DLA Tribunal

Hi

I've got an appeal lodged for DLA - it's going to tribunal (not likely to be heard before July).

When I got the paperwork through from the DWP, I discovered that the medical report was a sham. It was full of inaccurate and missing information and had been completed by a doctor that I've never met. I took it with me to my next hosp appointment, and was told to put my concerns in writing to my own consultant. I've done this and am awaiting a reply.

In the meantime I've contacted a specialist in America. He's an expert in this field and as this disease is very rare and we've been in touch for a number of years. He very kindly offered to review my medical records and has written a detailed report in support of my case. I intend to submit this to the tribunal prior to the case being heard and my own GP has also offered to write a report supporting my case. I'm just wondering whether my nhs consultant is obliged to review the medical report originally completed and if the tribunal will accept reports from my American Specialist and GP?

Any advice would be appreciated, my nerves are in shreds at the prospect of attending this tribunal.

Many thanks

It would the right thing to do to let your docvtor know what you are thinking of doing and might even be worth giving a copy of the report to your hospital doctirs and gp for the records

if you look at the form sent from the dhs to the hospital asking for information its got about 15 questions on and is not sent to the doctors treating you at the hospital it starts
"Dear medical records"

then says even if you are NOT treating this person please fill in the form even if they have just died !

the form has little room for detailed answers and the form asks in a way that yes or no will do them
form number DBD 391

Hi writingbug,

As far as I am aware, you can present whatever evidence you feel will be helpful to your claim to the tribunal.

There is nothing stopping you from supplying them with information from an expert, however the tribunal have the power to accept whatever evidence they prefer to put most weight on.

I would suggest to you, that if you feel strongly that the EMP report is inaccurate and unfit for purpose, it may be beneficial for you to address your concerns about the report with medical services (ATOS)

Kathy x

Hi Dave and Kathy

Dave - thank you for your reply, it does explain why the form has been completed badly, but I feel so strongly I have to challenge it. It's worrying when the forms from the hospital are completed in this manner. Sometimes I could scream with frustration, I've just spent the last hour and a half in agony, contemplated going to the hospital but decided I couldn't bear getting my daughter out of bed and seeing her looking worried. But apparently I'm fine according to the DWP! Sorry just ranting! My GP is aware of this specialist report from my American doctor, and I will be taking your advice and passing on a copy to him.

Kathy, thanks for your reply. I'm hoping that the tribunal will accept the additional reports. It's my hospital report I'm challenging, not an ATOS one. Although Ive also got a medical next Sunday for ESA medical. Dreading that too. Heard so many reports about them being horrendous. I'm praying I don't have to fight for continuation of ESA too.

writingbug78 wrote:

Hi

I've got an appeal lodged for DLA - it's going to tribunal (not likely to be heard before July).

When I got the paperwork through from the DWP, I discovered that the medical report was a sham. It was full of inaccurate and missing information and had been completed by a doctor that I've never met. I took it with me to my next hosp appointment, and was told to put my concerns in writing to my own consultant. I've done this and am awaiting a reply.

In the meantime I've contacted a specialist in America. He's an expert in this field and as this disease is very rare and we've been in touch for a number of years. He very kindly offered to review my medical records and has written a detailed report in support of my case. I intend to submit this to the tribunal prior to the case being heard and my own GP has also offered to write a report supporting my case. I'm just wondering whether my nhs consultant is obliged to review the medical report originally completed and if the tribunal will accept reports from my American Specialist and GP?

Any advice would be appreciated, my nerves are in shreds at the prospect of attending this tribunal.

Many thanks

Hi,

Tribunals have wide powers on which evidence they accept and which they can reject. My husband was a former DLA Tribunal Member for over 10 years, and I attended most of the tribunals he sat on as his carer.

The tribunal will accept a report from your GP, and from an American doctor if he's an expert in the disease from which you suffer.

Good luck.

Pat

Thank you Pat, this is re-assuring. I'm praying it all goes well, acknowledgement of my condition is almost as important as a successful tribunal. Many thanks