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erroneous report
- micksville
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5 days 7 hours ago #301876 by micksville
erroneous report was created by micksville
In anticipation of upcoming changes and reviews I requested and received some medical reports from late last year by MSK team and a Community Physio team who had visited me. The former was fine but the latter, though it mostly reflects my condition and the difficulties I had reported to the team, one area says I can dress independently, with some difficulty and use of aids. I can't and told them so. I did have aids which for various reasons I cannot use any longer. I have requested the person concerned re visits this as what they report is not what I related to them and does not reflect my difficulties. This could greatly impact my PIP award under proposed new rules in 26/7. Do I have a right to have this report looked at again and amended, assuming they accept my explanations of course, as it could cause me great difficulties.
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4 days 5 hours ago #301982 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic erroneous report
Hi Micksville
I'm sorry to hear what has happened. Yes, you have the right to ask for the report to be amended, and hopefully the person will do so.
BIS
I'm sorry to hear what has happened. Yes, you have the right to ask for the report to be amended, and hopefully the person will do so.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 hours 43 minutes ago #302160 by micksville
Replied by micksville on topic erroneous report
Thanks
I am trying to get the person in question to revisit this but she's off on leave currently but this info is from last summer and only realised the discharge report contained this last week when I finally obtained the report via SAR
there are missing mentions of at least 2 of my formal diagnoses despite them being on my medical records and as stated, this opinion on my ability to dress bears no resemblance to what I related to the person nor can it have been via informal observations as I wasn't asked to get out of my wheelchair and demonstrate anything I can or cannot do.
If i can't get this edited or can't get a second opinion from another physio/occ therapist in their dept do I have to inform PIP as a change of circs or would it just be up to PIP to make a decision when I come up for review, as the reality is that my condition hasn't improved and all the other health professionals I've ever had involved have opined different than this particular person on this issue. I don't really fear an early review as my condition remains as at last assessment but I don't want to break the law either. Any advice on whether this needs to be reported as a coc would be appreciated
I am trying to get the person in question to revisit this but she's off on leave currently but this info is from last summer and only realised the discharge report contained this last week when I finally obtained the report via SAR
there are missing mentions of at least 2 of my formal diagnoses despite them being on my medical records and as stated, this opinion on my ability to dress bears no resemblance to what I related to the person nor can it have been via informal observations as I wasn't asked to get out of my wheelchair and demonstrate anything I can or cannot do.
If i can't get this edited or can't get a second opinion from another physio/occ therapist in their dept do I have to inform PIP as a change of circs or would it just be up to PIP to make a decision when I come up for review, as the reality is that my condition hasn't improved and all the other health professionals I've ever had involved have opined different than this particular person on this issue. I don't really fear an early review as my condition remains as at last assessment but I don't want to break the law either. Any advice on whether this needs to be reported as a coc would be appreciated
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7 hours 32 minutes ago #302168 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic erroneous report
Hi micksville
With the report being so old, I think you may struggle to get it amended. They may be willing to write you an additional note, but you may have difficulties even with that. In my experience, medical professionals are generally unwilling to amend records, and as you have been discharged, there is no incentive for them to write something different.
If your condition has deteriorated, it's up to you to decide whether you want to inform the DWP via a change of circumstances. If you do so, it will trigger an earlier review. The DWP always says that claimants should inform them of any changes, but in reality, plenty of people don't because they don't trust the system and just wait to announce any changes at the next review, especially if they already have an enhanced award. It depends on your circumstances and what you want to do.
As far as the report goes - it's up to you whether you actually send a copy of it to the DWP. If there is information that can potentially harm your claim we always advise not to include it. If you decide to include it and you haven't got it updated then you point out that it is full of inaccuracies.
BIS
With the report being so old, I think you may struggle to get it amended. They may be willing to write you an additional note, but you may have difficulties even with that. In my experience, medical professionals are generally unwilling to amend records, and as you have been discharged, there is no incentive for them to write something different.
If your condition has deteriorated, it's up to you to decide whether you want to inform the DWP via a change of circumstances. If you do so, it will trigger an earlier review. The DWP always says that claimants should inform them of any changes, but in reality, plenty of people don't because they don't trust the system and just wait to announce any changes at the next review, especially if they already have an enhanced award. It depends on your circumstances and what you want to do.
As far as the report goes - it's up to you whether you actually send a copy of it to the DWP. If there is information that can potentially harm your claim we always advise not to include it. If you decide to include it and you haven't got it updated then you point out that it is full of inaccuracies.
BIS
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7 hours 2 minutes ago #302175 by micksville
Replied by micksville on topic erroneous report
sorry BIS Just posted new topic on this but you now answered some of it. Difficulty is that if the report were taken at face value my enhanced mobility won't be affected but Enhanced DL might drop to standard. So as it would lead to a decreased award I am concerned it might get me into trouble at a later date if I don't report it. In reality my circs haven't changed but I am afraid I might be overpaid if they decide at next review ( not for some years yet) that I should have had the lower rate for DL
Also I am due ESA review this year but reach pension age in a few months so whether I'll get one or not I don't know Havent had one for years. In SG. Although evidence in this report not relevant to ESA I wonder if it might come up so unsure what to do.
If I do report coc and they say report suggests I might be getting higher award than I should for DL would my payments stop whilst review is underway? I am told there's a 10 month backlog
Also I am due ESA review this year but reach pension age in a few months so whether I'll get one or not I don't know Havent had one for years. In SG. Although evidence in this report not relevant to ESA I wonder if it might come up so unsure what to do.
If I do report coc and they say report suggests I might be getting higher award than I should for DL would my payments stop whilst review is underway? I am told there's a 10 month backlog
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2 hours 50 minutes ago #302191 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic erroneous report
Hi micksville
You do not normally get a review if you are within 6 months of state pension age.
Unless your condition has got better then we would advise you to do nothing, three months before your birthday you will get a letter from the pension service inviting you to apply for your state pension, at the same time you can apply for pension credit providing you qualify. Seek advice from your local Welfare Rights Organisation.
Gary
You do not normally get a review if you are within 6 months of state pension age.
Unless your condition has got better then we would advise you to do nothing, three months before your birthday you will get a letter from the pension service inviting you to apply for your state pension, at the same time you can apply for pension credit providing you qualify. Seek advice from your local Welfare Rights Organisation.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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