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Thread: What to do when the ATOS DR lies?

  1. #21
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    Thank you all, I have printed off the entire thread so someone can sit and look through it with me, so sorry if you've made a valid and true point but i've missed replying to it. I will get there!

    I have emailed (early yesterday) my local law centre and asked for help, explaining the situation.

    The difficulty i have is that the ENT Consultant wouldnt write me a letter detailing i had tests done, he said if that was the JCPs decision it wasnt up to him to intervene, if they said i was fit for work, then i was *rolls eyes* I have now finished with him as he does not have the expertise to deal with my condition (his words) so am waiting for another appointment to come through with another ENT Consultant who knew about more specific disorders related to the dizziness/vertigo .etc

    So all this basically hinges on my GP. If he could confirm i had tests done and what i had wrong with me would this be enough? If i am being honest not making it to the toilet isn't half as debilitating as the loss of balance and rotational vertigo.

    Could i use the fact the ATOS assessor decided not to write i advised him i didnt have menieres but possibly SCDS as a change of circumstances to have my claim reassessed? I have absolutely no problem going back for another medical. In fact i'd insist.

    I also have a letter from the DVLA revoking my driving license due to the dizziness experienced while driving, a letter from my Landlord saying i had to be rehoused to a property with a wetroom because of my health condition but they were all dated last year, would these make any difference? I originally got them for my DLA tribunal, but was refused DLA because a GP from the last practice wrote there was nothing wrong with me and i was fit and healthy (I am so unlucky with Doctors) The judge advised me to reclaim DLA but get something directly from a Consultant who was treating me - which i havent been able to do.

    Thanks all
    Last edited by SecretHoboSpices; 03-08-2012 at 11:58 AM.

  2. #22
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    hello Secret

    Do what i did and get the last two years of your hospital notes. I got all my scans and notes for the DWP to look at and all the notes from my specialist nurse. Useful to have as a back up for the appeal or the medical.. as the HCP has to make a note of and read any medical evidence you bring to the medical. there rules, which is in bold on page 42 of the WCA handbook. I got all my notes for free because I only asked for the last two years. same with your doctor. Just put in a request.. you can also ask for any paperwork That the DWP hold on you that contains your national insurance number.It belongs to you. and under the data protection act. you can get them to correct any mistakes.
    I only found this out with a freedom of information request to the DWP.

    You can find all of what I have posted on the government web sites. Its all in law,and your right.
    You need to get all kinds of paperwork ready when you get the ESA claim form. Don't what to get a knock back from the DWP before you do all this.
    Your not a doctor,so without the paperwork to back-up your claim at the first stage. Your seen as a faker and setting yourself up for a them to make your life hell.

    Phil

  3. #23
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    Could i use the fact the ATOS assessor decided not to write i advised him i didnt have menieres but possibly SCDS as a change of circumstances to have my claim reassessed? I have absolutely no problem going back for another medical. In fact i'd insist.
    Are you a doctor?
    have you any paper work to back it up ?
    if no. then tuff
    they will not listen to you.
    Sorry but that's what's in there rule book.

    Phil

    use your pc/laptop at this very bad time for the disabled, for more than playing games on facebook.
    I will post a link for you,so you can see what you are up against Secret.
    sorry to be such a B******D but we need to get this right from the start. So the government can see its all going wrong. And how much the changes to IB are just wrong.

    http://www.disabilityalliance.org/wcanew.htm

    scroll down the page to the bottom. click the link for revised ESA handbook. its in pdf file format. so you will need adobe reader.
    Its a long read and at the end of it, you will be fuming
    Last edited by PhilH; 03-08-2012 at 06:17 PM.

  4. #24
    Senior Member Stepheninleeds's Avatar
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    The Lords have defeated all three Bills on Legal Aid. We may yet win on that one.
    ~ ~ ~ ~ ~ ~
    Stephen

  5. #25
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    Quote Originally Posted by Stepheninleeds View Post
    The Lords have defeated all three Bills on Legal Aid. We may yet win on that one.
    there could be a force through yet, if 90% of mp's agree they can force it. Just like they did with the last bill.
    Its an old parliament law the the standing government of the day can use.....will find the link to the pages I read about this very old law.

    Sorry Stephen, for kicking you in the nuts on this one

  6. #26
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    Quote Originally Posted by SecretHoboSpices View Post
    The difficulty i have is that the ENT Consultant wouldnt write me a letter detailing i had tests done,
    Have you had caloric reflex tests done ? These are the de facto tests for Vertigo / Meniere's disease.

    Quote Originally Posted by SecretHoboSpices View Post
    If i am being honest not making it to the toilet isn't half as debilitating as the loss of balance and rotational vertigo.
    Have you been diagnosed with rotational vertigo ?

    Quote Originally Posted by SecretHoboSpices View Post
    I also have a letter from the DVLA revoking my driving license due to the dizziness experienced while driving, .
    Two things concern me about this. Your GP or Consultant has to ask you to revoke your driving licence on a voluntary basis first. Did they do that or did they take steps to revoke your licence ?

    Secondly, this is a STRONG piece of evidence for an appeal panel. The thing they tend to ask a lot of disabled people is do you drive. If you say no because you have had your licence revoked then it means either your GP or Consultant views your medical condition seriously. Seriously enough to support an ESA / DLA claim.

  7. #27
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    Quote Originally Posted by Stepheninleeds View Post
    The Lords have defeated all three Bills on Legal Aid. We may yet win on that one.
    makes for a good read Stephen.
    http://www.guardian.co.uk/law/2012/m...s-peers-defeat

  8. #28
    Senior Member Stepheninleeds's Avatar
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    YOur GP will have all medical records, Secret. You are entitled to copies of this. I would speak to them for anything you wish to help your claim. Again, I always advise independent help from a support agency.

    Yes, the Commons can overturn it, but this one is a lot harder than the Welfare Bill. There is more support for Legal Aid, even for disabled people to get it.
    ~ ~ ~ ~ ~ ~
    Stephen

  9. #29
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    Quote Originally Posted by Stepheninleeds View Post
    YOur GP will have all medical records, Secret. You are entitled to copies of this. I would speak to them for anything you wish to help your claim. Again, I always advise independent help from a support agency.

    Yes, the Commons can overturn it, but this one is a lot harder than the Welfare Bill. There is more support for Legal Aid, even for disabled people to get it.
    The sneaky gits are trying to make it harder for us to get with legal aid to take on government departments. Thats what they are trying to do.
    I did a small troll looking at what they are doing, and it seems that want to stop us from winning to many appeals, and winning

  10. #30
    Senior Member Stepheninleeds's Avatar
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    Then stop being a Troll
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    Stephen

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