DLA with ESA medical...

Hi Maybelle,

I was turned down for DLA with them using my ESA medical, I appealed and sent in new evidence and said that i was appealing ESA as Well. Got a letter from them to say were sending doctor out to see me. He seemed ok and was only here for about 20mins, and showed him the same evidence ie hospital and doctors letters. 2/3 wks later got a letter and now recieve both care and mobility


Best wishes and good luck Bubs x

Hi Dave. For Benefit purposes, Atos tend to class Co-codamol as the 8mg codeine phosphate tab - which infers that the pain is not bad. So in that sense then yes - the examining doctor know exactly what she was inferring and I do believe this was her motive - especially when she then wrote 'for moderate pain'. The doctor should have used the name Zapain - which would have informed them that the meds were for 'severe pain'. I cannot take more than 8 over 24 hours - although sometimes, to be honest, I could really do with more...

Gordon wrote:

maybelle

I am concerned from your post, that you have confused asking for a Reconsideration of a Decision and lodging an appeal to have a Tribunal re-hear the evidence.

Sorry for confusion Gordon. I have lodged an appeal for ESA and asked them to reconsider DLA. I have been down the appeal process before with DLA. We waited 19 months. We did have a rep to present my case - but the judge seemed to know (and actively dislike) him. He was not allowed to speak(!) I was interrogated for almost one and a half hours. My claim was from 2009 but they kept going back to 2005 (when my illness first started). I lost the appeal - but spent 6 months trying to get notes for point of law further appeal. Get 'read receipts' for emails - but otherwise ignored - eventually gave up, took a deep breath and lodged this fresh application... By the way - despite typing I have minimal hand use and really do need 24/7 care.

Hi Maybelle

Do you mind if I ask what you mean when you say that your Rep was not allowed to speak?

Was he not allowed to say anything at all?

Derek

bubs wrote:

Hi Maybelle,

I was turned down for DLA with them using my ESA medical, I appealed and sent in new evidence and said that i was appealing ESA as Well. Got a letter from them to say were sending doctor out to see me. He seemed ok and was only here for about 20mins, and showed him the same evidence ie hospital and doctors letters. 2/3 wks later got a letter and now recieve both care and mobility
Best wishes and good luck Bubs x

Thanks Bubs, I am astounded just how helpful everyone here has been
I followed the advice here to the letter - in my DLA application, so am really at a loss for words now - but love reading other peoples successes here - It does give hope xx

DepressedDerek wrote:

Hi Maybelle

Do you mind if I ask what you mean when you say that your Rep was not allowed to speak?
Was he not allowed to say anything at all?

Only to introduce me by name - then judge held up her hand for quiet. She did this each time he tried to speak. Same too when my husband tried to help me. (I can struggle to articulate)...