im already wating for an appeal date for my dla claim, however im considering fillling in a change of circumstances, they awarded me low rate care only when previously i was awarded high rate mobility and high rate care.
In march i had an atos medical that said i could walk over 100 meters which is totally not true and 2 months later i was put on the waiting list to have a hip replacement, i think that alone says alot about the esa report
i was wondering if i was to fill a change of circumstances and sending off my latest doctor report and letter that states im wating to have a hip replacement can the dwp still use the atos report from march this year if my change of circumstances happend AFTER that report?
I am afraid that like you, the DWP are entitled to use any evidence that they feel is relevant.
That said, evidence must be weighed by it's relevance, which is affected by its age and whether it is contradicted by other evidence. In the case of the latter, then factors such as the credibility of the the person producing the evidence should be taken into account, for example a report by your Consultant would hold more weight than one from your GP.
Hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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