DLA QUESTION

Mel

You will have to forgive me we have two members posting with similar, if not identical names, and I am struggling to pull up a history of your posts.

I am not aware of seeing a "walking" test ever discussed on the forum, so unless another member has had one, or Jim cares to comment I am not sure we can help you.

A DLA medical typically includes a test of the claimants ability to walk, but the process can be flawed as it is often out of context to the situations where the claimant has problems.

DLA panels are used to separating how the claimant is from how they were as it is not unusual for them to order a new medical be performed.

The law is clear that a Decision must be based on how the claimant was, or is believed to have been at the time of the Decision being appealed, if your rotator cuff injury was mentioned as a reason for making an award then I believe it would open the award to challenge by the DWP.

I am not sure whether you are in receipt of a DLA award at the moment

If you are then you can notify the DWP of a Change of Circumstances, however, your deterioration must have existed for 3 months and be expected to persist for a further six months.

If you are not then you cannot request a Change of Circumstances, only make a new claim.

In either case you need to be aware that both of these options will result in a new Decision, which will limit any award made by the Tribunal so you need to factor to this into any decision you might make.

Also, if you are in an area subject to PIP transfers, then a CoC may result in a transfer to PIP and a new claim will only allowed for PIP.

Gordon

Mel B wrote: Hi Gordon

Over here on the IOM there is no PIP as yet.

I was in receipt of Low day care but it was removed at reconsideration.

If the panel asks for a new medical as my rep seems to think and as my rotator cuff happened after my claim then I really should not refer to it.

My cuff injury was not mentioned on the original claim in May 13 as my ccident was in July.

I presume also this new medical will have to be with a new doctor.

To the contrary you should mention your injury, if you do not and it comes to light a the hearing then the new medical report and possibly your own submission will be undermined, as you will be presenting yourself as having a certain level of disability where in fact some this is the result of the Rotator Cuff.

Gordon

Mel B wrote: Sorry for being thick so if I mention my cuff at a new medical with a new doctor which was requested by an appeal tribunal it will not be classed as a new claim? as I have not filled in a new claim form am I right or wrong. Im as you can see a bit confused.

A new claim can only be initiated by you contacting the DWP and initiating one.

If you do not mention the injury during the medical and it becomes known during the hearing then the panel will have no way of distinguishing your condition as it was without the injury and how it is with, effectively invalidating the report, further, they may decide that this was a deliberate attempt to mislead the panel and throw your claim out with no further discussion.

Gordon