My Third Claim

Hello all

Just really needing a bit of support and help through my claim.

I've claimed for DLA twice and got to tribunal twice, only to get turned down for pretty rubbish reasons.

The last time left me having a bit of a breakdown, and I was so low after the tribunal I didn't have the mental capacity or energy to fight any of the decisions. I had a medical from a really rude doctor, who pretty much said he didn't believe in one of my conditions, shouted at me when I forgot things, and his 'examination' involved poking me in the spine twice, and declaring all my joints fine. He wrote a report full of inaccurate statements. They then based their decision solely on his report.

This time I have had help from a really lovely lady, and I sent it off and about two days later I got a phone call to say I needed to have a medical. There was no way they could have even opened the claim form, so I think they'd already made their mind up.

I enclosed about seven consultants letters from top specialists in London (all from this year) and I have brand new diagnosises as well, so my previous claims have nothing to do with this claim.

I returned their phone call and she asked if I could go to the medical centre in town. I said it was no problem if they had parking directly outside.

She then asked if I was in a wheelchair. I said yes. Oh, you can't go there then, we don't let anyone with wheelchairs, or that require assistance with walking there, as it would be against Health and Safety. So the building used in a large town for all ATOS DLA and ESA medicals is inaccessible?

She then said she would send someone round at 9am.

Because of my condition I actually can't cope with early mornings - they mess me up for ages afterwards, so she then said she could do 10 onwards.

I feel sick with nerves. After my last medical, it just fills me with fear.

So my three questions -

Can an ATOS centre really be inaccessible or was she lying?

I would like to record my medical so I can prove what happens. Is this allowed? Is there any notes/laws I can read about this to present to them please?

Is there any way to requestion a specialist in my area, as a GP just isn't going to have the knowledge about my conditions needed (which is why specialists exist in the first place!)

Any help is appreciated, as I feel like I'm going to throw up, and just want to bury my head in the sand.

Thank you.

She is not telling fibs many atos centers have problems with parking and access.

What I can't understand is
"pretty rubbish reasons" they dont turn you down for them as you could take them to a higher tier court I think

with regards your medical a mod will be along to aim you to members areas where you can get in depth info for the visit (if your a member) good luck

Hi Jazabelle

Welcome to the forum. As this is your first post it is important that you read the FAQ page here .

You can find a lot of information in regards to your first two questions by searching the forum.

I'm afraid there are several Atos medical centres designed to assess disabled people that are inaccessible to disabled people (lifts, car parking, top of a steep hill, etc).

Atos will not allow you to record a medical without imposing conditions that are virtually impossible to comply with, and would refuse to give you a medical if you insisted on doing so. But I would not put you off covertly recording it.

You can ask for a specialist to examine you but there is no guarantee that one that specialises in your condition(s) will be available.

Good luck

Derek

Thank you for the responses.

I promise you the reasons were rubbish, but I didn't have the energy to take them to a higher tier tribunal. I would now - but it's too late.

She said that the as my mum is my carer, she does it out of motherly love, not out of need. (What 24 year olds mother gets them out of bed and dresses them just out of love, and not need? Well, if they do, I don't want to know!!)

A friend has just said she had a medical at the same centre, and it is accessible, and there were lots of people in wheelchairs there. So why have they say it to me?

If I covertly record the medical, could I use it in a tribunal?

I am a member indeed.

I have had a medical before, it's not so much what will happen - it's more how to stop them writing inaccurate statements, and the DWP taking it as fact!

I'm just a bag of nerves, as I've been through it all before and it wrecked me. Just not sure I can mentally face it all again, but have to I guess.

Thanks again.

Also - when you say you can ask for a specialist, do I ask the DWP or Atos please?

Thank you.

originaldave wrote:

What I can't understand is
"pretty rubbish reasons" they dont turn you down for them as you could take them to a higher tier court I think

You can only appeal to the Upper Tribunal if the First-Tier Tribunal made an error of law. It's generally not possible to argue with their factual findings.

For example, if a tribunal decides that you can manage a task they could give a 'rubbish reason' of how they concluded it, which you cannot argue with. But if there was contrary evidence and they failed to explain why they rejected it in preference to their own findings, that could potentially be an error of law.