dla appeal.

friendinneed_2

I am helping a friend with their dla appeal and wondered if anyone can give me a couple of answers


questions:

can the clalment be required to attend an incapacity medical because of the dla claim? my friend has had the problem since they were 11 years old and has been on incapacity benefit since leaving school. they have never had to attend an incapacity medical before.
can this report be used for the dla claim?

paperwork for the appeal included a copy of the previous claim in feb 2006

attached to the back of that claim form and before the new claim form was an undated sheet of paper 'reasons for decision' (ocument number-wise it it falls between the 2 claims forms). this sheet states ......previously awared middle rate care on similar evidence but do not agree with that decision.
My friend appealed for that claim as well.
Can they say that and then take it into account for the current claim?

Thank you in advance for any advice you can give me

Invasion

I'm struggling to make sense of your post....

From what I understand a report for an incapacity medical shouldn't be used to decide on DLA decisions, they're 2 separate benefits, focusing on different things, but I know it's not unheard of for them to do it.

You can be called for an IB medical at any time, just because your friend hasn't had one before, doesn't mean there's any reason why they shouldn't. Most people on IB will have to have a medical at some point, some people get called more often than others, partly depending on the condition- if it fluctuates then there's more chance of a medical, though I think sometimes they claim it's totally random.

Has your friend thought about getting advice/advocacy from an A4U (used to be called DIAL) or CAB?

friendinneed_2

thank you for that.

I understand that you are struggling to underrstand the posting!

I have always thought they cannot use incapacity medical for DLA purposes but in the response to the request to look at the application again it is stated that the decision was made from .....the claim form, GP and the doctor who examied you for Incapacity Benefit.(apart from the fact that it was a nurse!)

I agree with you about when people end up having an incapacity benefit medical but find it a coincidence that my friend was required to have their first medical (after 15 years of claiming) after applyling for DLA and the report being used to help make their decision

[Deleted User]

To the best of my knowledge they can use any medical evidence avaliable,even for another benefit as long as its no more than 6 months old.

Invasion

It's probably just my brain more than your post

They can, but they shouldn't. You may well be right about the "coincidence" but why they didn't send him for a medical to do with his DLA, I guess it was a case of killing two birds with one stone. My IB medical was a nightmare, lies lies lies, has he asked for the full medical report? That'll tell all about points awarded, where how, and will allow you to appeal with more ease. It is a pain, and something no-one who is genuinely ill should have to put up with, I hope it works out ok, our local A4U have been great with helping me out with my appeal