lost 9 points because i went on holiday!!!!!!!!!!!

I think there are many approaches to challenging what appears to be a ridiculous and narrow-minded decision by a DM.

Reasonable regularity is one. But if the DM simply stated that the OP has come back from Spain without explaining why he overruled the ADA who examined the appellant and saw him sitting at the medical, he may have a very weak case.

There doesn't seem to be much point in being assessed my a medically trained and qualified person when a DM can overturn advice due to such flimsy facts.

Good luck Peter.

Derek4 wrote:

I think there are many approaches to challenging what appears to be a ridiculous and narrow-minded decision by a DM.

Reasonable regularity is one. But if the DM simply stated that the OP has come back from Spain without explaining why he overruled the ADA who examined the appellant and saw him sitting at the medical, he may have a very weak case.

There doesn't seem to be much point in being assessed my a medically trained and qualified person when a DM and overturn advice to such flimsy facts.

Good luck Peter.

Good advice Derek,

But can you please repeat the second and third lines of your last paragraph, without laughing !!!

"a medically trained and qualified person" did he/she work for ATOS.

I suppose it's turning the tables a bit, using an ATOS HCP's opinion against the DM.

Most ironic, LOL.

Disregarding my comic interlude very helpful to the OP.

cheers

bro58

Derek4 wrote:

There doesn't seem to be much point in being assessed my a medically trained and qualified person when a DM and overturn advice to such flimsy facts.

Good luck Peter.

I thought we wanted DM not just rubber stamp medical decsions ?

Thanks everyone for responding.I was assessed under the new rules as my medical was only on June 20th 2011.It all seems to be happening really quickly.I sent in my GL 24 July 7th to appeal along with a supporting letter from my GP which actually referred to the descriptors and when I received my bundle today (July 21st) it states that I provided no new medical evidence so the decision was not revised.I do not fly every day so do not understand the importance the decision maker has attached to it especially as aeroplane seats have headrests which help support my neck.Anyway I am starting to calm down now after the initial anger on reading the report and will just await a date for a tribunal hearing.Thanks again
Peter

Gordon wrote:

Derek4 wrote:

The OP has just received his appeal bundle so I suspect he was subjected to the old pre 28th March WCA.

You're right, should of asked, definitely not having a good day.

Gordon

Don't worry Gordon, we all have bad'ns, I'm sure that all the members have nothing but admiration, for you and the rest of "The Mods", and the sterling job that you all do.

Especially taking into account that you all do this on a totally voluntary basis, and also have your own health conditions to deal with.

cheers

bro58

bro58 wrote:

Derek4 wrote:

I think there are many approaches to challenging what appears to be a ridiculous and narrow-minded decision by a DM.

Reasonable regularity is one. But if the DM simply stated that the OP has come back from Spain without explaining why he overruled the ADA who examined the appellant and saw him sitting at the medical, he may have a very weak case.

There doesn't seem to be much point in being assessed my a medically trained and qualified person when a DM and overturn advice to such flimsy facts.

Good luck Peter.

Good advice Derek,

But can you please repeat the second and third lines of your last paragraph, without laughing !!!

"a medically trained and qualified person" did he/she work for ATOS.

I suppose it's turning the tables a bit, using an ATOS HCP's opinion against the DM.

Most ironic, LOL.

Disregarding my comic interlude very helpful to the OP.

cheers

bro58

Hi Bro58

It looks like you got your own back on me today, I should have remembered Wednesday's post before typing that.

Atos ADAs are medically trained and qualified - to a certain standard. There are also highly skilled at what they do - which isn't much.

It is a very interesting appeal where unusually, instead of the DWP supporting the medical evidence that they commissioned by 'an independent healthcare professionals with expertise in disability, an expert in their field and no interest in the outcome of the claim', they will have to disagree with it!

Regards

Derek