- Posts: 52
× Members
DLA Home visits
- Carol Devereux
- Topic Author
12 years 1 month ago - 12 years 1 month ago #101250 by Carol Devereux
DLA Home visits was created by Carol Devereux
Good afternoon,
I was wondering whether anyone could offer me some advice please, we received a letter yesterday 19th March from DLA advising us of a home visit, due to the fact we are having on going dispute over my husband's renewal claim form for DLA, he was awarded highest rate mobility and highest rate for care, now all of a sudden, although his conditions have deteriorated over the last 12 months quite badly, that our G.P has changed his medication for pain management from tramadol to 2 types of morphine (Oramorph 10mg/5mls up to 4 times a day and Zomorph capsules modified release) upped from 1 twice a day to 2 twice a day, plus he is seeing the doctor regularly so that he can oversee his conditions. he is also on other medication for other issues that he is suffering with. we received a letter today 20th March advising us that the visit would take place tomorrow 21st March, can I ask what we can expect,is there likely to be any nasty surprises in this meeting.
the resultof the renewal was that they used a very floored medical report as evidence along with the renewal form and extra letters from consultants, G.P and extra evidence from us, It might be worth mentioning that the original decision was overturned in the begining from not entitled to the results listed above and now they have used the same information to overturn the decision again so we have asked for an independant tribunal at our local office (because he cannot travel to Ashford without being in severe pain and discomfort as we have to travel by trains and buses and he pays for this for the next 2-3 days) this visiit seems to have been as a result of the our request, I would be grateful for any advice you can give me please.
Kind regards
[removed]
I was wondering whether anyone could offer me some advice please, we received a letter yesterday 19th March from DLA advising us of a home visit, due to the fact we are having on going dispute over my husband's renewal claim form for DLA, he was awarded highest rate mobility and highest rate for care, now all of a sudden, although his conditions have deteriorated over the last 12 months quite badly, that our G.P has changed his medication for pain management from tramadol to 2 types of morphine (Oramorph 10mg/5mls up to 4 times a day and Zomorph capsules modified release) upped from 1 twice a day to 2 twice a day, plus he is seeing the doctor regularly so that he can oversee his conditions. he is also on other medication for other issues that he is suffering with. we received a letter today 20th March advising us that the visit would take place tomorrow 21st March, can I ask what we can expect,is there likely to be any nasty surprises in this meeting.
the resultof the renewal was that they used a very floored medical report as evidence along with the renewal form and extra letters from consultants, G.P and extra evidence from us, It might be worth mentioning that the original decision was overturned in the begining from not entitled to the results listed above and now they have used the same information to overturn the decision again so we have asked for an independant tribunal at our local office (because he cannot travel to Ashford without being in severe pain and discomfort as we have to travel by trains and buses and he pays for this for the next 2-3 days) this visiit seems to have been as a result of the our request, I would be grateful for any advice you can give me please.
Kind regards
[removed]
Last edit: 12 years 1 month ago by Gordon.
The topic has been locked.
- sarahjane
- Offline
Less More
12 years 1 month ago - 12 years 1 month ago #101256 by sarahjane
Replied by sarahjane on topic DLA Home visits
my personal experience my home visits have been ok.
Last edit: 12 years 1 month ago by . Reason: Tick.
The following user(s) said Thank You: Carol Devereux
The topic has been locked.
- Gordon
- Offline
Less More
- Posts: 51284
12 years 1 month ago - 11 years 11 months ago #101259 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Home visits
CP
I notice that your forum name may also be your real name, if you want to change this, follow the instructions in the following FAQ
My full name is showing, how can I stop it?
It is not clear from your post whether this visit is to hold another medical for your husband or whether it is someone from the Disability and Carers unit who is coming?
If the former then the following explains what to expect
DLA medical examination
If the latter, then to honest, I do not know why they would be visiting you, especially if your case has been passed to the Tribunal Service for an appeal
You say your husbands condition has deteriorated over the last 12 months, but it is not clear when the original renewal was done? If it was before his condition deteriorated, then this worsening cannot be considered by either the Decision Maker or any Appeal panel.
I am sorry that I cannot be more help at the moment, but there is insufficient information in your post.
Gordon
I notice that your forum name may also be your real name, if you want to change this, follow the instructions in the following FAQ
My full name is showing, how can I stop it?
It is not clear from your post whether this visit is to hold another medical for your husband or whether it is someone from the Disability and Carers unit who is coming?
If the former then the following explains what to expect
DLA medical examination
If the latter, then to honest, I do not know why they would be visiting you, especially if your case has been passed to the Tribunal Service for an appeal
You say your husbands condition has deteriorated over the last 12 months, but it is not clear when the original renewal was done? If it was before his condition deteriorated, then this worsening cannot be considered by either the Decision Maker or any Appeal panel.
I am sorry that I cannot be more help at the moment, but there is insufficient information in your post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by .
The following user(s) said Thank You: Carol Devereux
The topic has been locked.
- Carol Devereux
- Topic Author
11 years 11 months ago - 11 years 11 months ago #104956 by Carol Devereux
Replied by Carol Devereux on topic DLA Home visits
Hi Gordon
Thank you in coming back to me, in answer to your questions, some of John's conditions like the arthritis in his knees, lower back and twisted pelvis as the doctor said will only get worse because of the nature of the condition, the medication that he is on just makes his day so hard for him, as he is always tired.
We have the doctors report back and there are several points where he contradicts himself over certain points that we made to him at the appointment where we made it plain on how much help I have to give John in support of things that he can't do (to many to mention) I can elaborate if you need me to and then there is a check list at the end of the report, every section has been ticked as not needing assistance, can they please use this report in their case?
Kind regards
Cornish Pysky
Thank you in coming back to me, in answer to your questions, some of John's conditions like the arthritis in his knees, lower back and twisted pelvis as the doctor said will only get worse because of the nature of the condition, the medication that he is on just makes his day so hard for him, as he is always tired.
We have the doctors report back and there are several points where he contradicts himself over certain points that we made to him at the appointment where we made it plain on how much help I have to give John in support of things that he can't do (to many to mention) I can elaborate if you need me to and then there is a check list at the end of the report, every section has been ticked as not needing assistance, can they please use this report in their case?
Kind regards
Cornish Pysky
Last edit: 11 years 11 months ago by Gordon.
The topic has been locked.
- Gordon
- Offline
Less More
- Posts: 51284
11 years 11 months ago - 11 years 11 months ago #104963 by Gordon
Forgive me, but it is not entirely clear from your latest post, which report you are talking about, is this the original one that you mentioned in your post from two months ago, or was a new report produced following the visit?
As the forum is now closed I will try and give some advice but I am limited due to the information available.
If this was the original report, which you suggest was from an earlier claim and was overturned by a Tribunal Decision, then you can argue whether it reasonable for the DWP to continue to use this in the light of more up to date medical information. However, if you are successful then I would expect the Tribunal panel to order a new medical be carried out, as they will still require an independent report to be available.
If this was a report generated from the visit, then the DWP and any Tribunal are entitled to use is a evidence, you need to show that the contents are inaccurate and are not reflective of your husbands conditions.
A word of comment on re-reading your posts, you have concentrated on his conditions and the level of pain that he suffers, whilst important, he will only win his claim by explaining his care and mobility needs. It is perfectly possible for someone to have high levels of pain but still have no care or mobility needs.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Home visits
Cornish Pysky wrote: Hi Gordon
Thank you in coming back to me, in answer to your questions, some of John's conditions like the arthritis in his knees, lower back and twisted pelvis as the doctor said will only get worse because of the nature of the condition, the medication that he is on just makes his day so hard for him, as he is always tired.
We have the doctors report back and there are several points where he contradicts himself over certain points that we made to him at the appointment where we made it plain on how much help I have to give John in support of things that he can't do (to many to mention) I can elaborate if you need me to and then there is a check list at the end of the report, every section has been ticked as not needing assistance, can they please use this report in their case?
Kind regards
Cornish Pysky
Forgive me, but it is not entirely clear from your latest post, which report you are talking about, is this the original one that you mentioned in your post from two months ago, or was a new report produced following the visit?
As the forum is now closed I will try and give some advice but I am limited due to the information available.
If this was the original report, which you suggest was from an earlier claim and was overturned by a Tribunal Decision, then you can argue whether it reasonable for the DWP to continue to use this in the light of more up to date medical information. However, if you are successful then I would expect the Tribunal panel to order a new medical be carried out, as they will still require an independent report to be available.
If this was a report generated from the visit, then the DWP and any Tribunal are entitled to use is a evidence, you need to show that the contents are inaccurate and are not reflective of your husbands conditions.
A word of comment on re-reading your posts, you have concentrated on his conditions and the level of pain that he suffers, whilst important, he will only win his claim by explaining his care and mobility needs. It is perfectly possible for someone to have high levels of pain but still have no care or mobility needs.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by .
The following user(s) said Thank You: Carol Devereux
The topic has been locked.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
Less More
- Posts: 2076
11 years 11 months ago #104965 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA Home visits
The majority of medicals for DLA are carried out in the claimants home, whilst with IB/ESA claimants most have to attend a Medical Examination Centre (MEC) This is because many DLA claimants suffer from a number of diseases and/or disabilities that would make it impossible for them to attend an MEC for examination and assessment
This is based on over 20 years working as a Welfare Rights Lawyer, and over 10 years as the Disability Specialist on DLA Tribunals.
Any advice to the contrary is incorrect.
This is based on over 20 years working as a Welfare Rights Lawyer, and over 10 years as the Disability Specialist on DLA Tribunals.
Any advice to the contrary is incorrect.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Carol Devereux
The topic has been locked.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David