DLA claim. Consultant will not respond to request

dori2o

skater_kat wrote: »

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..

I can but I don't think I'll have the time to get the information together in time.The application for medical records is a daft process, plus I have copies of all letters from the pain clinic, all of which confirm my current condition.

I have to apply to the tribunal within 1 month of the decision notice. After that I'm not sure if there is further time given to collate evidence and submit it further.

[Deleted User]

dori2o wrote: »

I can but I don't think I'll have the time to get the information together in time.The application for medical records is a daft process, plus I have copies of all letters from the pain clinic, all of which confirm my current condition.

I have to apply to the tribunal within 1 month of the decision notice. After that I'm not sure if there is further time given to collate evidence and submit it further.

if you request a statement of reasons the 4 weeks is extended by 14 days not sure if that helps you but it may help others in future

dori2o

woodbine wrote: »

if you request a statement of reasons the 4 weeks is extended by 14 days not sure if that helps you but it may help others in future

Think I might be OK for time now I've looked into the tribunal process properly. I don't need to have all the evidence I'm relying on ready and with the tribunal until a couple of weeks before the tribunl date, which I believe at the moment is taking around 7-8 months to come through.

This however poses the 2nd problem.

At this moment I could, not appeal against the decision and the make a brand new claim in 3 months time. Or wait 8 months for the tribunal, hope they give the right decision, then if not, have to wait a further 3 months before I make a new claim.

I believe as per my first post that they have made an error in law in relation to DMG 61300 and R(DLA) 4/04 and my hospital letters back this up. However I don't have the trust in the tribunal to make the right decision.

One final question I have for those who have the knowledge about this sort of stuff.

Do I mention this apparent error they have made as part of my letter that I must send within 1 month of the decision date, or do I hold the information intil I send the bundle of information to the tribunal.
As I understand it it will bre looked at again by the DWP before the send it to the tribunals office and they could reverse the decision at that point.

So confused on what to do.

Trialia

dori2o wrote: »

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.

Oh Salford... Hope/Salford Royal Hospital probably? I've heard they are pains like this from my housemate who's treated there. Good luck!

dori2o

The annoying this with this is all they have done is reject everything I have said, despite the fact I have provided evidence for every part of the claim.

They have said I don't need help getting up and down steps, but I can't actually get up steps on my own. If there is a case where I have to I have to go up and down on my bum. I have been given a parking space under the building and been given the key code to the goods lift so I don't have to use the stairs as everyone else has to to get from the car park into the building. WHY you might ask??????? BECAUSE I CANNOT GET UP STAIRS!!!!!!!!!!!!!!

They have said I can walk. Well yes I can, less than 50 yards and I'm in unbearable pain all the time, even when resting. Their own guidance at DMG 61300 clearly states that if I am in severe discomfort prior to starting to walk, then all walking accomplished, whether or not the pain is increased by the act of walking, despite this severe discomfort must be discounted.

My GP has said I'm in constant unremitting pain, as do the majority of my doctors letter.

They say I am not in danger of falling, yet I have sent evidence, including an accident at work form, that has shown all the falls I have had since March this year. My knee is unstable and this again is documented in my evidence from the doctor.

To be honest I'm wondering if it is worth the stress, considering my depression (a secondary condition which has menifested as a direct result of being in constant unbearable pain) is getting worse without the extra stress.

The way I see it there are 2 options, I can leave it 3 months and apply again, or I go to tribunal which could take another 10 months, tell them about the error in a point of law and hope the people on the tribunal have a little more common sense than the decision maker at the DWP.

The more I think about it the more confused and stressed out I get.

Supernatural

Try not to stress. I'm in the same position, my claim was rejected and they came up with a lovely fairy story saying I could do all these wonderful things I can't... madness. So, I refuse to let them win, off to tribunal we go, if you are in the right you must carry on and see it through to the end, you are entitled. .

God bless Atos we're cured - hurrah!

http://www.atosmiracles.info/

pedro123456

http://www.pals.nhs.uk/

PALS cover all hospitals, they are there to support you before you complain. If your Consultant isnt playing his/her part, ring them, and they will look into it.

Put your post code in http://www.pals.nhs.uk/officemapsearch.aspx

Brassedoff

dori2o wrote: »

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.

I have found myself in the same sort of position. The pain clinic said they would not try Fentanyl but kept me on higher doses of Morphine as it is better for me.

In the end I asked for a second opinion at a different hospital in another area. I have done this so the old Consultant could have no bearing on my previous treatment where my records were lost for 14 months and in the last operation a junior surgeon basically made a mistake that crippled me (that another subject). Yes, you go to the back of the queue, but I have found this best. I have a friend who is high in another dept at the hospital and she told me there are cases and time limits that they prefer to simple mark as "chronic" to get rid of them. No one will admit it, but it happens.

Try that, re-start the process, you will at least be much better informed. You have to see your GP, tell them you are taking your right to a second opinion at a different NHS/hospital.

rogerblack

dori2o wrote: »

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?

Yes, it does.
However, in addition to sounding wrong, I would consider asking what he would consider a reasonable fee to be.

starchild1972

Ugh consultants.
I had a problem with a previous GP. Saw my now new GP and last week told me.."No surprise your pain considering your condition" I replied, "well yeah but I have not had this sort of pain with fibro before"
He then said "I'm not talking about the fibro, although that has probably flared, I'm talking about the ankolosing spondylitis" I was stunned I had never been told this. It had apparently been on my notes for 3 and a half years and I had recieved no treatment, no physio, no help and they had never done a DLA form for me. I think my old GP got some perverse pleasure from knowing I had to go through ATOS visits every few years!
My former GP had NEVER told me about the results from my scans and tests or the conversation HE had with the rhuemy (who he refused to refer me back to).
Sometime second opinions are the only way and have at least to be considered.