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DLA have admitted they only used GP's report.
- lochlisa
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12 years 8 months ago #63918 by lochlisa
DLA have admitted they only used GP's report. was created by lochlisa
I have just had it confirmed in writing that when the DM made the decision about a DLA claim that they ONLY used the evidence from my GP and not my own submission, my carers submission or the submission from the Mental Health Team.
Surely this breaks their own rules?
I am furious with this as even using my GP's evidence the award should have been substantially different.
Lisa
Surely this breaks their own rules?
I am furious with this as even using my GP's evidence the award should have been substantially different.
Lisa
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- Gordon
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12 years 8 months ago #63922 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA have admitted they only used GP's report.
lochlisa wrote:
So if you can show that they did not review the other reports, this would suggest that they were at fault.
However, if there were discrepancies between the GP report and the others then they would decided which one was more reasonable in their view.
If you case has not passsed the Reconsideration stage, you can argue that more weight should be given to these reports, otherwise, I'm afraid this is something you are going to have to argue at your Tribunal.
Gordon
The Decision Maker should consider all evidence, but that does not mean that they have use all of the evidence in making a Decision.I have just had it confirmed in writing that when the DM made the decision about a DLA claim that they ONLY used the evidence from my GP and not my own submission, my carers submission or the submission from the Mental Health Team.
Surely this breaks their own rules?
I am furious with this as even using my GP's evidence the award should have been substantially different.
Lisa
So if you can show that they did not review the other reports, this would suggest that they were at fault.
However, if there were discrepancies between the GP report and the others then they would decided which one was more reasonable in their view.
If you case has not passsed the Reconsideration stage, you can argue that more weight should be given to these reports, otherwise, I'm afraid this is something you are going to have to argue at your Tribunal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Steve Donnison
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12 years 8 months ago #63923 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:DLA have admitted they only used GP's report.
Hi Lochlisa,
The decision maker should consider all the evidence when making a decision. You could ask for the decision to be looked at again or appeal, always bearing in mind that there is a risk that your award could be reduced or stopped if you do so.
Steve
The decision maker should consider all the evidence when making a decision. You could ask for the decision to be looked at again or appeal, always bearing in mind that there is a risk that your award could be reduced or stopped if you do so.
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- lochlisa
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12 years 8 months ago #63999 by lochlisa
Replied by lochlisa on topic Re:DLA have admitted they only used GP's report.
I have appealed. I spoke to a senior complaints officer yesterday who understood my frustration.
She advised that my appeal papers would be looked at within the next 11 weeks to see if a reconsideration can be done. She told me that the GP's report was a professional report and that is why it was relied upon. I argued that the GP does not actually live-in and care for me so why is the Carer's report ignored? She didn't know how to respond to that !
So, it's a waiting game again.
Lisa
She advised that my appeal papers would be looked at within the next 11 weeks to see if a reconsideration can be done. She told me that the GP's report was a professional report and that is why it was relied upon. I argued that the GP does not actually live-in and care for me so why is the Carer's report ignored? She didn't know how to respond to that !
So, it's a waiting game again.
Lisa
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- DRAGON2009
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12 years 8 months ago #64005 by DRAGON2009
Replied by DRAGON2009 on topic Re:DLA have admitted they only used GP's report.
This also shows its vitally important to keep your GP in the loop as regards your daily living difficulties
In politics I think its called being 'on message' GP examines, refers and treats, but that is not the same as knowing your specific living struggles, in so far as you havent disclosed them, or falling short of their being obvious, people need to spell it out, and in writinmg isnt a bad idea, to show it is in your records, and they had been told
In politics I think its called being 'on message' GP examines, refers and treats, but that is not the same as knowing your specific living struggles, in so far as you havent disclosed them, or falling short of their being obvious, people need to spell it out, and in writinmg isnt a bad idea, to show it is in your records, and they had been told
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