The DWP decided that there were no grounds to change their original decision and so sent the papers to HM Courts and Tribunals Service (despite them provably not being able to read much of the home visit report !)
This post looks at the reasons why:-
My partner often falls and drops things as a result of her fatigue (because of her medical condition and side effects of medication) and her inability to focus (mainly as side effects of her medication). Her walking aids help a little with this (despite the fact that the DWP deny we have them!) but there are still accidents.
My partner often loses ability to function after incontinence. This means she often cannot move properly and suffers from being very cold (to me, it seems like physical shock). When she is inside this sometimes means that she has to leave cleaning her surroundings or herself until I can help, when outside there is often no way in which she can cope unaided.
My partner is treat by a wonderful specialist medical team at arguably the world’s best specialist hospital in Colo-rectal diseases. This report was written in October, since then, my partners condition has worsened but even at this time, an ‘onsite doctor’ finds that this report cannot be relied upon.
The DWP have failed to answer under what grounds this report can be rubbished.
The DWP rebuttal of this medical report was at a time when my partner was seriously ill in hospital and there was no way that she could care for herself in any way.
(December update: This report has now been declared not fit for purpose but the DWP refused to remove it from the tribunal papers)
Despite the DWP claiming that evidence after the claim date can not be used, they have themselves used evidence after this date.
Laughably, despite doing this, this report has been discredited by ATOS themselves and in May they told the DWP to inform decision makers of this, yet they still use is as factual evidence which is of course fraud. They refused to remove this from the submission to the tribunals service.
Last year, my partner was the head of programming at a national broadcasting company, now she often cannot get up by herself, she had very poor focus and memory, and cannot manage her affairs at all. This is not “normal”
In January 2012, Chris Grayling spoke in a Parliamentary debate on bowel diseases. He said that the DWP now are better at taking into account the fluctuating nature of Crohn’s Disease and Ulcerative Colitis. Here, the DWP state the exact opposite.
However the DWP state that evidence after this time can not be used, yet they use a discredited report from January the following year and a home visit report from 11 months after this date.
If they just wish to take a snapshot on 17/11/11, this is fine by us as she was so ill that she was admitted to hospital a few days after this as an emergency patient.