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Contradicting Medical Evidence to be Sent to DWP
- Augustus
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9 years 10 months ago - 9 years 10 months ago #122382 by Augustus
Contradicting Medical Evidence to be Sent to DWP was created by Augustus
I have claimed PIP.
I would lke to know whether it is acceptable or productive to contradict fresh medical evidence[hospital clinic letters] being sent to DWP.
One of my conditions is chronic tendonitis in both elbows and wrists, which limits arm movement at the elbows and wrist movement and hand grip, so that washing, dressing etc is v. difficult.
The latest clinic letter I am going to submit concedes " I am struggling to dress myself, and that I feel I cannot move my elbows at all."
But buried in the next para is a statement that "there is a full range of movement at the elbows but I was unable to unbutton my shirt."
Can this wording be used by DWP to say the picture is confusing and that an award cannot be made? Words used such as " I feel" worry me, suggesting the doctor could not find corroborating evidence.
Can I contradict this? The actual clinic was running 1 hour late and the consultation was rushed as a consequence.
I am concerned this letter may not actually end up being used as supporting medical evidence, and the inconsistencies I have cited could be used to reject a claim.
What do you think?
Should I submit the evidence as is, OR add a note contradicting the letter and clarifying what I experience every day? [this is already on the PIP form]
Thank you
A
I would lke to know whether it is acceptable or productive to contradict fresh medical evidence[hospital clinic letters] being sent to DWP.
One of my conditions is chronic tendonitis in both elbows and wrists, which limits arm movement at the elbows and wrist movement and hand grip, so that washing, dressing etc is v. difficult.
The latest clinic letter I am going to submit concedes " I am struggling to dress myself, and that I feel I cannot move my elbows at all."
But buried in the next para is a statement that "there is a full range of movement at the elbows but I was unable to unbutton my shirt."
Can this wording be used by DWP to say the picture is confusing and that an award cannot be made? Words used such as " I feel" worry me, suggesting the doctor could not find corroborating evidence.
Can I contradict this? The actual clinic was running 1 hour late and the consultation was rushed as a consequence.
I am concerned this letter may not actually end up being used as supporting medical evidence, and the inconsistencies I have cited could be used to reject a claim.
What do you think?
Should I submit the evidence as is, OR add a note contradicting the letter and clarifying what I experience every day? [this is already on the PIP form]
Thank you
A
Last edit: 9 years 10 months ago by Gordon.
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9 years 10 months ago #122391 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contradicting Medical Evidence to be Sent to DWP
Augustus
There is unlikely to be a good answer to this.
You have to submit the letter in full, if you do so at all, so the remarks will be seen by both the assessor and the Decision Maker, by providing additional testimony you are drawing their attention to the remarks.
Without knowing how you are effected, it is difficult for us to advise what approach you should take, for example, the letter says "full range of movement" but then concedes that you cannot button a shirt, is that because of problems with your wrists and/or hands? These would still casue problems with washing and dressing.
Have you spoken to your GP about the letter they may be prepared to provide a letter that qualifies your problems better?
The clinic sees you at best intermittently, did you take actions that might have affected the level of movement you had on the day, additional pain killers, or you had reduced your activity in the days prior to the appointment.
Finally, PIP considers a claimant problems as they are the majority of the time, maybe you were just having a good day when they saw you.
Gordon
There is unlikely to be a good answer to this.
You have to submit the letter in full, if you do so at all, so the remarks will be seen by both the assessor and the Decision Maker, by providing additional testimony you are drawing their attention to the remarks.
Without knowing how you are effected, it is difficult for us to advise what approach you should take, for example, the letter says "full range of movement" but then concedes that you cannot button a shirt, is that because of problems with your wrists and/or hands? These would still casue problems with washing and dressing.
Have you spoken to your GP about the letter they may be prepared to provide a letter that qualifies your problems better?
The clinic sees you at best intermittently, did you take actions that might have affected the level of movement you had on the day, additional pain killers, or you had reduced your activity in the days prior to the appointment.
Finally, PIP considers a claimant problems as they are the majority of the time, maybe you were just having a good day when they saw you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 10 months ago #122395 by Augustus
Replied by Augustus on topic Contradicting Medical Evidence to be Sent to DWP
Thanks Gordon.
Will send as is. i will probably have to appeal anyway, knowing ATOS [based on ESA experience], so will go to GP for clarification at that time!
Will send as is. i will probably have to appeal anyway, knowing ATOS [based on ESA experience], so will go to GP for clarification at that time!
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