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DLA to PIP medical evidence.

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7 years 2 months ago #181348 by Gordon
Replied by Gordon on topic DLA to PIP medical evidence.
LadyLuna

The DWP comments about offsetting payments against JSA and that they request the Tribunal dismiss the appeal are standard, don't worry about them. The first one simply means that if you win your case then any back payments will have the JSA you have already received deducted from then, if you actually did receive JSA.

The DWP view is that a letter sent is always received.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 months ago #181371 by LadyLuna
Replied by LadyLuna on topic DLA to PIP medical evidence.
Ok thank you Gordon.

Seems it originated from this stupid Dr Who claimed I could use public transport to get to an assessment.

They still claim I never sent in any documents and only copies in the file of letters are the copy I sent to DM and the copies attached to my Appeal form.

A couple of interesting things in the Medical Report Form completed September states the level of disability is unclear from the aviable body of evidence and the Questionnaire, Med3, GP letter and medical evidence suggests I am likely to to basket able to attend an assessment centre but may require private transport as I attend GP and physiotherapy appointments.

It then states I have carpal tunnel and therefore needs to be assessed by a Dr or health care professional who has undergone relaxant neurological training.

No-One has said I have carpal tunnel which in itself is not very specific.

The medical evidence does not include the previous dr's request for a Home Visit.

They claim I didn't show good cause to miss an appointment.

They also claim even though I spoke with the DWP when the letter arrived saying I had missed an appointment and needed to tell them why, and I clarified twice whilst speaking whether I now needed to return the form and was told no my explanation over the phone was sufficient; that they note I have still not returned the form to explain why.

The good news is I have an Med3 from the Dr Who has given me til end of March and said get another one when it runs out. That will be sent to DWP tomorrow.

This is going to be an interesting Tribunal I suspect as I now have a form to have my foot X rayed. Been waiting 5 years for this. It was done because my caring physio requested it. We shall see if that throws anything up.

All help and advice gratefully received.

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7 years 2 months ago #181375 by Gordon
Replied by Gordon on topic DLA to PIP medical evidence.
LadyLuna

Was the "previous doctors" request for a home assessment submitted as part of this claim, if it was then it should be included in the information supplied by the DWP, you provide your own copy to the Tribunal with a covering letter explaining that it was submitted and is missing.

If you think that there are errors in the information supplied by the DWP then you can point this out, for example your phone calls should have been recorded and you request a copy of these.

Don't lose track of the fact that this is first of all a Tribunal on whether you have Good Cause to not attend and secondly whether you should have needed to.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: LadyLuna

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7 years 2 months ago #181380 by LadyLuna
Replied by LadyLuna on topic DLA to PIP medical evidence.
Yes my Dr put in a request for a Home Visit and also said when they make an appointment at and assessment centre for me to bear in mind my lack of mobility. It was badly worded and off the back of that the taxi was going to be organised. And again this was before the "missed appointment", so my Dr had requested it.

To be fair I have had 2 Dr's on this current claim period who have been inconsistent with my disability due to not knowing me and sadly not investigating further. It has taken the physio requesting an x-ray to get one as they constantly say it costs too much. It has been suggested I should see a rhumatologist and be tested for fibromyalgia but this is not forthcoming. The hospital requested I be tested for allergies after my anaphalaxis shock back in the summer and wrote to my Dr. She claims she didn't know I was in hospital twice. She took me off Naproxen saying I didn't have pain and was shocked when I said I did.

Sorry I am ranting but I have tried to show good cause. I have battled to get medical evidence and I can't be held responsible if Maximus and DWP lost my medical evidence. Hopefully the Tribunal will see that and something good comes out of it.

Thank you for letting me rant.

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