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TOPIC: Re:Copy of Med Report. Ask now or wait for appeal?

Re:Copy of Med Report. Ask now or wait for appeal? 6 years 9 months ago #14560

Like all I am sure, I feel I have a very strong case both on joint mobility and mental health grounds. However, was refused any level DLA, filled in appeal form, had visit from their doctor, less than 24 hour notice, day before Christmas Eve, went along with it as each day is pretty much the same to me, and just received letter “standing by their original decision”, so it now goes to tribunal.

I have searched the site and found bits of advice re copy of medical report, but not when or how to ask for it. I will do it in writing to Cardiff address quoting all refs, but is there any suggested wording ? can I also ask for decision maker’s paperwork on how they reached their decision ?

Having this afternoon read the appeal guidelines and how to challenge the report on here, it appears I will be sent a bundle of tribunal documents prepared by DWP which will contain the medical report, but is it advisable to get a copy now so I can prepare my challenge ? I have arranged for a copy of my own GP’s report to be posted from the surgery within the next few days.

I am intrigued to see what the visiting doctor wrote. I would have hoped, like all of us, that he could not have failed to see my genuine problems and daily challenges, but am prepared to have my illusions shattered ! :S

Also since I filled in the original claim form, I have, at my GP’s instigation finally been accessed by OT. They have delivered an electric bed riser to help my breathing and a raised toilet seat and have recommended a walking stick of the correct length. They are proposing to make-over my bathroom to make things easier for me, but all this is 6+ months away as it has to be approved for funding, go to tender and I have to pass (or not) eligibility criteria. If I mention this will it help or harm my current claim ?

So many questions, so sorry for lengthy post, but one last thing. On the mental health side of things I have long standing clinical depression since 1997, anxiety and panic attacks and symptoms of agoraphobia. I am however an intelligent, and hopefully articulate woman who often through pride, really tries to battle my demons. This I can do sitting in front of a computer, in my own home or other safe environment. Because of this I do come over as competent and because I am organised had, for example printed out tables for the doctor with my conditions, symptoms, dates, medications etc. as this formed part of my original claim. It is not in my nature to put on appearing like an extra from One Flew Over a Cuckoos Nest …. but the problems are real. I will be terrified but probably perform well at the Tribunal because I know I have to. What would others do in this situation ?

Again apologies for going on ……… Despite everything said, I’m feeling so lost and alone
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Re:Copy of Med Report. Ask now or wait for appeal? 6 years 9 months ago #14567

  • Jim Allison
  • retired Principal Welfare Rights Officer

Firstly, it's important that you appeal the decision within a month from when you received the Decision Maker's decision, using the form on GL24

Due to a backlog of appeals, and the fact that most Tribunal Members only work part-time, you can expect to wait around 12 weeks or more for a tribunal date. If you are able to accept an appeal at short notice, that should lead to a quicker hearing, since many appellants have to cancel at short notice for all kinds of reasons.

Rather than waste an appeal slot, the Clerk to the Tribunal will always ring around to fill the slot, rather than it be wasted. This can include a 'phone call asking if you can attend the same day, or the day after.

In your case bundle, you will be sent a copy of all papers that the tribunal panel receive, including a copy of the doctors report and the full reason(s) for the Decision Makers (DM) decision.

You should be aware that before your appeal is sent to the Tribunals Service to action, the decision will always be looked at again by a more senior DM, and could be reviewed in your favour.

I'm afraid it's impossible for us to give advice on individual claims as we don't have access to your case bundle. See the post in the Spotlights area of the forum PLEASE READ BEFORE POSTING.

You can find general information/advice on the Tribunals Service at Social Security Appeal Tribunals

I'd also advise that you contact Community Legal Advice who should be able to put you in touch with a local adviser in your area, as there is nothing to beat 'face to face' advice from a qualified benefits adviser.

Hope this is of help.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 6 years 9 months ago by Jim Allison. Reason: Correction to link.
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Re:Copy of Med Report. Ask now or wait for appeal? 6 years 9 months ago #14600

Thanks Jim, I did send the GL appeal form and the doctors visit and subsequent letter - standing by their original decision followed on from that.

My questions really were -

should I ask for a copy of doctors report now to prepare challenges or wait for bundle ? If now, is there appropriate wording and can I ask to see any DM's paperwork ?

secondly should I tell them about OT assessment as mentioned in my original post as aids have been delivered but proposal to redo my bathroom is spectulative into the future. I would image if I get a level access shower, raised toilet etc they will claim I will then be able to look after myself better.

and lastly could the fact that I am pretty switched on (again as last para above)go against me ?

Wondered if anyone had similar experiences. Stay warm - lots more snow here today.
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Re:Copy of Med Report. Ask now or wait for appeal? 6 years 9 months ago #14601

Sorry I forgot to mention when I contacted community legal advice, about another matter, I was not eligible as although I have no capital and a low income, I own my own modest property which is valued at more than £110k which disqualified me.

One other point, sorry - I was on incapacity benefit from April 2008 until August 2009 when I reached my retirement age. This has not been mentioned anywhere in my DLA application. I know there are different criterea but should I make them aware ?
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Re:Copy of Med Report. Ask now or wait for appeal? 6 years 9 months ago #14632

Hi Blowingbubbles45,

If I were you I would write and ask for a copy of the EMP report prior to the tribunal bundle because it might be a while before you receive the bundle and the DM should be able to send the EMP report to you within a few days. There isnt any right way to ask for this, just a simple letter with you NI number, but send recorded delivery. This will buy you some time to really study the EMP report before the bundle.

When you receive your bundle, it will include the DM's reasons for not accepting your claim and if not awarded on review, details of why a second DM has refused. There isnt really an awful lot of DM paperwork other than their reasons, but you will find that the DM's make reference to various Commissioners Reports which they have chosen to support their reasons for turning down your claim.

Regarding your OH assessment and aids. There are a lot of different opinions about, for instance if you can use the aid this cuts down on your need for help because the various aids can make the job easier for you to do yourself etc. On the other hand, while aids can be helpful, they cannot always replace personal assistance from another. What you will need to do is address each personal care and mobility need you have, say how a disability aid can or could help, then look at how they may not always help or cannot help you at all and list your reasons.

I would also advise you to have a look at various commissioners reports which you will find on this site and you may find some information there in support of your appeal.

Finally, I would recommend to anyone going to an appeal to keep a diary record showing the help you need with personal care, and what mobility problems you have. This is a bit of a pain (pardon the pun), and you sound a bit like me, get things done and move on, and having to write everything down and relive it can be very depressing, but you will be able to give a real insight into your typical day and hopefully show how much help with care you have needed and it will be a good way of helping you to explain things if your case goes to the tribunal. I would suggest doing this for a couple of weeks just prior to your tribunal date, or between now and then if you are going through a particularly bad patch, record it.

I hope this is helpful to you and if there is anything else I can help with just ask. I am awaiting another tribunal date after mine was adjourned awaiting an EMP report. I hope the Dr dosnt appear within the next few days, I had to phone the vet today and have Scotty my much loved Labrador and faithful friend put to sleep so they would'nt get much sense out of me at the minute.

Keep your chin up and good luck

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Re:Copy of Med Report. Ask now or wait for appeal? 6 years 9 months ago #14642

Kathy thanks so much for the information. So sorry about Scotty. I lost Bub my first dog and best friend in 2008. She was only five and had lung tumours. She had a brain the size of a planet ! She was so special. Funny, sensitive, affectionate - everyone loved her. Letting her go was so hard, but a wise friend said "Don't prolong her suffering to delay your own". So true. Having said the classic "Never again" as I felt my heart had been crushed, I lasted two whole weeks before getting Daisy, a 9 year old Jack Russell cross who had been very badly treated. Took months of hard work and patience to gain her trust. Worth every minute. She is now confident, a joy and I adore her. Thanks again Kathy. xx
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