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Medical Reports, Mental Health, DWP & your doctors. - PLEASE READ THIS

03/05/2008

 As you may have gathered from previous posts.  I have been greatly concerned that during the review process. If you list several specialist consultants that deal with other medical issues you have developed alongside or by virtue of your HIV, especially mental health issues. The DWP typically only approach your HIV Consultant. Where they will not wait for this report they may approach your GP.  Therefore only one aspect of your health is evidenced.

I was also concerned. Minded of the DWP guidance & that Mental Health issues were seemingly being ignored.

In my case. I have engaged in correspondence questioning the DBD551 I submitted. Specifically how or why a decision could be reached without medical reports covering ALL my health issues from ALL my consultants.

The response states;

"..... decisions are made based on a persons mobility and care needs and not the disability itself"

so why require any medical report if it is not required to reach a judgement on entitlement?

it then continues;

"You state that I implied that mental health would not be considered part of your current disabilities - this was not my intention.  It is fully accepted that the facts you present with regard to your mental health are accurate and correct.  You are quite right to say that not to approach other consultants you have mentioned would not give a complete picture of your HIV."

The Decision Maker then states she is to seek additional medical reports from my other consultants.

Why is this important?

Your HIV consultant or GP may refer you to other specialists, including mental health, that have more direct knowledge, history & understanding of additional illnesses you experience.  They will of course be keeping your referring medic up to date. Though in my experience this is usually by letter and in very general terms.

Where a decision made has been made on the strength of a GP report only or your mental health or any other health issue you feel has not been properly evaluated.  You may want to consider the above.

Apparently my original DS1500 was supplied from the St. Peter's Clinic. This is worrying as I have never been to any clinic of that name and checking my copy of that document it is not mentioned.  This being one of several errors that, as you can imagine, is generating more correspondence.

I also mentioned in my previous letter. An error made on the medical report submitted, no fault of my current consultant, relating to my date of diagnosis. I wrote asking for this data to be corrected under the obligations of the Data Protection Act. I also copied this to my clinic for correction.  The response implies that the DWP will not be changing this. That I should write to my clinic. So whereas this has been done and the error raised and changed. The DWP will not be asking for another medical report nor changing existing data.  A complaint to the Information Commissioners Office I think now.

As I am completing my DLA556  I am concerned that information I am providing is not being treated correctly or in fact that the information is accurate.


DWP Medical Reports

Hey thanks for that informtation it will prove very valuable to me in my appeal against the tribunal decision not to give me DLA.

They have indeed failed to contact anyone other than my GP and she is not able to give them accurate information on all my current medical problems and this information will now aid me in my challenege against there current decision being unlawful

GOT ONE TOO

Hi there,

 

I got one of these too in the last few days and am really worried, can you tell me how you got on in the end?

 

I am seewing my consultant tomorrow, and have the same probelm with many health care concerns but not being seeing at the same place

 

Thanks

 

Response

In the case quoted, the claimant was successful on the basis of the technical nature of the failure to follow due process and consideration.

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