DLA decision letter

I have just received my decision letter regarding my claim for DLA ( of which i didnt qualify for any of the DLA components). After reading the letter several times and after seeing my consultant I realised that the decision maker hadnt taken into account the report from my consultant. apparantly they only used the information that I supplied and the report from my G.P. I am now in a quandry as to whether to ask for a review or go to the appeals process and produce the report from my consultant providing that it is supportive of my condition. (chronic asthma and allergic aspergillosis)
any feedback would be most welcome.
thanks

ducker-d wrote:

I have just received my decision letter regarding my claim for DLA ( of which i didnt qualify for any of the DLA components). After reading the letter several times and after seeing my consultant I realised that the decision maker hadnt taken into account the report from my consultant. apparantly they only used the information that I supplied and the report from my G.P. I am now in a quandry as to whether to ask for a review or go to the appeals process and produce the report from my consultant providing that it is supportive of my condition. (chronic asthma and allergic aspergillosis)
any feedback would be most welcome.
thanks

Hi Ducker

Welcome to B&W. I was Sorry to hear this.

With DLA its the help you need from someone else and not necessarily your medical condition that leads to qualification.

If the Decison Maker (DM) failed to take into account the evidence you supplied showing you needed help from someone else, you should submit this by asking for a reconsideration.

You can ask for a reconsideration and appeal using form GL24 downloadable from B&W guides or the internet. If the decision is not changed it will be sent to Appeal Tribunal.

I would suggest you read through th B&W guides about claiming and appealing DLA and the link here -

How to submit an appeal

Please let us know if you have any further general questions.

Regards

Michael

Hi Michael, thanks for your reply, yeh i realise that DLA is based upon what help you need from others and not your medical condition. it is my first time on here and probably didnt think to hard about the question I put. but I am still of the opinion that the DWP should have taken my consultants report into consideration. also today I have requested a copy of my G.P.s report from my doctor and they flatly refused, can they do this ?

Thanks
Ducker

You are entitled to request a copy of your medical records (which will include this report) from your doctor under the data protection act. They can charge £10 for processing the request. See here for more info ICO

I think that they can only refuse if complying with the request would cause damage or harm.

If you spoke to a receptionist at the doctors try ringing and asking to speak to the practice manager, or at least someone in admin who should be familiar with the DPA.

Don't take it personally that the DWP appear to have ignored the info from your consultant. I am currently undergoing transfer from IB to ESA, and sent in medical inf (one from a Harley St Consultant) which said I can only walk up to 30 metres, and then not without stopping, and not repeatedly. [mod edit - sentence removed]

Hi Ducker

I imagine you are quoting from the decision letter, which states the evidence used? You could phone the DLA unit in Blackpool 08457 123456 & ask for a copy of the evidence used to be sent to you. Although recently they have been reticent over this request.

This should tell you the evidence used and as you feel they should have taken into account your consultants letter, there is no reason why you shouldn't inform them of this at the same time as well as saying you are considering appealing.

I believe the DM can chose which information to use and might have preferred your GP's.

The option open to you now are as previously asvised. If you appeal you will be sent a "bundle" with all the documents used in deciding your claim, which should include your GP's report.

If you wish to see a copy of the GP's report in any case, or prior to taking any further decision, you can ask the surgery to send it as mentioned in the above post. Some GP's charge automatically, others don't, but they are entitled to.

As you have recaeived no award, you really have nothing to lose by following this through. The B&W guides are specially written to help you with the process.

Please beware of the time limits that apply.

Regards

Michael

You may wish to have a look at the A-Z of Medical conditions, which the DM may have used and cross reference to care & mobilty considerations -

www.dwp.gov.uk/publications/specialist-g...edical-conditions/#a