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Complaint about case handling
- Stilje
- Topic Author
12 years 6 months ago - 12 years 6 months ago #88879 by Stilje
Complaint about case handling was created by Stilje
Hi,
I recently completed my second DLA application in 12 months since developing a back condition in May 2011 which was turned down despite using your excellent guide and providing plenty of examples of what I can and can not do and why I can or can not do them on extra sheets of A4 paper clearly marked with corresponding question numbers and my name and NI number.
Having read the decision letter it is clear that they have either not read or have ignored these examples so using your appeals guidance I appealed and asked for all evidence used, what I was considered for and why I was turned down, any correspondence/emails etc.
I received another letter confirming my appeal which contained some additional reasons although they were basically the first set of reasons reworded and still my examples had not been taken into consideration. None of the other additional information that I requested had been supplied.
A few days after filing the appeal and receiving the above letter I received a call from someone at DWP who asked the following questions.
• Am I seeing a physiotherapist?
• Am I seeing anyone else for my condition?
• Am I currently working?
• Am I currently driving?
They then advised that they would be contacting my GP for further information.
I contacted my GP to advise him of this and he has told me that he has not been contacted at all by the DWP at all in regards to my condition!
During the initial 8 weeks while they were making their decision, I received a letter apologising for the delay because they were waiting for a report from my GP. I also received a similar letter a few weeks later saying the same about my consultant.
I feel incredibly frustrated and upset by the fact that they sent their original decision letter at 7 weeks and 6 days (1 day short of the 8 weeks!), they have ignored information that I supplied and [phrase removed] to me in writing regarding waiting for a medical reports when they have not contacted my GP or consultant!
Can/should I file a complaint or wait to see the outcome of the appeal and bring this up if it goes to tribunal?
Thanks in advance and also many thanks for the excellent help provided by this site!
I recently completed my second DLA application in 12 months since developing a back condition in May 2011 which was turned down despite using your excellent guide and providing plenty of examples of what I can and can not do and why I can or can not do them on extra sheets of A4 paper clearly marked with corresponding question numbers and my name and NI number.
Having read the decision letter it is clear that they have either not read or have ignored these examples so using your appeals guidance I appealed and asked for all evidence used, what I was considered for and why I was turned down, any correspondence/emails etc.
I received another letter confirming my appeal which contained some additional reasons although they were basically the first set of reasons reworded and still my examples had not been taken into consideration. None of the other additional information that I requested had been supplied.
A few days after filing the appeal and receiving the above letter I received a call from someone at DWP who asked the following questions.
• Am I seeing a physiotherapist?
• Am I seeing anyone else for my condition?
• Am I currently working?
• Am I currently driving?
They then advised that they would be contacting my GP for further information.
I contacted my GP to advise him of this and he has told me that he has not been contacted at all by the DWP at all in regards to my condition!
During the initial 8 weeks while they were making their decision, I received a letter apologising for the delay because they were waiting for a report from my GP. I also received a similar letter a few weeks later saying the same about my consultant.
I feel incredibly frustrated and upset by the fact that they sent their original decision letter at 7 weeks and 6 days (1 day short of the 8 weeks!), they have ignored information that I supplied and [phrase removed] to me in writing regarding waiting for a medical reports when they have not contacted my GP or consultant!
Can/should I file a complaint or wait to see the outcome of the appeal and bring this up if it goes to tribunal?
Thanks in advance and also many thanks for the excellent help provided by this site!
Last edit: 12 years 6 months ago by Gordon. Reason: phrase removed due to forum rules
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12 years 6 months ago #88882 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Complaint about case handling
Stilje
With regard the information the DWP used to make a Decision on your claim, you can always raise a Subject Access Request for this information, there is a guide on the following link
www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info
Whilst there is no definitive list of documents for DLA, the following FAQ lists what they may have
DLA Medical – What forms to ask for?
If the DWP have said they are writing to your GP and/or consultant, then this would be their intention. If your GP has not received any request for a report, then I would suggest you contact the DPW office dealing with you claim to let them know.
If you believe the DWP have mis-managed your claim then you can make a complaint, see
Complaining to the DWP
Gordon
With regard the information the DWP used to make a Decision on your claim, you can always raise a Subject Access Request for this information, there is a guide on the following link
www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info
Whilst there is no definitive list of documents for DLA, the following FAQ lists what they may have
DLA Medical – What forms to ask for?
If the DWP have said they are writing to your GP and/or consultant, then this would be their intention. If your GP has not received any request for a report, then I would suggest you contact the DPW office dealing with you claim to let them know.
If you believe the DWP have mis-managed your claim then you can make a complaint, see
Complaining to the DWP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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