DLA CARE AND MOBILITY APPEAL PROCEDURE.

Hello Guys its me again MelB just need some advice please. I have managed to get a letter from my GP this was like pulling teeth but in the end I got it. It is adressed to whom it may concern about my medical issues and tells them in detail what conditions I have the symptoms and how they effect me. This could prove useful at a Tribunal as evidence.

It states on the form the statement should be read back to the claimant and then signed by the claimant. This didnt happen I was asked to sign before the walking test and after the test I went home. The rest of the form was compleated with me not being present.
I have asked for this document and now have a copy. What has this doctor done !!

To start with on the walking test he has written 100 yds limping the next 80 difficult and staggering. He has written in the report it took me 1.15 mins to do this .
If you use the maths formula time distance speed I was walking at 4.9090 mph thats jogging pace! The doctor wrote normal speed ha!

I used a rolling distance meter to measure the distance as I questioned 180 yds and the time it took me to walk this distance.
My wife timed me and it took me 2 mins, then I timed her she is a fast walker and she did it in exactly in 1.15mins thats normal.
I measured the distance with this machine and it is 135 yds not 180 yds !! My question is (a) He compleated this document after the tests without me present and did not read it back to me as it states he should !! (b) He esitmated the distance incorrectly and timed me incorrectly therefore the decision maker was using informtion which was wrong. Therefore I have the wrong care award !!

I have ask for a second decision and they are waiting for my evidence and doctors letter plus a detailed report on my daily care needs . Should I send them my doctors letter and my findings concerning the mistakes of the examination and all the other evidence or send them only my doctors letter and the statement of my care needs which they have asked for and see if they increase the care component. IF its not increased then Appeal and save the bombshell re the doctors errors for the submission on Appeal? My thoughts are if this goes to Appeal this medical report has no weight because of all the inconsistances so my doctors letter and my other evidence in case laws would sway the tribunal in my favor.? What do you think?? Many thanks in anticipation. Mel B

Ask yourself what you are trying to achieve by with-holding evidence until the tribunal. Your aim is to get this decision overturned at reconsideration and save yourself the stress caused by waiting months and then attending the tribunal. In order to do this, you should submit any and all evidence in your favour as soon as you can.

Thanks Mrs H

Yes, I think you are right it would be better than going to Tribunal. What do you think they will do with that information concerning the doctors grave errors in carrying out his duty correctly ? Mel B

Hi MB,

I agree with MHB, there is nothing to be gained by holding evidence back at the reconsideration stage.

If you have a read of :

"DLA mobility component - definitions
Unable or virtually unable to walk"

From 61276 onwards of The DLA DM Guide, it includes guidance on the "Walking Test" :

www.dwp.gov.uk/docs/dmgch61.pdf

bro58

Mel B wrote: Thanks Mrs H

Yes, I think you are right it would be better than going to Tribunal. What do you think they will do with that information concerning the doctors grave errors in carrying out his duty correctly ? Mel B

Hi MB,

It will certainly help to discredit the "Doctor's" report, however the important issue is to also go into detail of how and why you qualify.

There is a possibility that if The Doctor's report is totally discredited, that another assessment may be initiated.

bro58

Hi Bro

Cheers for that I am not sure if I have read that . I have read so many things I will take a look when we go off line.