress.

As I said previously I was a DM with the DWP for 16 years. During those 16 years I defended the work that we did on many occasions. I considered that every decision I made was fair and I ensured that I had as much information as possible before making my final decision. I was proud of that work I did and I loved my job. I was shocked that I wasn't afforded the same respect and diligence when I was on the other side of the desk. It was a real eye-opener I can tell you.

Ratchael
x

I know the feeling and I fully empathise with your predicament.

The standard of adjudication officers (as they were then) deteriorated rapidly in my final few years with the former DSS, and I know from my own personal experience that decision makers' standards seem to have hit rock bottom nowadays!

Crazydiamond wrote:

zombii wrote:

Thank you, Derek.

It was so lovely to wake up this morning without having that horrid, nagging worry in the back of my mind.

I wish that those who make these decisions could understand the stress and worry that we live with whilst working towards getting what we are entitled to. Many conditions become harder to live with under stress.

As I said previously I was a DM with the DWP for 16 years. During those 16 years I defended the work that we did on many occasions. I considered that every decision I made was fair and I ensured that I had as much information as possible before making my final decision. I was proud of that work I did and I loved my job. I was shocked that I wasn't afforded the same respect and diligence when I was on the other side of the desk. It was a real eye-opener I can tell you.

Ratchael
x

I know the feeling and I fully empathise with your predicament.

The standard of adjudication officers (as they were then) deteriorated rapidly in my final few years with the former DSS, and I know from my own personal experience that decision makers' standards seem to have hit rock bottom nowadays!

as a long term customer of the DWP I agree that standards are not what they where 5 years ago, but go back to when DLA first came in with pridictions of a max of 400,000 customers they where back then a mess and I still think things these days are better than then

and as bad as things are I dont think any of the staff go to work with the idea of being a ***** and not giving anyone any award

I posted the other week if you add up all the active people on disability forums and triple the numbers, then double again for the silent none complainers the numbers not happy given the 3,100,000 on DLA is very low

50% get dla on first bash and as many again of them that appeal then get it.

if there was help from the dwp at the start of the process people could be helped to make sure they give all the evidance needed (if they have it) and people who are not having a good case can be advised to get in depth advice from the right charity or aimed here to sign up and download usful advice