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<blockquote data-quote="donnellysdogs" data-source="post: 162155" data-attributes="member: 17713"><p>The ATOS medic deemed me as fit to work, I asked for a reconsideration in a letter, and the letter asking for a reconsideration had 40 points listed on it as to the reasons why I didn't think I should be placed in the fit to work category. I received a letter back within 4 weeks saying that they had overturned the ATOS medic's decsion. I think it helped that the ATOS medic had stated a number of untruths (one being that I was offered a female attendant), and that I had a witness with me that could categorically state that I was never offered a female attendant. </p><p>The DLA used the same report that the ATOS medic and deemed that with the additional information that I had provided that I should be getting DLA. The forms for both ESA and DLA look pretty much the same questions, but they aren't. Both forms also ask the same question in a different way, so you have to be very aware of this when completing the huge application forms. I did not send any official letters from any of my health care professionals with my applications or reconsideration letter, as I had decided that if I needed to go to appeal, then I would do it at this stage.</p><p>I was not appealing against the ATOS decsion for financial reasons regarding the ESA, as I do not get any actual benefit payment, just my NI credits paid. Even so I know of the need to get the NI credits paid, and also that being placed in the 'fit to work' category would be so very difficult for me to manage. </p><p>It is possible to get somewhere, but it is a huge fight to do so, and it is certainly not a pleasant journey to have to travel.</p><p>My DLA and ESA application was not just made regarding diabetes (as that is not the major part of my health problems), but the fact of being on a pump was mentioned, but not as the major contributory factor.</p></blockquote><p></p>
[QUOTE="donnellysdogs, post: 162155, member: 17713"] The ATOS medic deemed me as fit to work, I asked for a reconsideration in a letter, and the letter asking for a reconsideration had 40 points listed on it as to the reasons why I didn't think I should be placed in the fit to work category. I received a letter back within 4 weeks saying that they had overturned the ATOS medic's decsion. I think it helped that the ATOS medic had stated a number of untruths (one being that I was offered a female attendant), and that I had a witness with me that could categorically state that I was never offered a female attendant. The DLA used the same report that the ATOS medic and deemed that with the additional information that I had provided that I should be getting DLA. The forms for both ESA and DLA look pretty much the same questions, but they aren't. Both forms also ask the same question in a different way, so you have to be very aware of this when completing the huge application forms. I did not send any official letters from any of my health care professionals with my applications or reconsideration letter, as I had decided that if I needed to go to appeal, then I would do it at this stage. I was not appealing against the ATOS decsion for financial reasons regarding the ESA, as I do not get any actual benefit payment, just my NI credits paid. Even so I know of the need to get the NI credits paid, and also that being placed in the 'fit to work' category would be so very difficult for me to manage. It is possible to get somewhere, but it is a huge fight to do so, and it is certainly not a pleasant journey to have to travel. My DLA and ESA application was not just made regarding diabetes (as that is not the major part of my health problems), but the fact of being on a pump was mentioned, but not as the major contributory factor. [/QUOTE]
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