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dla information they used for a decision

  • janet
  • Topic Author
14 years 7 months ago #19666 by janet
I have gone from hrm and mrc to nothing at all, i rang and asked for the information they used so i could appeal and also asked dial to help and they sent a letter as well asking for the information they used.

i recieved the copys a week later and they had used my form and a form filled in by a doctor who i rarely see from aug 2007 which was no help as he had not put any of my symptoms down ie breathlesness, fatigue he had wrote, no problems reported.

Then a week later i received another copy of the information again they had used my form and a doctors form again the same doctor i rarely see yet this one was from april 2010 and the question asking about details of the effects of disabling conditions he had just wrote 'can manage'
Although i rarely see this doctor he should know from my conditions what problems they cause.

I have kartagener syndrome which is rare and is a complete reversal of organs combined with primary cillia dyskensi which is simular to cystic fibrosis, also bronchictasis caused by the above and this causes my breatlesness also me/cfs caused by the above which cause many other problems ie fatigue and vertigo caused again by the above and stress incontinence caused by the chronic coughing and to top it all depression, all this is on record yet the doctor did not mention 3 of them, sorry, i could go on forever but what winds me up is that i was born with the kartagener but wasnt diagnosed until 30 thanks to non caring doctors but the damage was already done. My health problems will never go away and i will get worse as i get older, i feel like who ever has done my renewel has not heard of kartagener so does not understand the problems that come with it.

Im wondering which information did the dla use, which by the way neither would have helped me, or do they just put there hand in the file and pull out the first thing they see also i did say on my reclaim form i am slightly worse than before but need no extra help than what i am already getting thinking they would have my original claim form and the doctors notes who came out to see me as i could not get to see them, to read up on but this apparently is not so :S
dial are at the moment helping me with a letter which im still waiting for do i need to see my doctor as well
thankyou x
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14 years 7 months ago #19671 by Steve Donnison
Replied by Steve Donnison on topic Re:dla information they used for a decision
Hi Janet,

I think that if you have someone helping with your appeal then it's best to talk everything through with them rather than getting information from two places.

But seeing the GP who wrote the evidence the decision maker relied on - assuming they did actually see the most recent evidence before making their decison - is usually a good idea if that evidence was inaccurate.

In these circumstances it would be worth explaining to the GP why the evidence they gave was wrong and asking the GP to submit further, more accurate evidence.

It will then be up to the tribunal to decide which item of evidence they think is the most reliable.

If the GP will not submit further evidence, then you will simply have to explain to the tribunal why you don't think the GP's evidence can be relied upon.

But do talk this over with your adviser first.

Good luck,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • janet
  • Topic Author
14 years 7 months ago #19697 by janet
thankyou for your information
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