Contradictory Evidence - ADM A1390 Question......

Hi all,

In regard to an earlier DLA claim, and refering to Contradictory Evidence - ADM A1390

If the evidence is contradictory, the DM should

1. try to resolve the discrepancy or
2. decide that there are sufficient grounds to decide the point on balance of probability

If there were a big enough discrepency between two pieces of contradictory evidence, and one part of the evidence was used to base an amount of benefit award on, and that evidence was later to be found factualy wrong.........

A. GP report........"Stating a total knee replacement and how patient doing so well since operation" (throughout factual report).

B. Claim Form.........Osteoarthritis of both knees and how it affects day to day living, (mentioned throughout form).

Could the decision maker be held liable for "official error" by making an award decision and not attempting to resolve the discrepancy by phoning the claimant etc.....

This error was not discovered until benefit award was coming to the end, this was past the 13 month max time limit for normal revision / appeal.

Many thanks in advance!

Hi

Because of the time lapse I think this would require legal action although you could write to the `DWP and invite their observations.

I would query why it took so long to come to light. Any right of appeal is long passed.

Thanks foss27

It came to light when having a telephone discussion with the DWP during a renewal claim........DWP stating, so you had a knee operation 2 years ago.......erm no........DWP - oh that was what your doctor stated on his report when you first claimed..........

They then conveniently had lost the original claim form when I asked for a copy to compare the claim against the GP report.......then just recently I found that I had copied the original claim form.......the discrepancy is ridiculous............the DWP admit the original claim was based on the GP report but will not admit to "official error"...............that's why I was trying to get third party opinion........

What legal action was you thinking of foss27?

Many thanks

Thanks Gordon,

This has been going back and forth with the DWP for a while now, right up to ICE........they are not aware that I now have come across a copy of the original claim form........

They have admitted in writing that the GP report was what they based their original decion on.........

What would be the process for a Judicial Review, also does it come with a cost?

Thanks again Gordon