× Members

Condition worsening while awaiting DLA decision

More
12 years 3 months ago #94176 by Allen
Hello

I have applied for DLA and got letter back dated 16 October saying that they have to write to my GP (despite sending piles of consultant's/hospital letters). Meanwhile my condition is getting worse, my medication has increased and have been put on additional new pills and also have been referred to see a neurologist by my GP yesterday as he thinks I am now going down the MS route. Can I write to DWP informing them of this or is it best to wait to receive their decision ans then go for an appeal?

Please Log in or Create an account to join the conversation.

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
  • Offline
More
12 years 3 months ago - 12 years 3 months ago #94178 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Condition worsening while awaiting DLA decision
It's quite normal for the DWP to contact GP's irrespective of what information you send.

These days, it's quite easy to diagnose MS with an MRI of the brain and spinal cord (Central Nervous System). No doubt the Neurologist will authorise this.

I was diagnosed with MS at 46 years of age way back in 1986. In those days there were no MRI scanners, only CT scanners and they don't show up the plaques in the CNS.

However, MS comes in many forms and is not a terminal illness, just a warning to slow down.
These days there are injections which if diagnosed early slow down MS progression.

I'll be 72 next month and still do voluntary welfare rights work.

You cannot appeal now as no decision has been reached on your claim. But you can do so if your DLA claim is turned down. You should tell the DWP that you're waiting to see a Neurologist. However, DLA is awarded not because you suffer from a certain illness, but based on any care and/or mobility needs you may have. Many with MS have few mobility or care needs in the early years, but certain types of MS, e.g. primary progressive can lead to both care and mobility needs within a short time.

If your DLA claim fails, then post again and I or one or more of the other moderators will assist you at that time.

Good luck :)

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
Last edit: 12 years 3 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added information.

Please Log in or Create an account to join the conversation.

More
12 years 3 months ago #94179 by Gordon
Allen wrote:

Hello

I have applied for DLA and got letter back dated 16 October saying that they have to write to my GP (despite sending piles of consultant's/hospital letters). Meanwhile my condition is getting worse, my medication has increased and have been put on additional new pills and also have been referred to see a neurologist by my GP yesterday as he thinks I am now going down the MS route. Can I write to DWP informing them of this or is it best to wait to receive their decision ans then go for an appeal?

I would inform the DWP of the change now, by waiting until you appeal (assuming you have to), you risk waiting anything upto a year for a hearing, and the possibility that your change in condition may be excluded, because the panel consider it to have occurred after a Decision on your claim was made, so that legally it can not be considered.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
  • Offline
More
12 years 3 months ago #94183 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Condition worsening while awaiting DLA decision
Hi Gordon,

From my understanding, it appears he hasn't had a decision yet on his claim for DLA, hence the wording of my post.

Regards.

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

Please Log in or Create an account to join the conversation.

  • bro58
12 years 3 months ago #94184 by bro58
Allen wrote:

Hello

I have applied for DLA and got letter back dated 16 October saying that they have to write to my GP (despite sending piles of consultant's/hospital letters). Meanwhile my condition is getting worse, my medication has increased and have been put on additional new pills and also have been referred to see a neurologist by my GP yesterday as he thinks I am now going down the MS route. Can I write to DWP informing them of this or is it best to wait to receive their decision ans then go for an appeal?


Hi A,

In my opinion, it is far better to update the DWP with regards to any new prescribed medication that you need to take, and of any resulting side effects. It will certainly do no harm to mention your G.P.'s referral Re : MS, even though it has not been diagnosed yet.

There is clearly no advantage in holding back with any information that may help your DLA claim, after all, you do not really want to have to appeal, and suffer the lengthy wait for a Tribunal hearing, or rely on an adverse decision being changed by reconsideration, if it is avoidable.

If the DWP are contacting your G.P. for further evidence, it will probably be in the form of a factual report, as can be seen from this link :

www.dwp.gov.uk/docs/medical-reports-completion.pdf

bro58

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.