Conflicting medical information on GPFR.

Hi All, This is my first post so bear with me, I am trying to give the most relevant parts without going into to much detail and boring everyone.

About 6 months ago I obtained my data protection records from the DLA section of the DWP and noticed some strange anomalies that I am not happy about, I am listing just 2 here.

In 2007 I was awarded DLA mobility higher rate but no care component, I felt this was wrong and asked them to look at it again and was about to have a medical assessment when I discovered my cancer had returned so dropped the reconsideration because of the fore-coming cancer treatment, by the way the cancer was not the primary medical condition for DLA, it was cervical and lumbar spondylosis and arthritis in 4 other joints.

In 2009 I was awarded DLA higher rate and middle rate care but in fact my medical conditions have remained the same and my care needs had not changed between the 2 award periods, a member of my family helped me request the data protection records and we have discovered that the medical conditions on my claim form in 2007 were changed on the GPFR, they were diluted and trivialised by the decision maker, this action led to my GP missing a number of relevant hospital test results regarding my medical conditions and even quoting incorrect diagnoses dates, we have also noticed that after receiving the GPFR back from the GP in 2007 the decision maker then sent my papers to an approved disability analyst that stated they should conduct a medical assessment, now here is what I believe is a very interesting fact, after receiving the approved disability analyst report the decision maker ignored it and made the decision anyway. Obviously it was after receiving this decision that I asked them to look the decision again, and I provided them with a statement outlining the errors from the GP in the GPFR which they ignored, not knowing that the decision maker had requested medical advice from a medical professional and then completely ignore it.

For the last few months I have been going through the complaints procedure and recently got a letter from the Head of Group stating that they can look at the matter again in case there was an error of material fact or error in law, I have now received a letter stating that they think their original decision was right and that they used "information from your claim form" and A medical report they asked for (GPFR)". This letter does however state I can appeal if I think the decision is wrong. I would have thought that misinforming and misdirecting my GP of my medical conditions on the GPFR is an error in material fact, giving that the DWP states on the GPFR above the medical description box “Information from your patient’s claim shows that they have the following medical condition/disabilities” but of course the conditions they listed are not the ones I listed, on the same page of the GPFR the DWP requests GP’s only comment on the listed medical conditions therefore discouraging them from adding information. I would have thought that evidence of a decision maker ignoring the medical advise from a medical professional is an official error and I am thinking of making an appeal based on these 2 points, as well as continuing the complaint to the Chief Executive and the Independent Case Examiner.

I am sure I am not the first claimant that as had there medical conditions messed with by the DWP so I was hoping someone could give me advice and direct me to any other similar posts, cases, or points of law, it would appear to me that the decision making process as been infringed, and that the civil servants involved have been ignoring the civil service code and guidance in the DWP disability handbook.

Kind regards

James.

Sorry Gordon, I was trying to give as much detail to help anyone replying and it obviously had the opposite effect.

The 2007 award was for 2 years until 2009, and DLA was increased on making a fresh claim.

I believe that the documentary evidence obtained from the data protection records highlighted a number of official errors and errors in material fact before the 2007 decision was made.

What I am asking is, if the decision maker 2007 provided incorrect medical information to the GP on the GPFR, and because of this inaccurate information, the GP then made errors in material fact, then the decision maker ignored the advice to conduct a medical assessment from an approved disability analyst and made the 2007 decision, is this not evidence of errors in material facts and official errors that can still be appealed against?

Regards
James.