How exactly is a DLA decision made?

Hi

I have a question regarding how the decisions for dla are actualy made.

I am told the decisions makers are not actualy doctors, so i assume they have to base their decision purely on evidence alone not on their opinon on weather the medical condition in question validates what the claiment is saying or if the claiment is telling the truth or not.

For example

Example 1:

If a claiment sent in a claim for mobility and they said they where unable to walk any distance at all without sever discomfort due to having chronic arthritus in their hips and decision maker decided not to award the claiment would the decision maker have to show evidence that the claiment IS able to walk a ceartain distance without pain? or can he just straight disagree with no evidence?

Example 2:

If a claiment sent in a claim for mobility without sending in their own evidence, would the desion maker have to either acept what they have written on the form or request they have a medical examination and then use this medical examination as either evidence to validate the claim or invalidate it?

In summary do the decision makes HAVE to show evidence to disprove a claim or can they disprove a claim just using their own opinion with no evidence.
«13

Comments

  • kurgon
    kurgon Posts: 877 Forumite
    I think they just use a 6 sided dice wih 2 yes's and 4 no's on it......
  • kurgon wrote: »
    I think they just use a 6 sided dice wih 2 yes's and 4 no's on it......

    :rotfl::rotfl:
  • You have more chance of winning the lottery than getting dla.
  • I was told that it depends on how long you need additional help for - they add up the amount of minutes listed for each task requiring help. This was for a child application.

    I don't know how true it is, though.
  • niandsa
    niandsa Posts: 188 Forumite
    I renewed my claim a month or so ago and it was awarded without contacting my gp. I also didn't need to attend a medical.

    I filled in the form as comprehensively as I could. I also sent my prescription form and care plan. I think that the medication I take is a very good indicator of the severity of my condition.

    This is my second award of DLA. Both have been processed on the information I have provided. My GP has never been contacted and I have never been called for a medical.

    So from my experience it is possible to gain an award without the need for further medical evidence.

    HTH
  • Hi thanks for your replys, i am aware you can be awarded without any evidence as i was awarded my self in the past with no evidence and no contact to my gp was made.

    But i would like to find out if you can be disallowed WITHOUT evidence. assuming you have filled in the forms with enough detail to meet the critera. for example you say you cant walk any distance without pain. Do the dwp have to show evidence that you can infact walk without pain?
  • Hi thanks for your replys, i am aware you can be awarded without any evidence as i was awarded my self in the past with no evidence and no contact to my gp was made.

    But i would like to find out if you can be disallowed WITHOUT evidence. assuming you have filled in the forms with enough detail to meet the critera. for example you say you cant walk any distance without pain. Do the dwp have to show evidence that you can infact walk without pain?

    Are you really saying that you got DLA without submitting any evidence at all? I think this is why all DLA recipients are now under renewed scrutiny even those who have submitted copious amounts of validating data (as I did). I'm not blaming you, just blaming the fact maybe if proper checks were consistently done in the first place then maybe we wouldn't now be the target of constant Daily Mail type attacks.

    Back to your point, the decision maker uses the A-Z of medical conditions which is replacing the disability handbook in deciding how certain medical conditions might give rise to care needs.
    http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/a-z-of-medical-conditions/

    If the care needs on the form conflicts with the probably care needs listed in the guide the DM uses, then I'm afraid they should seek further proof. Unfortunately some people lie or exaggerate leaving the truthful under suspicion. Guilty until proven innocent!
    Just in case you were wondering (some have)..... I'm a woman!
  • sofaspud1234
    sofaspud1234 Posts: 193 Forumite
    edited 18 February 2011 at 10:04PM
    bertiebat wrote: »
    Are you really saying that you got DLA without submitting any evidence at all? I think this is why all DLA recipients are now under renewed scrutiny even those who have submitted copious amounts of validating data (as I did). I'm not blaming you, just blaming the fact maybe if proper checks were consistently done in the first place then maybe we wouldn't now be the target of constant Daily Mail type attacks.

    Back to your point, the decision maker uses the A-Z of medical conditions which is replacing the disability handbook in deciding how certain medical conditions might give rise to care needs.
    http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/a-z-of-medical-conditions/

    If the care needs on the form conflicts with the probably care needs listed in the guide the DM uses, then I'm afraid they should seek further proof. Unfortunately some people lie or exaggerate leaving the truthful under suspicion. Guilty until proven innocent!

    Thanks for the informative link. My husband is awaiting to hear whether he will get DLA he has severe circulation problems and cannot walk very far. They have acknowledged his application and are waiting for his doctors report.
  • dmg24
    dmg24 Posts: 33,921 Forumite
    10,000 Posts
    Thanks for the informative link. My husband is awaiting to hear whether he will get DLA he has severe circulation problems and cannot walk very far. They have acknowledged his application and are waiting for his doctors report.

    Have you submitted a doctors report? Whilst they do often ask the GP and/ or consultant for further information, there is no compulsion on them to do so. Therefore it is always a good idea for the claimant to submit their own evidence.
    Gone ... or have I?
  • dmg24
    dmg24 Posts: 33,921 Forumite
    10,000 Posts
    You have more chance of winning the lottery than getting dla.

    You only need to look at this board and the Benefits board to know that your statement is utter rubbish.
    Gone ... or have I?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.9K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.6K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.