DLA claim. Consultant will not respond to request

Careful_with_that_Axe

Can you get your local Welfare Rights Officer's help?
One way round your consultant's lack of co-operation would be to ask your GP for a copy of your medical notes. There may be a charge for this, but it should include all letters from Consultant to GP.
One of my consultants admitted to me that he has so many requests for forms that he routinely just asks his secretary to send out copies of any correspondence as evidence.

I used the above method as evidence for an Appeal hearing and won, so don't lose hope.

dori2o

Careful_with_that_Axe wrote: »

Can you get your local Welfare Rights Officer's help?
One way round your consultant's lack of co-operation would be to ask your GP for a copy of your medical notes. There may be a charge for this, but it should include all letters from Consultant to GP.
One of my consultants admitted to me that he has so many requests for forms that he routinely just asks his secretary to send out copies of any correspondence as evidence.

I used the above method as evidence for an Appeal hearing and won, so don't lose hope.

Thanks

I already get copies of all letters sent out from the pain clinic and have them as part of my existing evidence.

1 other thing however.

Looking back through the original decision, and the reconsideration, it states they have used the following information.

My claim form, the evidence I supplied, the GP report, AND advice from a medical professional.

Now after the first decision was received I asked for a copy of ALL INFORMATION used to come to the decision. I got everything, except for confirmation of what the 'advice from a medical professional' was.

Surely this must be documented? Surely if they cklaim to have used this in evidence it must be supplied on request even if the advice is verbal it should be documented?

As far as I can gather, such 'advice from a medical professional' is used to reject claims on a regular basis, but nobody ever finds out what this advice is.

I am assuming that the 'medical professional' is a trained doctor. However, is a medical secretary not a 'medical professional'?

Has anyone ever been successful in gathering this information?

Widelats

dori2o wrote: »

Thanks

I already get copies of all letters sent out from the pain clinic and have them as part of my existing evidence.

1 other thing however.

Looking back through the original decision, and the reconsideration, it states they have used the following information.

My claim form, the evidence I supplied, the GP report, AND advice from a medical professional.

Now after the first decision was received I asked for a copy of ALL INFORMATION used to come to the decision. I got everything, except for confirmation of what the 'advice from a medical professional' was.

Surely this must be documented? Surely if they cklaim to have used this in evidence it must be supplied on request even if the advice is verbal it should be documented?

As far as I can gather, such 'advice from a medical professional' is used to reject claims on a regular basis, but nobody ever finds out what this advice is.

I am assuming that the 'medical professional' is a trained doctor. However, is a medical secretary not a 'medical professional'?

Has anyone ever been successful in gathering this information?

I tried to get info on the damage i had done to my arm, over 20 years ago, i asked for my notes from that operation and this is what i got back 2 months later:

1 childlike drawing of a arm with a line on it where the cut was.

Nothing else, no notes, no info that i asked for no notes on what had been cut inside my arm or any notes on the lasting nerve damage i got - this is despite asking clearly on the request form for the details i required, this was not for a benefits claim it was me being curious as to what happened to me.

Don't be surprised if your notes look like they have been done by Mickey Mouse with no writing at all, just a crude picture.

Good luck - to request info go to your GP, see the reception they have the forms, fill it in with all the info they require.

dori2o

Widelats wrote: »

I tried to get info on the damage i had done to my arm, over 20 years ago, i asked for my notes from that operation and this is what i got back 2 months later:

1 childlike drawing of a arm with a line on it where the cut was.

Nothing else, no notes, no info that i asked for no notes on what had been cut inside my arm or any notes on the lasting nerve damage i got - this is despite asking clearly on the request form for the details i required, this was not for a benefits claim it was me being curious as to what happened to me.

Don't be surprised if your notes look like they have been done by Mickey Mouse with no writing at all, just a crude picture.

Good luck - to request info go to your GP, see the reception they have the forms, fill it in with all the info they require.

Thanks, but the information I was looking for in the post was that from the DWP in relation to what 'evidence' they have used to make their decision.

It said they have used evidence provided by a 'medical professional' (this is extra to the GP's report they requested) yet this 'evidence' isn't included in the evidence they sent to me following my request for statement of reasons and a copy of all the evidence used to make the decision not to award dla.

I believe the DWP have an in house (ATOS?) medical department that they can get information and guidance from, and they have done that in this case, but surely when asking for the DWP to provide a copy of the evidence that has been used to make a decision on DLA, any advice the DWP received from the 'medical professional' should be included, even if the advice was purely verbal, it should be noted and sent to the claimant upon request.

bifold

My DLA claim was held up waiting for the consultants report,I spotted the request in my hospital file,Which I got the specialist Cancer nurse to sit down with the consultant and walk him through the form. She also sorted out my blue badge,Since she saw me on all my visits she was the best informed on my condition and needs.

dori2o

It seems after further investigation and stress, that the consultant did respond to the request. Here is their response.

This patient has attended the Pain Centre for assessment. The Centre has a policy of not becoming involved in claims for disability and other benefits. This is largely for the reasons of trying to help patients improve their level of physical functioning and regain as much as possible physical activities they may have lost due to their pain. It would seem incongruous therefore to be telling the patient and encouraging a patient to improve their level of physical functioning whilst, at the same time, supporting their claims for more benefits.

We do make this explicitly clear to our patients and hope that you will understand the reasons for our not wishing to become involved.

No consent was enclosed with your request therefore we are unable to provide you with copies of the patient's records. Our patients are, however, provided with copies of our letters.

I find it completely disgusting that the Dr should have any such opinion on the benefit I am seeking to claim.

He has already written me off stating that there is nothing further he can do.

He states that it is incongruous to be trying to get well, but be claiming benefits. Isn't that part of the idea. The fact that receiving this benefit could lead to an improvement in health if the benefit money is spent in the correct way, as I wish to do, by funding alternative therapies and visiting professional private physiotherapists?

I am so disgusted at the Dr's response that I am planning to write to the Directors of the Salford Royal NHS Foundation Trust, The MP for Salford, and the Doctor himself.

The whole reason for me claiming DLA is to fund (both the time required and expense needed) therapies that the NHS refuse to provide, accupuncture, aromatherapy, reflexology, etc They may not work, but until I try them I will never know.

EDIT:

Just reading through the letter again from the Dr, and it really does make it sound as though I'm only interested in claiming benefits and not in my health.

Just thinking back and in some form or another I have worked and earned money since I was 12 years old. Since then I have never been out of work, not even for 1 day. I'm now in my 30's

I did Papers from being 12 to when I left school. I also did a milk round on a Saturday after my papers for a year when I was 15.

When I reached the age of 16 (born in September so one of the oldest in the class) I started work in the local warehouse picking and packing on the evening shift, This was whilkst I was still at school and I also had my paper round at the same time. I also worked Sundays at the warehouse so gave up the milk round.

After leaving school I went straight into an apprenticeship. I left the warehouse on the Sunday started the apprenticeship on the Monday.

Then started work at HMRC on the Monday after leaving my previous employer through redundancy on the Friday prior

And this letter suggests I'm happy to give up and live a life of benefits.

WhiteHorse

dori2o:

It's all flannel. They are simply trying to avoid their responsibilities. Disgusting. Make a formal complaint. Make a request for your medical notes, and see what they've written in there. Make an FOI request for all documents relating to this 'policy'.

dark_lady

Reading between the lines it seems to me that the consultant was letting his Daily Mailish type feelings that he has towards benefit claimants,influence his duty of care towards the patient.

For instance if you were a patient with ischemic heart disease and your consultant had the same attitude as this one.
And then the consultant tells you to attend a cardiac rehabiliation course once a week for two months. But you have to choose between that and eating because you cant afford to go. DLA would make all the difference in this instance because then you would be able to afford to go.
The rehab course held in the hospital at 7.30pm and in our area busses stop running by then so you have to get taxis.
These benefits are there to help people with their illnesses and disabilities.
I think it is a benefit that is largely misunderstood by many members of the medical profession.

davsidipp

dorio2o thats disgusting i know they are busy but never too busy to do private work i feel by the answer given they are opposed to people claiming disability benefits which they should be inpartial.do fight on and get what you are entitled to i know its hard but it sounds like you deserve it try and get your gp on your side good luck.

Trialia

That is just completely disgusting. Clearly the consultant believes the media b.s. - I wish you all the luck in the world with your complaint. Particularly since that's my neighbouring PCT and where the nearest fibromyalgia clinic to me happens to be!