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DLA: The saga continues................
- chubbster
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12 years 2 months ago - 12 years 2 months ago #82121 by chubbster
DLA: The saga continues................ was created by chubbster
I received a letter today from the DWP stating that "I have failed to comply with a reasonable departmental request to attend a medical examination" and that they will be stopping my DLA claim with immediate effect.
I had to cancel two medicals and Atos cancelled a third as their examining doctor was on sick leave. The first one was as I was due to being my 40th the day before and the second was when I had to go to hospital for a regular 4 weekly appointment for treatment concerning the MS. I have explained in a letter about all this but I am getting increasingly concerned that I will lose DLA as a result of missing these medicals
They have received 2 reports one for my MS neuoro confirming my mobility needs and not my care needs as he rightly didn't know. My MS nurses who carry out the infusion wrote a report corroborating the MS neuro and informing them of my care needs. THe Dm dealing with my claim actually said to me that they contradict each. Surely the evidence from the HCP that I see more regularly is going to be the MS nurses and not the MS neuro as I only see him twice yearly.
My wole mind is spinning as they sent me a letter in December confirming that I had been awarded HRMC and MRCC indefinitely and then the letter for the medical drops on my doormat and then hell breaks loose.
IS there anything that I can do about this. I definitely going to be making a written complaint to DLA customer services at the whle situation and I will be seeing my MP next week about this situation. Do you guys have any ideas on anything else that I can do?
Andy
I had to cancel two medicals and Atos cancelled a third as their examining doctor was on sick leave. The first one was as I was due to being my 40th the day before and the second was when I had to go to hospital for a regular 4 weekly appointment for treatment concerning the MS. I have explained in a letter about all this but I am getting increasingly concerned that I will lose DLA as a result of missing these medicals
They have received 2 reports one for my MS neuoro confirming my mobility needs and not my care needs as he rightly didn't know. My MS nurses who carry out the infusion wrote a report corroborating the MS neuro and informing them of my care needs. THe Dm dealing with my claim actually said to me that they contradict each. Surely the evidence from the HCP that I see more regularly is going to be the MS nurses and not the MS neuro as I only see him twice yearly.
My wole mind is spinning as they sent me a letter in December confirming that I had been awarded HRMC and MRCC indefinitely and then the letter for the medical drops on my doormat and then hell breaks loose.
IS there anything that I can do about this. I definitely going to be making a written complaint to DLA customer services at the whle situation and I will be seeing my MP next week about this situation. Do you guys have any ideas on anything else that I can do?
Andy
Last edit: 12 years 2 months ago by Gordon.
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12 years 2 months ago #82125 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA: The saga continues................
Andy
I'm not sure that we can offer much advice
The DWP operate a two strikes policy with regard to medicals. Good cause is usually along the lines that you were not in the country, you were ill on the day of the medical, or that your condition would reasonably prevent attendance.
It would seem that your reasons for missing the medical(s) have not been accepted, this is an appealable Decision, should you wish to pursue this you need to submit a GL24 Appeal form.
It sounds as if, in part, the medical has been required due to the discrepancy in your medical reports. Unfortunately DM's are entitled to assign whatever weight they choose to evidence. I'm speculating, but perhaps they are assigning more weight to the MS neuro report which is then balanced by the frequency of your seeing MS nurses.
It may be a Red Herring but have the DWP explained the December Decision letter?
Until you resolve the issues surrounding the medical it is difficult to see how you can progress this claim, so you may wish to consider making a new claim for DLA, this can run in parallel to any appeal you might make on your current claim, although it will limit any Decision that might be made.
Gordon
I'm not sure that we can offer much advice
The DWP operate a two strikes policy with regard to medicals. Good cause is usually along the lines that you were not in the country, you were ill on the day of the medical, or that your condition would reasonably prevent attendance.
It would seem that your reasons for missing the medical(s) have not been accepted, this is an appealable Decision, should you wish to pursue this you need to submit a GL24 Appeal form.
It sounds as if, in part, the medical has been required due to the discrepancy in your medical reports. Unfortunately DM's are entitled to assign whatever weight they choose to evidence. I'm speculating, but perhaps they are assigning more weight to the MS neuro report which is then balanced by the frequency of your seeing MS nurses.
It may be a Red Herring but have the DWP explained the December Decision letter?
Until you resolve the issues surrounding the medical it is difficult to see how you can progress this claim, so you may wish to consider making a new claim for DLA, this can run in parallel to any appeal you might make on your current claim, although it will limit any Decision that might be made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 2 months ago #82128 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:DLA: The saga continues................
Andy Grantham wrote:
Hi Andy,
I agree with what Gordon has posted. However, we need to know specifically why
you cancelled your two medicals, if it was specifically for health reasons then that should be taken into consideration. The cancelled medical by Atos can be ruled out, since they cancelled that due to their staff's sickness.
Was the letter you received in the last few day an actual Decision Maker's letter, stating what you wrote above or was it just a warning letter. If it's the latter, then I'd advise you ring ASAP the DLA Unit in Blackpool on 08457 123456 and ask to speak to the Decision Maker dealing with your claim. If it's the former you can appeal but before the appeal is sent to the Tribunal's Service to action, it is automatically 'reconsidered' first. Bearing in mind you have MS, and in December 2011, you were awarded HRM & MRC, I think your chances of a successful reconsideration are good.
There is also nothing to prevent you from putting in a new claim immediately if indeed your award has been terminated by a Decision Maker with an official decision.
As you're aware, the forum is closed over the weekend and doesn't reopen until 2.00pm on Monday 27 February. I also have MS amongst other things and I was at hospital most of yesterday, which is why I'm replying out of hours because I think you've had a raw deal.
I can't think of anything else that you can do, but we have a moderator, Crazydiamond who is a former Adjudication Officer for the old DHSS and DSS (now of course called Decision Makers for the DWP.
Perhaps he may look in over the weekend, if not then when we're officially open on Monday. I'll e-mail him now and ask he if will take a look at this thread to see if we've given the best advice possible.
In the meantime, see this case law on failure to attend a medical. They are decisions for IB, but in my opinion, apply equally to DLA.
R(IB)1/01 (CIB/111/98) states that a claimant cannot “fail to attend” a medical if it has been cancelled. In R(IB)2/01 (formerly CIB/4118/98) it was held that the decision maker must provide evidence that a request to attend a medical was sent to the correct address in cases where this has not been received. If the claimant’s appeal is unsuccessful the decision maker should consider whether the appeal letter can be treated as a new claim.
CIB/1381/2003 discusses the legislation governing the requirement to send documents and the issue of good cause for failure to attend as well as the meaning of the word "send" or "sent" which in some interpretations can mean dispatched or delivered. It also cites R(IB)2/01, CSIB/611/1998, CJSA/3523/2002 and R(CS)1/99. See also CIB/927/2009.
CSIB/721/2004, citing CIB/4512/2002, states that a notification has not been sent if it was not delivered. As a result questions of good cause for non attendance are not reached in the case of non-receipt of a notification.
CIB/2221/2005 acknowledges that medicals may be arranged at short notice. however, it notes that this does not absolve the DWP of the requirement under regulation 8(3) of Social Security (Incapacity for Work) (General) Regulations 1995 to give at least 7 days notice before hand unless the claimant agreed to accept a shorter period of notice.
Kind regards and good luck.
Jim
I received a letter today from the DWP stating that "I have failed to comply with a reasonable departmental request to attend a medical examination" and that they will be stopping my DLA claim with immediate effect.
I had to cancel two medicals and Atos cancelled a third as their examining doctor was on sick leave. The first one was as I was due to being my 40th the day before and the second was when I had to go to hospital for a regular 4 weekly appointment for treatment concerning the MS. I have explained in a letter about all this but I am getting increasingly concerned that I will lose DLA as a result of missing these medicals
They have received 2 reports one for my MS neuoro confirming my mobility needs and not my care needs as he rightly didn't know. My MS nurses who carry out the infusion wrote a report corroborating the MS neuro and informing them of my care needs. THe Dm dealing with my claim actually said to me that they contradict each. Surely the evidence from the HCP that I see more regularly is going to be the MS nurses and not the MS neuro as I only see him twice yearly.
My wole mind is spinning as they sent me a letter in December confirming that I had been awarded HRMC and MRCC indefinitely and then the letter for the medical drops on my doormat and then hell breaks loose.
IS there anything that I can do about this. I definitely going to be making a written complaint to DLA customer services at the whle situation and I will be seeing my MP next week about this situation. Do you guys have any ideas on anything else that I can do?
Andy
Hi Andy,
I agree with what Gordon has posted. However, we need to know specifically why
you cancelled your two medicals, if it was specifically for health reasons then that should be taken into consideration. The cancelled medical by Atos can be ruled out, since they cancelled that due to their staff's sickness.
Was the letter you received in the last few day an actual Decision Maker's letter, stating what you wrote above or was it just a warning letter. If it's the latter, then I'd advise you ring ASAP the DLA Unit in Blackpool on 08457 123456 and ask to speak to the Decision Maker dealing with your claim. If it's the former you can appeal but before the appeal is sent to the Tribunal's Service to action, it is automatically 'reconsidered' first. Bearing in mind you have MS, and in December 2011, you were awarded HRM & MRC, I think your chances of a successful reconsideration are good.
There is also nothing to prevent you from putting in a new claim immediately if indeed your award has been terminated by a Decision Maker with an official decision.
As you're aware, the forum is closed over the weekend and doesn't reopen until 2.00pm on Monday 27 February. I also have MS amongst other things and I was at hospital most of yesterday, which is why I'm replying out of hours because I think you've had a raw deal.
I can't think of anything else that you can do, but we have a moderator, Crazydiamond who is a former Adjudication Officer for the old DHSS and DSS (now of course called Decision Makers for the DWP.
Perhaps he may look in over the weekend, if not then when we're officially open on Monday. I'll e-mail him now and ask he if will take a look at this thread to see if we've given the best advice possible.
In the meantime, see this case law on failure to attend a medical. They are decisions for IB, but in my opinion, apply equally to DLA.
R(IB)1/01 (CIB/111/98) states that a claimant cannot “fail to attend” a medical if it has been cancelled. In R(IB)2/01 (formerly CIB/4118/98) it was held that the decision maker must provide evidence that a request to attend a medical was sent to the correct address in cases where this has not been received. If the claimant’s appeal is unsuccessful the decision maker should consider whether the appeal letter can be treated as a new claim.
CIB/1381/2003 discusses the legislation governing the requirement to send documents and the issue of good cause for failure to attend as well as the meaning of the word "send" or "sent" which in some interpretations can mean dispatched or delivered. It also cites R(IB)2/01, CSIB/611/1998, CJSA/3523/2002 and R(CS)1/99. See also CIB/927/2009.
CSIB/721/2004, citing CIB/4512/2002, states that a notification has not been sent if it was not delivered. As a result questions of good cause for non attendance are not reached in the case of non-receipt of a notification.
CIB/2221/2005 acknowledges that medicals may be arranged at short notice. however, it notes that this does not absolve the DWP of the requirement under regulation 8(3) of Social Security (Incapacity for Work) (General) Regulations 1995 to give at least 7 days notice before hand unless the claimant agreed to accept a shorter period of notice.
Kind regards and good luck.
Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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