DLA Medical Report

spherelance

sardine wrote: »

You say you described your worst days and was told NOT to mention good or better days.
Which is the right way? What am I supposed to describe?

Describe the bad in detail but also mention the better, I should have said that in my initial comment.

Edit to add: Also the form asks you how many days out of 7, so even expressing bad days is tempered unless you say that everyday is like that.

sardine wrote: »

P.S. Looks like DMG has answered part of my question and is saying that you have now committed benefit fraud!

Editted to be less confrontational: Yeah and I've added the missing information, my concentration is dodgy so I do sometimes miss stuff off posts but I can happily say I have not committed benefit fraud despite DMG24s "opinion".

sunnyone

MrsManda wrote: »

I don't think you need to worry in terms of the ESA assessment, it's used as supplementary evidence and they'll also have the information about the reconsideration and your Support Group award which can only work in your favour/

Your wrong, two people that I know personally have had a failed ESA medical and that was then used to turn them down for DLA even when they were both placed into the support group one on reconsideration and one at tribunal and they are not alone because it becoming very common and they are very diffrent benefits.

I cant think of anywhere else where a discredited test result could be used to fail another test and the WCA wasnt just failed but both of them got 0 points.

sardine

spherelance wrote: »

Describe the bad in detail but also mention the better, I should have said that in my initial comment.

Edit to add: Also the form asks you how many days out of 7, so even expressing bad days is tempered unless you say that everyday is like that.


Editted to be less confrontational: Yeah and I've added the missing information, my concentration is dodgy so I do sometimes miss stuff off posts but I can happily say I have not committed benefit fraud despite DMG24s "opinion".

Thankyou, I appreciate your comments.

sardine

sunnyone wrote: »

Your wrong, two people that I know personally have had a failed ESA medical and that was then used to turn them down for DLA even when they were both placed into the support group one on reconsideration and one at tribunal and they are not alone because it becoming very common and they are very diffrent benefits.

I cant think of anywhere else where a discredited test result could be used to fail another test and the WCA wasnt just failed but both of them got 0 points.

Thankyou for your comments on the same topic.

If that is what is happening, then that will make for a very eventful argument at the Tribunal!!

Personally, I would be hoping that they do part refuse the claim on that basis!

If that is going to be one of their best shots at refusing the application along with the inability for my 'medical' people to give any sort of meaningful report based on the limited and ineffective questions asked in the DBD370, then they are in for the long haul. Having to complete the DLA 1, is the most difficult exercise. Trying to complete it in the way that the notes attached to it dictate it to be completed is hard going. Especially when I know from others on this site that isn't strictly the best way of completing it in order to have the best chance of securing a positive result. But it has to be done by the book, in order for me to achieve the maximum impact at the Tribunal!

TheBottomLine_2

So anyway, back on topic...

It took over three months (around 14 weeks) for my DLA award to come through from the date of applying. I almost had to have a medical but then my GP pulled his finger out and wrote back to them. I did get a letter after a few (can't remember how many exactly) weeks to let me know they hadn't forgotten about me. And no appeal necessary.

The good days/bad days debate, well I wrote about good/bad/average days and then said how often each occur. No need to dress it up just be honest, and use extra paper if necessary that's what I did.

sardine

Right, I have sent off the DLA1 and have completed it in strict accordance with the notes attached to it. Offering no more or no less than they have required me to do so. I have also informed them that whilst the claim, conditions and needs are genuine, the reason for making the claim is purely to establish their working practices and how it is that the ordinary man in the street would normally have great difficulty in obtaining the benefit even with an obvious needs package.
All will go quiet now for a couple of months whilst they try to understand what I have said, and gather the non existent evidence from the GP & various consultants.
So, I have put it to one side for now and will await the obvious outcome!

Eridani

Ok so my letter has come through today saying they cannot pay me DLA - given that I've suffered with depression (continual depression that I am on treatment for including anti depressants and CBT therapy) with severe anxiety disorder and social anxiety bordering on agoraphobia and I have a prolapse and severe nerve pain in the back of my legs down to my feet (constantly, all day and I can barely walk most of the time) I'm pretty astonished that they have turned me down. I've been so bad my partner has had to give up work to look after me and our young baby. I think I'm going to have to find the willpower to appeal but I don't know where to start. luckily I took copies of the DLA form before posting it off. can anyone help me?

sardine

Eridani wrote: »

Ok so my letter has come through today saying they cannot pay me DLA - given that I've suffered with depression (continual depression that I am on treatment for including anti depressants and CBT therapy) with severe anxiety disorder and social anxiety bordering on agoraphobia and I have a prolapse and severe nerve pain in the back of my legs down to my feet (constantly, all day and I can barely walk most of the time) I'm pretty astonished that they have turned me down. I've been so bad my partner has had to give up work to look after me and our young baby. I think I'm going to have to find the willpower to appeal but I don't know where to start. luckily I took copies of the DLA form before posting it off. can anyone help me?

What you need to see is a copy of all of the evidence that they have used (GP/Consultants reports etc) to arrive at their decision.
You will have to appeal against the decision and pull apart their evidence to show that they were wrong to deny you the claim.

It's a long slog to get your appeal ready for submission to the Tribunal.

Just remember when you made the claim, it was for the DWP, on the balance of probabilities,to show that you weren't entitled to it. In going to appeal it is your responsibility to prove on the balance of probabilities that you are entitled to it. The onus is on you to both show that the DWP got it wrong, and that your evidence has a far greater impact on your case than their's does.

Think of it as trying to prove your innocence in court with one hand tied behind your back, and everybody is tending to believe the DWP over you!

Eridani

sardine wrote: »

What you need to see is a copy of all of the evidence that they have used (GP/Consultants reports etc) to arrive at their decision.
You will have to appeal against the decision and pull apart their evidence to show that they were wrong to deny you the claim.

It's a long slog to get your appeal ready for submission to the Tribunal.

Just remember when you made the claim, it was for the DWP, on the balance of probabilities,to show that you weren't entitled to it. In going to appeal it is your responsibility to prove on the balance of probabilities that you are entitled to it. The onus is on you to both show that the DWP got it wrong, and that your evidence has a far greater impact on your case than their's does.

Think of it as trying to prove your innocence in court with one hand tied behind your back, and everybody is tending to believe the DWP over you!

Oh great I don't think I can cope with that, I just don#t have the energy

Eridani

OMG just read form sent by gp there is barely any detail on it....clearly a rush job and many facts omitted - no wonder it was refused