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DLA tribunal info question
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13 years 3 months ago #42833 by mistake
DLA tribunal info question was created by mistake
Hi.
I have been receiving high mobility and mid care DLA for 12 yrs but it was reduced to just low care when it came up for renewal due to an unhelpful report from my GP. I appealed and after discussing with my GP what a problem the report had caused, he did give me a letter to support my appeal. DWP also wrote to my consultant for a hospital report but the report was late being returned due to my consultant retiring and the DWP gave its decision before the report was returned to them. They said I still only satisfied the low care amount.
I am now going to tribunal, I have a copy of the hospital report from the consultant which they now have (they got that within the 30 day limit for new evidence to be sent to the tribunal) and it gave good support regarding mobility and care. I have been having physio for three months and requested a letter from them just saying how long I had been going, why I was referred and what they found upon examination. They have said by law they cannot provide such a letter and I must request copies of my full medical notes, which it will take 40 days to supply.
Does anyone know if this is correct about them not being able to give me a letter and will the tribunal have to consider the contents of the favourable report from my consultant as further evidence?, seeing the DWP requested it.
I have been receiving high mobility and mid care DLA for 12 yrs but it was reduced to just low care when it came up for renewal due to an unhelpful report from my GP. I appealed and after discussing with my GP what a problem the report had caused, he did give me a letter to support my appeal. DWP also wrote to my consultant for a hospital report but the report was late being returned due to my consultant retiring and the DWP gave its decision before the report was returned to them. They said I still only satisfied the low care amount.
I am now going to tribunal, I have a copy of the hospital report from the consultant which they now have (they got that within the 30 day limit for new evidence to be sent to the tribunal) and it gave good support regarding mobility and care. I have been having physio for three months and requested a letter from them just saying how long I had been going, why I was referred and what they found upon examination. They have said by law they cannot provide such a letter and I must request copies of my full medical notes, which it will take 40 days to supply.
Does anyone know if this is correct about them not being able to give me a letter and will the tribunal have to consider the contents of the favourable report from my consultant as further evidence?, seeing the DWP requested it.
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13 years 3 months ago #42850 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA tribunal info question
Sheils
I am reasonably certain that there is no law preventing your Physio from writing a report, many doctors and nurses seem to assume. that because they are legally required to reply to a DWP request, the opposite rule applies to patients. That said, they are entitled to refuse.
I'm assuming that the physio is part of a "hospital" rather than a GP practice, so the process may be different, but for the latter, you can usually photo copy your file yourself, although you will pay for the copies (10p/sheet ?).
The Tribunal should consider any evidence you present, providing it is relevant to when the decision you are appealing was made.
Hope this helps.
Gordon
I am reasonably certain that there is no law preventing your Physio from writing a report, many doctors and nurses seem to assume. that because they are legally required to reply to a DWP request, the opposite rule applies to patients. That said, they are entitled to refuse.
I'm assuming that the physio is part of a "hospital" rather than a GP practice, so the process may be different, but for the latter, you can usually photo copy your file yourself, although you will pay for the copies (10p/sheet ?).
The Tribunal should consider any evidence you present, providing it is relevant to when the decision you are appealing was made.
Hope this helps.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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