Can I get my DLA backdated due to unprofessional GP?

allyJ321

OK, this is a bit drawn out, I'm afraid, but I need some good advice please.

In 1992 I was awarded DLA low care indefinitely due to arthritis & chronic fatigue. This was done when I lived on the Isle of Wight and was assisted by the then GP and hospital consultants. I have also been on long term incapacity since 1989. In 2005 I was diagnosed with COPD.

I moved to York in 2006.

I had surgery done in August 2007 and from that point was very unwell, severe migraines, visual problems, so went to GP. She arranged for me to see a neurologist and in January 2008 after an MRI was done, told me that I had a stroke. My GP told me I should contact DLA and let them know, albeit that the side effect was severe migraine and visual problems that were being tested. I did as I was told. This was March 2008.

In April 2008 I received a letter saying that I was not eligible to get DLA in any form. I was shocked, especially since I had been getting it since 1992.

I rang them and requested a reappraisal, the first hint of what the problem was came to light at that point....the GP had noted I was going to the Far east. I was confused by that but still asked for the decision to be looked at again.

Letter arrived a couple weeks later, no change, not eligible.

Requested an oral appeal hearing...and waited....and waited.

November 2008 appeal hearing, they pretty much brushed aside everything I said as they had read on the form from the GP 'this patient is swanning around the Far East' - they decided that if I was able to go on holiday, I did not need the benefit!!

Yes, I did go on holiday...it was a cruise where everything is done for you and I was with others too...nothing remotely energetic being done...apart from maybe a wander around the decks, perhaps.

Decided to change GP and reapply from scratch.

New GP looked into the problem, she agreed that the holiday should not have been relevant and realised that crucial information...such as the COPD, chronic fatigue and arthritis had been omitted completely from the case notes submitted by the old GP...infact they were missing from my medical notes and had to be hunted down and sent onto my new GP a couple weeks afterwards.

My new GP assisted me with the forms, she then had me see her when her forms were sent to her from DLA and she took the time to ask how things were on a day to day basis etc.

As of December 2008 I now have DLA low care indefinitely.

Now.....can I at least try and get the money back from last year that I lost due to my unprofessional (and probably jealous) ex GP or am I too late?

This has really upset me a great deal and the way my old GP acted was totally uncalled for. There was no need to say anything about my holiday...or are disabled people no longer allowed to go to a warm country and recharge their batteries anymore????

cattie

Nothing you can do I'm afraid. Some gp's do good reports for dla, some do bad & sadly for you your gp's report didn't backup your actual care needs &the panel decided you were not entitled to dla.

Cheer yourself up in the knowledge that you now have your dla indefinite award & won't have to go through the process again.

allyJ321

hmmm...I know I should be happy at getting it back, it is just the way it was lost for 9 months that bites. The old GP had no reason to do what she did, I had a good relationship with her up until this happened...just do not understand why she did it and if she has done it to other people too, that is a real possibility

Just because I had booked a cruise over a year before finding out about the stroke and asked her about vaccinations before the stroke diagnoses. I feel like she stabbed me in the back, that's all. It wasn't as if it had been the first cruise I have taken while under her 'care'. I just do not understand why.

The holiday was with friends for my birthday. I enjoyed it but the GP's actions left a bad taste in my mouth and even moreso since I have now had the DLA given back to me at the same rate as before and indefinitely again.

Thanks anyway

SuziQ

This is horrible for you,but my feeling is that you would be better to 'let it go' as persuing it is obviously eating away at you.Why not go to the CAB and ask if there is any possibility of taking action on this-and take their advice. That way,if they say forget it-you will know that it is not worth wasting any energy on. If they say you do have a case,they will help you-taking the burden off you-and you will know you are not flogging a dead horse.You might even visit your MP's surgery and ask whether he would do a letter of enquiry for you.
And remember the positive,which is that you have you award back again.

The_walrus

Your option really would have been to take the first tier tribunal to the upper tribunal on the grounds of unfair reliance on subjective medical "evidence". There is a chance of requesting a late appeal (you have to write to the tribunal service) but your new application negates this somewhat. Only an experienced Welfare Rights worker could advise properly after seeing the tribunal's full written reasons for decision.

allyJ321

Thanks for the advice Suzy & Walrus

The reason given by the appeal panel was short & sweet...they did not belive that I fell into the right claiming criteria for DLA in any of it's forms. They did mention that the holiday had swayed that decision.

Effectively had the GP not said anything about the holiday, my existing indefinite DLA low care award would have remained unchanged.

My GP did not ask what sort of holiday I was taking, had she done, she would have realised that on a cruise EVERYTHING gets done for you...from making the bed in the morning to cooking/serving food & drink. It is as far removed from energetic as you can get really.

Basically it means that her patients must not go on holiday in any form for any reason if they are on any benefits whatsoever. And that is completely unfair and I do feel vindicated in the fact that I have regained my award, although I do feel strongly that I should not have been forced to change GP in order to get that sorted out and I think the £600 or so lost after what the original GP said is something I wish I could get back...even though it will not help the sour taste from my birthday cruise which was to countries that I could never have dreamed to have been able to go to and had to stay on the ship rather than explore due to finances no longer stretching.

I do not smoke, drink, own/drive a car...my one and only vice is a cruise somewhere warm every year...I guess that must be a crime in some people's eyes

[Deleted User]

cattie wrote: »

Nothing you can do I'm afraid. Some gp's do good reports for dla, some do bad & sadly for you your gp's report didn't backup your actual care needs &the panel decided you were not entitled to dla.

Cheer yourself up in the knowledge that you now have your dla indefinite award & won't have to go through the process again.

Not quite the case,with an indefinate award they can and do come back and check if you are still elligable under what is known as RPP right payment protection,this can happen anytime 12 months after an"indefinate"award is made,whilst in practice only about 1% of claims are checked under RPP each year,and in theory they are claims where a change might be expected

glossgal

Unfortunate experience for OP but bottom line is-don't take benefit advice from people other than benefit advisers. Not only is it misleading but you have no come back from the bad advice. You wouldn't take medical advice from CAB or Welfare Rights, am amazed at how many people react on what doctors, friends, people at the bus stop say....Even those with good intentions are often ill informed of the procedures and protocol involved.

Also, I've seen medical evidence from surgeons and professors etc that are dismissive of people's illness for DLA claims-rarely intentionally but at the end of the day admitting your patient is disabled and struggling with daily tasks doesn't suit their agenda or their ego! Of those that don't support the patient, they're hardly likely to say so to your face are they? The number of times I've seen someone rave about a supportive GP only to have the GP pretty much admit to humouring them, well I'd be rich! I think OP needs to chalk it up to experience and move on.