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TOPIC: DLA maladministration and negligence

DLA maladministration and negligence 7 years 1 week ago #13355

  • tapsy2901
Hi Everyone
I am new to this board and sure hope someone can help/advice?

I have recently been informed that some DLA office worker has lost/destroyed my entire file,now we are talking 10 years +

I have COPD [chronic obstructive pulmonary disease, acute underlaying asthma, carpol tunnel, diabetas amd collasped vertabra's. I have been awarded LIFEIndeffinate Care and Mobility. My peak flow ranges from 150-200 if I'm lucky very occasionally I get a little higher.

Due to negligence and maladminstration = the loss/destruction of my file I had to submit to a Medcal assesser coming to my home to examine me, bearing in mind that I have been classified severally disabled and this null and voids the need for a medical assessment.

The Doctor started of by using my bathroom and when given a towel to wash his hands he refused! then we sat at the table for 20 mins where he took my peak flow this measured 150 but his statement read 200.Then the "good Doctor" told me to lay on my hallway floor - err no that wasn't going to happen, I had visions of being there for the duration, then the Doctor said well if you can't do that bend at the waist and touch at least your knees - ahhhhhhhhhh that wasn't going to happen either, I'm not sure what part of collasped vertabrea he failed to take into account?

Anyway the medical report came in and frankly after reasding it I wouldn't give me DLA at any rate especially what I have now. he writes [ bless him] that I can walk 60 metres a minute - that equates to 196.80 feet or about 3.28ft a second [ Did I forget to mention that no "walk" test was performed] The avergare step for a NORMAL person is 110 per minute but of course I have just discovered with a peak flow of 150-200 I am superwomen! he further writes that before the onset of pain/discomfort I could easily achieve 400 metres - or 1312feet. he is probably right becasue I would be dead before acheiving half of that!

so my question is can anyone advise me I am so afraid of loosing my DLA - the loss would also involve my car which effectively is my legs and freedom and I would also loose my carer. I am told that my medical is now with the decision maker. the stress of this is making me ill. I am 53 years old please can someone advise me - I feel I am being penalised due to negligence on the part of the DLA.
The administrator has disabled public write access.

Re:DLA maladministration and negligence 7 years 1 week ago #13359

tapsy2901 wrote:
Hi Everyone
I am new to this board and sure hope someone can help/advice?

I have recently been informed that some DLA office worker has lost/destroyed my entire file,now we are talking 10 years +

I have COPD [chronic obstructive pulmonary disease, acute underlaying asthma, carpol tunnel, diabetas amd collasped vertabra's. I have been awarded LIFEIndeffinate Care and Mobility. My peak flow ranges from 150-200 if I'm lucky very occasionally I get a little higher.

Due to negligence and maladminstration = the loss/destruction of my file I had to submit to a Medcal assesser coming to my home to examine me, bearing in mind that I have been classified severally disabled and this null and voids the need for a medical assessment.

The Doctor started of by using my bathroom and when given a towel to wash his hands he refused! then we sat at the table for 20 mins where he took my peak flow this measured 150 but his statement read 200.Then the "good Doctor" told me to lay on my hallway floor - err no that wasn't going to happen, I had visions of being there for the duration, then the Doctor said well if you can't do that bend at the waist and touch at least your knees - ahhhhhhhhhh that wasn't going to happen either, I'm not sure what part of collasped vertabrea he failed to take into account?

Anyway the medical report came in and frankly after reasding it I wouldn't give me DLA at any rate especially what I have now. he writes [ bless him] that I can walk 60 metres a minute - that equates to 196.80 feet or about 3.28ft a second [ Did I forget to mention that no "walk" test was performed] The avergare step for a NORMAL person is 110 per minute but of course I have just discovered with a peak flow of 150-200 I am superwomen! he further writes that before the onset of pain/discomfort I could easily achieve 400 metres - or 1312feet. he is probably right becasue I would be dead before acheiving half of that!

so my question is can anyone advise me I am so afraid of loosing my DLA - the loss would also involve my car which effectively is my legs and freedom and I would also loose my carer. I am told that my medical is now with the decision maker. the stress of this is making me ill. I am 53 years old please can someone advise me - I feel I am being penalised due to negligence on the part of the DLA.

A claimant's file is normally destroyed after a period of about eighteen months, or sometimes after an even shorter period of time after the casepapers are filed away. The only papers that may be retained are archived versions of any previously completed claim forms.

How did you discover that the DLA Unit had lost/destroyed your file(s), because this wouldn't normally activate a review of your DLA entitlement for the reason given in the previous paragraph? As you have indicated that you have an indefinite award of DLA, were you not selected for review under the Right Payment Programme?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Re:DLA maladministration and negligence 7 years 1 week ago #13364

  • tapsy2901
I was contacted by the DLA who told me that my file was destroyed inadvertantly by an "over enthuisiastic" person. I can only assume my file was not the only one?

They actually wrote to me and apologised. absolutely nothing is left and therefore they have no record as to why I have an award for anything hence a medical although to be fair if they wanted an accurate record they should have contacted my own Doctor.
The administrator has disabled public write access.
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