DLA claim. Consultant will not respond to request

dori2o

Just had the decision notice back from the DWP re my DLA claim and they still say that I am not entitled to the benefit.

They say they have to make the same decision as before as my consultant has not responded to their request for information.

My GP responded when I made the original claim, but his answers were rather vague and the consultant at the pain clinic held more information than the GP did.

I phoned the pain clinic to find out why he hasn't responded only to be told that he does not fill in DWP requests as he is not obliged to do so and he does not receive a fee for doing them.

Does this sound wrong to anyone else?

I always thought being a Doctor was about helping people, not about how much money they can make, obviously I was wrong.

I feel like writing to the consultant explaining exactly what I think of his behaviour, but then my last 2 letters to him have gone ignored also.

Think I may have to start over again. both with the dwp and with the pain clinic, i.e. get my gp to refer me to another.

I beleive that the DWP decision is incorrect, and incorrect on a point of law relation to DMG 61300 and the commissioners decision R(DLA)4/04

[FONT=Times New Roman, serif]DMG 61300[/FONT]
[FONT=Arial, Helvetica, sans-serif][FONT=Times New Roman, serif] [/FONT]Severe discomfort must arise from the physical act of walking, but it is not necessary for the severe discomfort to first arise or to be increased by walking. If a claimant suffers from physical disablement which affects the physical act of walking, and which causes severe discomfort even when not walking, any walking accomplished despite the severe discomfort must be disregarded. [/FONT]

[FONT=Times New Roman, serif]R(DLA) 4/04.[/FONT]
[FONT=Times New Roman, serif] The claimant had suffered serious multiple injuries in an accident, and his remaining injuries included a painful claw foot. He was refused higher rate mobility. An AT accepted that the claimant had a severe disablement which affected his mobility, but dismissed the appeal on the basis that the level of pain he suffered did not increase when he walked and he therefore did not fall within the terms of reg. 12(1)(a)(ii) of theSS (DLA) Regs. 1991.[/FONT]
[FONT=Times New Roman, serif] Allowing the appeal, the Commissioner held that: Reg. 12(1)(a)(ii) requires that walking which cannot be accomplished without severe discomfort is to be disregarded; and although it is only discomfort related to the physical act of walking which is relevant to higher rate mobility component, there is no requirement that such discomfort must first arise or increase after walking has commenced. Where the claimant suffered from a physical disablement which affected the physical act of walking and which caused the claimant severe discomfort even when not walking, then any walking which the claimant was able to accomplish despite the severe discomfort was to be disregarded.[/FONT]

I suffer from chronic pain and severe discomfort 24/7. It makes no difference what I am doing I am always in pain, hence having been prescribed 50mcg/hr Fentanyl patches (equivalent to 180mg/day oral morphine) which is not giving more than 5% pain relief.

I can walk only slowly, using a stick, with a very heavy limp, I quickly run out of breath whilst walking and find it hard to concentrate even when not walking due to the pain.

Forgive me if I am wrong but I thought that the doctors were obliged to respond to the DWP's request?

davsidipp

you cannot force the consultants to answer dwps requests and pain clinics are very busy clinics where they get these letters all the time.they did reply when my husband was claiming dla but it took a long time and you need to respect that.

davsidipp

sorry forgot to mention have you spoken to his secretary she might throw some light on the matter.

dori2o

davsidipp wrote: »

sorry forgot to mention have you spoken to his secretary she might throw some light on the matter.

Apparently she's on holiday for the next 2 weeks.

TBH I'm not happy with the service the pain clinic has given to me anyway. They have written me off just like the rest of the NHS. I've been told that there is nothing more they can do surgically, or in way of medication. Fentanyl is the last option I have, if it doesn't work then it's tough.

Once I've seen the psychologist next week I might have to ask to be referred elsewhere.

davsidipp

my husband is in the same situation pain clinic can no longer help he has fentanyl patches as well but is finding even that is no longer working so our gp is looking what to do next.i know its hard try not to get too angry with the clinic as i said such busy clinics maybe someone or the secretary will throw light on the reason for not answering the dwp.

clemmatis

I phoned the pain clinic to find out why he hasn't responded only to be told that he does not fill in DWP requests as he is not obliged to do so and he does not receive a fee for doing them.

Yes, some consultants, and some GPs, are like that. I bet they criticise other workers who "work to rule". I suggest you tell your local PALS about this.

Cpt.Scarlet

GP's are legally required to respond to a DWP medical report request, as are NHS Trusts I believe, but I can't find anything related to a Consultant. In all cases the report must be provided free of charge.

See

http://www.dwp.gov.uk/docs/medical-reports-completion.pdf

http://www.dwp.gov.uk/healthcare-professional/frequently-asked-questions/

The second link has a follow on link to the relevant legislation.

dori2o

I feel like a Dead or Alive record at the moment.

Just spoken with the DWP.

I asked them to confirm when the report was sent to my consultant for completion. They didn't know and at one point claimed they hadn't sent one.

Funny then isn't it that I have a letter dated 25 May 2011 saying

'Our enquiries are taking longer than usual because we have requested a report from your Consultant'

I then asked if the consultant was bound with an obligation to return the report.

Answer- Yes. But we cannot force them to send it back.

ME- So... which is it, do they have an obligation or not.

DWP- Well they do but if we don't hear from them we simply ask our medical services to make a decision.

ME- Has anyone chased up the report?

DWP- No

ME- Why?

DWP- Because we have to have these appeals dealt with in a certain time so we just get an answer from medical services.

ME- So, because of your processes and the fact nobody has thought to check where the report is, I am being penalised because you have a deadline to stick to?

DWP- No not at all.

ME- I was perfectly happy to wait for the report to be sent to you before you made your decision, at least then you would have all the evidence you believed you required on 25 May.

DWP- I'll get the decision maker to write to you directly in response to your questions.

ME- OK, I want a transcript of this call also please.

DWP- You need to write in.



I've recently written in with a DPA request to the DWP anyway which includes all call transcripts so hopefully that will be included.


Now I'm going to write to the Consultant asking for a report from him myself explaining what it is I need. The letter will be sent recorded with a copy being held to send to the MP for the hospital, Hazel Blears, in case I don't get a response again.

I spoke to PALS also who said they are sorry but nothing they can do in this instance.

The fight continues.

mum2one

I had the same problem with pain mgt clinic, I went through fentanal patches, but they just kept burning my skin, to morphine patches, but after 3 sizes they couldn't or wouldn't give me any bigger sizes, so I am now on morphine tablets, and liquid morphine to top up, along with the combination of tablets I take, yet the pain management clinic just referred me back to the GP. The clinic was a waste of resources, they wouldn't help me regarding my then dla application, I was lucky my then GP wrote. That was 2 years ago, and the DLA only gave me 2 yrs, yet I had already been recieving DLA for 5 yrs before that, we're now at the point of renewal yet again... despite me filling in the form, being honest, they have now wrote to my GP.

I would speak to your GP, as ask he/she could write for you. x
But now my DLA

skater_kat

can you do a DPA request to the pain clinic itself?

then at least you would have a copy of the consultants notes etc which could support your claim if he/she refuses to fill out a report..

nashly

It does not surprise me at all greedy doctors not filling in forms that they dont get paid for afterall they only get £200,000 in wages.