DLA Appeal

I have just received my bundle from DWP in regards to my upcoming appeal against their decision to remove my DLA. Yet again they have included my previous claim forms in this bundle, in fact right back to 2005. I thought they were not meant to hold people's records for that length of time? Can they do this? In fact they have also included a erroneous medical report from 2005, which I have had to argue against at every claim/appeal as the person who completed the report was not present for a treadmill test in which they determined there were no problems with my walking. Had they been there they would have observed that after only about 60 secs I was heaving for breath and that it took me 10-15 minutes of extreme difficulty to get my breathing back under control. surely I can argue that even if it had been relevant at the time that it's now SIX years old!!!

Help

TW

TwistedWitch wrote:

I have just received my bundle from DWP in regards to my upcoming appeal against their decision to remove my DLA. Yet again they have included my previous claim forms in this bundle, in fact right back to 2005. I thought they were not meant to hold people's records for that length of time? Can they do this? In fact they have also included a erroneous medical report from 2005, which I have had to argue against at every claim/appeal as the person who completed the report was not present for a treadmill test in which they determined there were no problems with my walking. Had they been there they would have observed that after only about 60 secs I was heaving for breath and that it took me 10-15 minutes of extreme difficulty to get my breathing back under control. surely I can argue that even if it had been relevant at the time that it's now SIX years old!!!

Help

TW

Hi,

Yes the DWP can retain the documents, as yours would have been a live claim in payment until the point it was refused.

With regards to arguing about the documents used, yes that is your right at your appeal tribunal to demonstrate that the report is no longer accurate. If you can get an updated treadmill report which can demonstrate the previous report is no longer accurate, it should help your appeal.

Pete

Thank you for your prompt reply.

Sadly the treadmill test was looking for a heart condition, which I don't have, so there is no reason to repeat it. It was later determined that the reason for the breathlessness was that I have COPD. But based on that test, at which the Consultant was not present, he later determined in a report to the DWP that I had no difficulty with using pots or pans or using the oven!!! How on earth any of that was relevant to a treadmill test, and how he determined that it would not be a problem based on the results of that test I have no idea.

TW