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Steve - Help DLA Tribunal & Dr saying fit for work

  • blondebird
14 years 1 month ago #16507 by blondebird
Good luck to you and your family - just wondering if the dwp are attmpting to get us so depressed we just give up,possibly commit suicide and they won't have to then pay out a penny in DLA? hope you get sorted though!x

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14 years 1 month ago #16513 by Lorraine
Hi Jim,

Sorry you are not feeling well at present. Thank you for taking the time to reply. I mean his G.P. medical records as its the G.P. who says he is now fit to work even though his condition is worse and he is on more meds.

Regards

Lorraine

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14 years 4 weeks ago #16575 by Lorraine
Update:
I have managed today to get my brother to agree to attend the tribunal (thankfully).

I am so sorry but I have a few questions if I may.

1. As the G.P. says he is now fit for work, but he is now on more medication Morphine, cocodomol etc then he was when he first got his DLA (7 years ago) can we send a copy of his first dla claim forms (marked up showing how much worse he is now) with the doctors letter supporting him at that time and point out he now takes more medication and his condition has deteriated? Then send this as evidence that the G.P. is being unsupportive? G.P. even does not belive some of the things wrong with my brother, but if he read his medical notes he has specailsit records backing him up from consultants etc.

2. Also point out the doctor should not be saying he is fit to work as DLA can be claimed by peoople who are still capable to work. G.P. should just be commenting on his medical conditions.

3. DWP out of the blue put up his careers allowance sometime ago without my brother asking - he has a letter stating this so we could send this as well as evidence.

4. Also he won his last tribuanl several years ago (paper hearing) after DWP sent a doctor to do a medical on him and this doctor found more wrong with him then his own G.P. and stated he will only get worse. He has this paperwork so again we could send this as evidence. So in fact they are going against one of there own medical doctors.

5. My brother is going to go to the tribuanl himself (I myself have ME and Fibro and I am not well enough to go to help him unfortunatly). Because of his high pain and medication he forgets things, gets words wrong etc. Should he take in cards to prompt him to remember what to say so he does not forgot to say important points or would it be better to write a letter to the tribnal panel and hand that out at the beginnging with all the points he wishes to raise.

He is also deaf in one ear so have problems with hearing.

I so much apprecaite all the help and guidance you have all given me on here.

Thank you

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14 years 4 weeks ago #16590 by Mighty Mo
Hi Lorraine, So sorry to hear that you and your brother are going through so much.

I'm a newbie here, and no expert, but have been to a few tribunals and this is my experience. Firstly don't dwell on the GP. You're totally justified but is it helping? Having complained about a psychologist it backfired big time. Could it be better focusing on other things to help his case? Secondly, If you think the hospital records will support his case might it be worth getting them anyway?
Thirdly, The tribunal are looking for information, so a letter written by you or him and taken along and handed to the clerk is likely to be accepted.

A well thought out letter, any new reports or evidence you can get,like from the pain clinic could the the way to go, and maybe to see if you can find a more sympathetic adviser? Looking through the DLA application guide on this site might help as a reminder of what's important. I know there's a lot of pages, but maybe if your brother just printed out the 4 main points it might help him focus on what he needs to do.

It's so sad that people are being put through this, and people who are there to help don't always help at all.

I wish you well.

Mo

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13 years 11 months ago #17857 by Lorraine
Replied by Lorraine on topic DLA Tribunal
Hi,

Still do not have a date for my brothers tribuanl for DLA after being turned down flat after 7 years of high mobility and middle care.

He is going to attend of his own, but with this bad pain (he is on morphine), memory probs due to pain and medication he will forget the major things he wants to get across.

Does he:
A: Give out a letter to the panel at the beginng of the tribuanl outlining what he wants to get across.

OR

B: Have cards with things on to remind he want he wants to say?

Which will look better on his behalf. I hope the giving out the letter as the beginning as he then just has to answer quetions and hopefully they will have all the relevant inforamtion in front of them.

Thanks

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13 years 11 months ago #17878 by Steve Donnison
Replied by Steve Donnison on topic Re:DLA Tribunal
Hi Lorraine,

I can't see any reason why he shouldn't do both.

Good luck,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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