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Conflicting medical evidence according to DWP
- Gordon
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11 years 10 months ago #108524 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Conflicting medical evidence according to DWP
Jonathan
The fact that the ESA Decision was revised in your favour should be sufficient to show that report was deficient you can also argue, and it will depend on the content, as to whether the report was relevant to a DLA claim in the first place, have a look at the following for more information.
www.cpag.org.uk/content/never-twain-shal...-dla-decision-making
Gordon
The fact that the ESA Decision was revised in your favour should be sufficient to show that report was deficient you can also argue, and it will depend on the content, as to whether the report was relevant to a DLA claim in the first place, have a look at the following for more information.
www.cpag.org.uk/content/never-twain-shal...-dla-decision-making
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jonathan
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11 years 10 months ago - 11 years 10 months ago #108526 by Jonathan
Replied by Jonathan on topic Conflicting medical evidence according to DWP
Thank you for your advice and the link Gordon. From that website, it seems CDLA/2998/2003 applies because the ESA85 was indeed disputed and ruled as being inaccurate, yet the DWP did not mention that in the DLA claim or material sent to the tribunal. I will make sure they are aware.
As a secondary point, I was flabbergasted by the comments made by the person I spoke to on the phone today (details of which I mentioned in my previous post about painkillers etc). Do you think I should contact my MP about what was said? I am still quite angry about it.
Thanks.
As a secondary point, I was flabbergasted by the comments made by the person I spoke to on the phone today (details of which I mentioned in my previous post about painkillers etc). Do you think I should contact my MP about what was said? I am still quite angry about it.
Thanks.
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago #108528 by Gordon
If you have the details of who you spoke to and the exact time, then it may be worth contacting your MP, the DLA hotline is usually better than the ESA one, which would not be difficult, but the bottom line is that there are good and bad and members staff, ones that know what they are talking about and those that think they do, it is possible that the person you spoke to genuinely thought they were trying to help you.
Contacting your MP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Conflicting medical evidence according to DWP
Jonathan wrote: Thank you for your advice and the link Gordon. From that website, it seems CDLA/2998/2003 applies because the ESA85 was indeed disputed and ruled as being inaccurate, yet the DWP did not mention that in the DLA claim or material sent to the tribunal. I will make sure they are aware.
As a secondary point, I was flabbergasted by the comments made by the person I spoke to on the phone today (details of which I mentioned in my previous post about painkillers etc). Do you think I should contact my MP about what was said? I am still quite angry about it.
Thanks.
If you have the details of who you spoke to and the exact time, then it may be worth contacting your MP, the DLA hotline is usually better than the ESA one, which would not be difficult, but the bottom line is that there are good and bad and members staff, ones that know what they are talking about and those that think they do, it is possible that the person you spoke to genuinely thought they were trying to help you.
Contacting your MP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jonathan
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 10 months ago #108543 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Conflicting medical evidence according to DWP
I think we need to be clear on what is 'conflicting medical evidence' & 'harmful medical evidence' since there are wide differences in their meaning.
Jonathan, in my understanding of the issue was referring to 'harmful medical evidence'
A quick search with Google will explain the differences. as is explained in this search
Jonathan, in my understanding of the issue was referring to 'harmful medical evidence'
A quick search with Google will explain the differences. as is explained in this search
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
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- bro58
11 years 10 months ago - 11 years 10 months ago #108545 by bro58
Hi J,
I think the OP understands the difference.
As all of the medical evidence used, that he had access to, did not seem to include conflicting medical evidence, he was surmising whether other not any other medical evidence used was in fact classed as harmful medical evidence.
Therefore, he would not have had access to, or be aware of, the content of any such harmful medical evidence.
He seems to have sorted it out now, and it would appear that non of the medical evidence was classed as "harmful"
bro58
Replied by bro58 on topic Conflicting medical evidence according to DWP
Jim Allison wrote: I think we need to be clear on what is 'conflicting medical evidence' & 'harmful medical evidence' since there are wide differences in their meaning.
Jonathan, in my understanding of the issue was referring to 'harmful medical evidence'
A quick search with Google will explain the differences. as is explained in this search
Hi J,
I think the OP understands the difference.
As all of the medical evidence used, that he had access to, did not seem to include conflicting medical evidence, he was surmising whether other not any other medical evidence used was in fact classed as harmful medical evidence.
Therefore, he would not have had access to, or be aware of, the content of any such harmful medical evidence.
He seems to have sorted it out now, and it would appear that non of the medical evidence was classed as "harmful"
bro58
Last edit: 11 years 10 months ago by bro58.
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