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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70643
Experience:  Over 5 years in practice
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i have been turned down my reguest to reconsider my renewal

Resolved Question:

i have been turned down my reguest to reconsider my renewal ot high rate dla and low care
because i had a atos medical in june 2012 to see if i was able to work. now io mths later this medical is being used as evidence that my form for to renew my dla conflicks in tha t i told atos ican for 20 mins and walk for 45 mins.I feel totaly miss lead with this as the dla form is my worst case senario as advised by my representive, and the atos medical was carried out on the basis of trying to see wha i can do at my very best and i do want to work if i can.Is it better for someone with disabilty just not to try to exercise there right to work in fear they will lose dla? could you advise me what to do now?

thank you

Mr T Clark

01424 871108 Battle East Suusex
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

Sorry but I'm not sure I understand this situation properly. You are saying that you have had an adverse medical and that is being used to challenge your renewal?
Customer: replied 4 years ago.


my dla for high mob and low care ends this june and i completed the forms with a dla advisor but i have been turned down for both because i had a medical ordered by jobcentre with atos. The decision was made because at the atos medical ,to see if i can work, it was recorded i said i can stand for 20mins and wak for 45mins.This atos medical was done in june 2012,i want to work and went to the medical happy to work if i can find work i can really do, this was the context of my comment to the Doctor at that medical.


 


I now been refused dla because it is judged what was recorded then contridicts with the information i gave on the dla form ie thai cannot walk more than 50m wthout discomfort and pain and cannot stand for 20mins without discomfort and pain.


 


Since the atos medical the problems with my spine havr got worse and the comments i said at the atos medical are being taken out of context


and i was not made aware that the atos medical would have a direct bearing on my dla claim.


 


I feel iam being discriminated against because i gave a positive desire to want to work and this is being wrongly used to take away my dla which in fact could make it impossible to get to work as i cannot use public transport and will no longer be able to afford to run my car.


 


lok foward to your reply


 


Mr T Clark

Expert:  Jo C. replied 4 years ago.



Thanks for the information.


I do see why you are aggrieved over this but ultimately we are all hampered by the law.

The DWP are instructed by the Government to make cuts. You are probably aware of that already.

Anything you say to the DWP generally and to ATOS in particular will be used not only in the course of the instant application but also it will be scrutinised for consistency with any other application.

If you are saying that you made various comments in June 2012 that are no longer accurate because your condition has worsened then that is the basis of an appeal but there’s no challenge in saying that you didn’t know that your comments to ATOS were on record I’m afraid.

If you mean the DWP have refused your application to reconsider then you can always appeal to the Tribunal. There are lots of DLA appeals currently before the tribunal and it may well succeed if you do.

Obviously though, DLA is something that will be continually assessed now under the new rules.

Hope this helps. Please let me know if you need more information.
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