Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.

Professional Members

We support both claimants and professionals.  These are just some of the organisations who have subscribed to Benefits and Work:

  • Royal College of Nursing
  • Spinal Injuries Association
  • Chesterfield Law Centre
  • Coventry Mind
  • Birmingham Citizens Advice Bureau
  • Colchester Borough Council Welfare Rights

Read more

Welcome, Guest
Username: Password:
Remember me. Note: ticking this may affect members file download ability.
Members

TOPIC: Need Advice Please Re Incorrect Medical Report

Need Advice Please Re Incorrect Medical Report 7 years 1 week ago #13053

I recently recieved a copy of my medical at home and I am absolutly disgusted about just how incorrect it is. It said many things that are not correct and left out very important matters that were discussed.
The report said 'I did not look outwardly depressed' What The Heck? I though depression was a state of mind not a certain look!?.
Anyway in this case I probably need to seek legal help.
This should be interesting because I have 'very strong evidence' to discredit the medical.
I feel like sending it to the papers or sending the evidence to a DLA MP but what really is the best thing to do? The Tribunal will be having my hearing and considering this ridiculous untrue medical report which sounds like it was written about someone else.
What should I do???........really angry and fed up....plus I have have the 'GOON SQUAD' (their not very private intestigators)following me around for months on end...what a waste of tax payers money as there is nothing to find! any idea how I can get these cowboys to back off without giving them a SLAP?
The administrator has disabled public write access.

Re:Need Advice Please Re Incorrect Medical Report 7 years 1 week ago #13055

  • yorkieforum
Hi

I had the same experience in 2004 when i moved home and the DLA sent a doctor out to examine me. The report was an absolute joke. Yet, within five mins of him entering my home he had already told me i needed stair rails, toilet frame/support and a walk in shower. I had my DLA HRM and MRC all taken away, because of this doctors corrupt report. I then searched the Internet for sites that could help and I joined a previous site, where Jim A was an advisor. I took his advise, which was to go to Welfare Rights/Benifits and let them help me. I had been abandoned by the NHS into the care of the community doctors, so had no recent doctors/specialists reports to fall back on. They were brilliant, i was told I had my HRM even before i entered the appeal room, and was told that i would only have to answer questions on my care needs. I won my appeal unanimously (there are three people on the panel). So stay calm, and just wait for one of the advisors to answer your query/message, as there are a few who are ill at the moment; so hang on in there until they get back to you.
The administrator has disabled public write access.

Re:Need Advice Please Re Incorrect Medical Report 7 years 1 week ago #13062

Hi yorkieforum,

I'm afraid that your experience is only too common and is undoubtedly one of the reasons why Atos/DWP are so keen not to have medicals recorded.

If you are going to seek legal advice I would definitely try a welfare rights specialist at an advice centre or law centre first, as there are very few solicitors with specialist level knowledge of benefits.

You can make a formal complaint about your medical and copy it to your MP, although sometimes tribunal chairs will refuse to hear a case until the complaint has been dealt with.

The most important issue in the short term is to make sure you have evidence for the hearing to show what level of needs you actually have, as opposed to the level that the doctor assessed you as having.

Good luck,

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Re:Need Advice Please Re Incorrect Medical Report 7 years 1 week ago #13063

thanks yorkieforum, yes it sounds like I need to get a Welfare Rights/Benifits officer involved to read over my DLA claim, and all supporting documents to use as evidence against the medical report.I dont want to come across as desperate but this has come about at a particulaly hard time for me as my very precious son who is only 3.5 years old is on daily blood pressure medication for Renal Failure and has moderate Kidney Damage and expected to need a transplant in the comming years.
I have been having to deal with anxiety for 20 plus years and depression for the last 5 or so years worsened by the above injury to my son that happened just over a year ago.
When it rains it pours! A very close family member passed away late last night. I keep telling my wife I must be part of some experiment by an unseen force to see how much stress etc someone can take before they completly give up or worse 'loose it' Fortuniltly I am blessed with the love of my lovely supportive wife and son and I was born a fighter and will see this through no matter what comes my way. If I was well enough I would make sure heads rolled at a high level for the way in which my case has been handled but given my current situation I will be pleased to just put this terrable experience behind me.
The administrator has disabled public write access.

Re:Need Advice Please Re Incorrect Medical Report 7 years 1 week ago #13140

Hi Sherlock

If I were you I would take legal advise with regards to the comment made i.e. 'I did not look outwardly depressed,' or at the very least speak to the Disability Rights Commission. A comment such as this could be seen as direct discrimination. I am no expert but it would appear that he or she has made a generalised and stereotypical assumption based on the way you looked rather than on medical evidence and clinical judgement.

Good Luck

Kaz & Gaz
The administrator has disabled public write access.

Re:Need Advice Please Re Incorrect Medical Report 7 years 1 week ago #13142

Hi Sherlock,

Can fully understand your frustrations. A member of my family has been confined in a mental hospital for over 30 years now, she dosnt look outwardly depressed either, she has the best memory going and can sit an converse like any other human being. She wears lovely clothes and puts on her makeup everyday to perfection. Thats part of the problem with these EMP's they all too often judge a book by the cover and thats why they are not in the lease bit qualified, unlike a consultant psychiatrist who can take months to establish a persons proper mental state.

Dont let it get your down, keep fighting.

Kathy
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
Time to create page: 0.230 seconds