Hello
I helped my wife complete the form to request an appeal to the decision to award her lower rate care (based on the cooking questions). We both thought that the award should have been higher and includ mobility, particularly as her walking speed is less than 30 metres-min and she experiences pain and discomfort as soon as she starts walking.
A doctor has now asked to visit her for a medical. Is this normal? Has this happened to other member? She has become very worried about it and we're both concerned that she may lose the care component. Has asking for an appeal triggered a medical?
Many thanks for your help.

croastblue wrote:

QUOTE:
Hello
I helped my wife complete the form to request an appeal to the decision to award her lower rate care (based on the cooking questions). We both thought that the award should have been higher and includ mobility, particularly as her walking speed is less than 30 metres-min and she experiences pain and discomfort as soon as she starts walking.
A doctor has now asked to visit her for a medical. Is this normal? Has this happened to other member? She has become very worried about it and we're both concerned that she may lose the care component. Has asking for an appeal triggered a medical?
Many thanks for your help.

Hi,

When a claimant believes the award given by the DWP is inconsistent with their care and/or mobility needs and completes a GL24 Appeal Form, prior to the case being passed to the Tribunals Service, the claim is reconsidered by another, usually more senior Decision Maker.

Thus it could be that this more Senior Decision Maker has requested the Medical (to be carried out by a Doctor or other Health Professional called an Examining Medical Practitioner or EMP) in order to help them make a better informed decision with regard to the claim. In this context, it is not unknown for a medical to be requested. Thus it could be inferred that asking for the appeal has triggered the medical request.

Without having access to such as your wifes case papers etc, it is impossible to predict the outcome of the reconsideration on a general forum such as this, which is why face to face advice should really be sought from a Welfare Rights Adviser to ensure your wifes current award is as safe as can be predicted as it is only fair to point out that the reconsideration (and subsequently the Appeal Tribunal) does carry a risk, usually small, that any benefit already been awarded could be reduced or even removed completely.

However if you you have followed the advice given in the guides in the members area of this site when completing both the claim form and appeal form the chances of this are minimal and the medical may have been requested to establish if your wife does infact qualify for a higher care or mobility award.

In anycase as I stated above, face to face advice from a Welfare Rights Adviser could help establish what level of DLA award would be applicable in your wifes case.

Regards

Pete

Thanks Pete, sorry haven't been able to get to the computer for while.
Doctor will be visiting at the end of the week and I'll also attend. Hopefully it will go OK.
We're a bit worried about her being asked to go for a walking test outside because by the time he arrives it will be very dark. The guides say that this is unlikely. If he's coming due to the appeal then do you think refusing a walking test would affect that process (or the alternative DM's decision). She's happy to do a walking test, its just we live in arural street without any lighting!
Anyway thanks again.
chris

croastblue wrote:

QUOTE:
Thanks Pete, sorry haven't been able to get to the computer for while.
Doctor will be visiting at the end of the week and I'll also attend. Hopefully it will go OK.
We're a bit worried about her being asked to go for a walking test outside because by the time he arrives it will be very dark. The guides say that this is unlikely. If he's coming due to the appeal then do you think refusing a walking test would affect that process (or the alternative DM's decision). She's happy to do a walking test, its just we live in arural street without any lighting!
Anyway thanks again.
chris

Hi,

The visiting EMP has a duty of care not to put a claimant ar risk. Also, if it is as dark as you say, then the EMP would not really be able to see her walking in the dark anyway.

Personally I would say it is very unlikely he would ask her to walk outside in pitch darkness as it would really be of no evidential value if he cannot see.

Regards

Pete

Hi,
Thank you Pete
Chris