DLA refused based on old ATOS medical

tinadm1 wrote:

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

UPDATE:
The DM looked at the fresh evidence from my GP and Carer and decided not to change their decision based on an ATOS ESA report from April 2010.

This is now awaiting a hearing appeal not expected until March 2011.

The DLA did not contact my GP at all and relied on solely the ATOS report from April 2010. I have not had any new medicals.

Do I wait for 2011 or ask for the appeal to be paper based now as I cannot allow this to go on any longer?

Thank you again, I am getting desperate.

Lisa

Hi Lisa

It's your choice whether you opt for an oral or (a quicker) paper hearing. I can only advise you that your chances of success if the case is decided on papers is much lower.

Whatever you decide, you can send your own written evidence and supporting medical evidence to Tribunal Services for the tribunal to consider. The onus is very much on the appellant to gather supporting evidence at appeals. I would suggest that you speak to your doctor if possible to explain what evidence you need.

Please bear in mind that if you opt for a paper hearing, any further evidence you wish to submit must be sent early (usually within 14 days) as you will not be informed about the date of the hearing.

Best wishes

Derek

hi Derek,

I selected oral hearing. Can I submit fresh evidence now, i.e. That the DWP failed to conduct a new medical or consult my doctor and then ask for it to be paper?

I cant go on like this till next March.

Lisa

Hi Lisa

Yes, you can submit fresh evidence now. You can also switch to a paper hearing at any time by informing them in writing.

Presumably you will be writing a statement as well as sending evidence. As CD said earlier in the thread, you have a strong argument that the ESA medical report is out-of-date, and as you suggested it does not address the disability you are claiming for, may be completely irrelevant.

Good luck

Derek

thanks Derek (and tinadm),

do you know where I can find an exact copy of the DWP guidelines so I can quote them verbatim?

thank again.
Lisa