- Posts: 3
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- Medical professional and evidence question.
× Members
Medical professional and evidence question.
- Zilla
- Topic Author
- Offline
Less More
1 month 1 week ago #300283 by Zilla
Medical professional and evidence question. was created by Zilla
Hi there,
I have some medical evidence to support a child claim for DLA, the Dr has since retired which is a real shame. The Dr that has taken over has never seen my child and from how they treated me when I saw them, I am not hopeful they will be understanding or helpful.
What do DLA do to ask professionals for further evidence. Dot hey contact them and ask if what they wrote in their letter is still accurate and supply a copy to them? if so that may be helpful as I doubt the new Dr will bother looking for it.
Or do DLA send the medical professionals a form for them to fill out? that would not be ideal as they have never seen my child.
I am currently disputing the decision and am sending in an MR. They awarded LR mobility and MR care but I believe they should have done HR for both. They also gave that award based on no medical or further info from professionals. It looks like the evidence I sent afterward I submitted the claim form did not get to them either, so I am resending the evidence with the MR letter.
What is the usual process they do for professionals whilst doing an MR? is the evidence the claimant provides usually sufficient,
or will they need more that they seek like through medicals etc? I am just worried we could come off worse by challenging it.
I really haven't got the energy to keep fighting this, and we don't want to end up worse off, but equally I do not think they have made the right decision, and neither does CAB. I am hoping that once they actually see the medical evidence that did not arrive originally it will be ok, but I am worried I am just winding them up.
Thank you for any help and advice.
I have some medical evidence to support a child claim for DLA, the Dr has since retired which is a real shame. The Dr that has taken over has never seen my child and from how they treated me when I saw them, I am not hopeful they will be understanding or helpful.
What do DLA do to ask professionals for further evidence. Dot hey contact them and ask if what they wrote in their letter is still accurate and supply a copy to them? if so that may be helpful as I doubt the new Dr will bother looking for it.
Or do DLA send the medical professionals a form for them to fill out? that would not be ideal as they have never seen my child.
I am currently disputing the decision and am sending in an MR. They awarded LR mobility and MR care but I believe they should have done HR for both. They also gave that award based on no medical or further info from professionals. It looks like the evidence I sent afterward I submitted the claim form did not get to them either, so I am resending the evidence with the MR letter.
What is the usual process they do for professionals whilst doing an MR? is the evidence the claimant provides usually sufficient,
or will they need more that they seek like through medicals etc? I am just worried we could come off worse by challenging it.
I really haven't got the energy to keep fighting this, and we don't want to end up worse off, but equally I do not think they have made the right decision, and neither does CAB. I am hoping that once they actually see the medical evidence that did not arrive originally it will be ok, but I am worried I am just winding them up.
Thank you for any help and advice.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8909
1 month 1 week ago #300316 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Medical professional and evidence question.
Hi Zilla
I'm sorry that you find yourself in this position. In truth, it is difficult for me to reassure you about the process because decisions are made on an individual basis, depending on whether the assessors and or DWP decide they have enough information from the claimant. Usually, they contact the professionals at the beginning of the process rather than at the MR stage - but it's not a given. Although many people think the DWP contacts GPs and other professionals on a routine basis - they honestly don't contact the majority of them - it's just not possible - so it may be they will never contact the child's GP.
You are submitting evidence at the MR stage - they are unlikely to ring your doctor to verify whatever you send in. Someone may think the information is a bit dated, but you can either send it in as it is - or say the evidence is from the person who knew the child best. A relative of mine always uses this second approach for their child - simply because the evidence she holds was from the best consultant in the country for a specific condition. The fact they have since retired makes no difference to the facts of her son's condition. No one at the DWP has ever dismissed it or asked her for more up-to-date information when going through a review. I'm not saying it will be the same for you - but I would submit the information you have from the person who knew the child. Whether you mention that the doctor has since retired is up to you.
Do not be concerned that you are winding the DWP up. You are not - and honestly, they haven't got time to think of such things. You are allowed to challenge their decision, and as long as you are not abusive to them, it isn't a problem. A lot of people do challenge, and hopefully, with the evidence you have, it will have a positive outcome.
BIS
I'm sorry that you find yourself in this position. In truth, it is difficult for me to reassure you about the process because decisions are made on an individual basis, depending on whether the assessors and or DWP decide they have enough information from the claimant. Usually, they contact the professionals at the beginning of the process rather than at the MR stage - but it's not a given. Although many people think the DWP contacts GPs and other professionals on a routine basis - they honestly don't contact the majority of them - it's just not possible - so it may be they will never contact the child's GP.
You are submitting evidence at the MR stage - they are unlikely to ring your doctor to verify whatever you send in. Someone may think the information is a bit dated, but you can either send it in as it is - or say the evidence is from the person who knew the child best. A relative of mine always uses this second approach for their child - simply because the evidence she holds was from the best consultant in the country for a specific condition. The fact they have since retired makes no difference to the facts of her son's condition. No one at the DWP has ever dismissed it or asked her for more up-to-date information when going through a review. I'm not saying it will be the same for you - but I would submit the information you have from the person who knew the child. Whether you mention that the doctor has since retired is up to you.
Do not be concerned that you are winding the DWP up. You are not - and honestly, they haven't got time to think of such things. You are allowed to challenge their decision, and as long as you are not abusive to them, it isn't a problem. A lot of people do challenge, and hopefully, with the evidence you have, it will have a positive outcome.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Wendy Woo, Zilla
Please Log in or Create an account to join the conversation.
- Zilla
- Topic Author
- Offline
Less More
- Posts: 3
1 month 1 week ago #300340 by Zilla
Replied by Zilla on topic Medical professional and evidence question.
Hi BIS,
Thank you so much for your reply it was very helpful.
Some letters I have are a couple years old, but because of the nature of the conditions they are life long so although we get updates yearly i wanted to use the more comprehensive diagnosis letters instead of the quick update and referral letters we get.
Do you think there is any point challenging the award length? They have only awarded 2 years, seems very short award, especially after this MR process will be finished, will have to do it again in less than a year!
All the best,
Zilla
Thank you so much for your reply it was very helpful.
Some letters I have are a couple years old, but because of the nature of the conditions they are life long so although we get updates yearly i wanted to use the more comprehensive diagnosis letters instead of the quick update and referral letters we get.
Do you think there is any point challenging the award length? They have only awarded 2 years, seems very short award, especially after this MR process will be finished, will have to do it again in less than a year!
All the best,
Zilla
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8431
1 month 6 days ago #300374 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Medical professional and evidence question.
Hi Zilla
If you have a life long condition that will not improve then challenge the award length, especially if you have a support letter confirming the fact, refer to the letter to support your claim.
Gary
If you have a life long condition that will not improve then challenge the award length, especially if you have a support letter confirming the fact, refer to the letter to support your claim.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, Wendy Woo, Zilla
Please Log in or Create an account to join the conversation.
- Zilla
- Topic Author
- Offline
Less More
- Posts: 3
1 month 6 days ago #300382 by Zilla
Replied by Zilla on topic Medical professional and evidence question.
Hi Gary,
Thank you so much for your reply. my initial feeling was to challenge the award as well, but it just feels so much to take on, and I am really nervous, not in very good health myself.
I was reading some DWP manuals, the one they use to help guide them about medical conditions. It looks like even for life long conditions they either suggest the decision maker give 12 months or 2 years, sometimes up to age 16. I will challenge it but I am not holding my breath.
What sort of reasons should I use other than the fact they are life long conditions?
I don't know if they care about this but it is already almost a year since we applied. with a 2 year award and potentially more than 25 weeks for MR decision, there will only be 6 months or less before we need to have a review, and potentially got through it all again. Just seems so unreasonable and cruel.
Appreciate your help.
Thank you so much for your reply. my initial feeling was to challenge the award as well, but it just feels so much to take on, and I am really nervous, not in very good health myself.
I was reading some DWP manuals, the one they use to help guide them about medical conditions. It looks like even for life long conditions they either suggest the decision maker give 12 months or 2 years, sometimes up to age 16. I will challenge it but I am not holding my breath.
What sort of reasons should I use other than the fact they are life long conditions?
I don't know if they care about this but it is already almost a year since we applied. with a 2 year award and potentially more than 25 weeks for MR decision, there will only be 6 months or less before we need to have a review, and potentially got through it all again. Just seems so unreasonable and cruel.
Appreciate your help.
The following user(s) said Thank You: denby, Wendy Woo
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8909
1 month 5 days ago #300422 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Medical professional and evidence question.
Hi Zilla
You have nothing to lose by challenging the award. I know it's a lot, but all you need to do is confirm that you have lifelong conditions that are not going to improve. I would also give the explanation that you put in your last post about the fact it means you only get 6 months between award and receiving the next review form. This puts a huge amount of stress on claimants and feels like a rather cruel and unusual punishment for someone who has done nothing wrong!
BIS
You have nothing to lose by challenging the award. I know it's a lot, but all you need to do is confirm that you have lifelong conditions that are not going to improve. I would also give the explanation that you put in your last post about the fact it means you only get 6 months between award and receiving the next review form. This puts a huge amount of stress on claimants and feels like a rather cruel and unusual punishment for someone who has done nothing wrong!
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, Wendy Woo
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David
