Another worrying trend which has emerged relates to the use (or rather misuse) of referrals to Medical Services for advice on DLA/AA claims. I would go so far as to say that nearly all the appeals I deal with now contain advice from medial services.

There are two issues with this. Firstly, DMs are asking for advice from medical services where client's difficulties are clearly detailed on the claim forms, and backed up by supportive medical evidence e.g. factual report. The referral usually asks something along the lines of "Do you think this level of care/mob. needs are consistent with this medical condition". Reply comes back "No" though obviously with more detail than that. DM then uses this to refuse claim!

The second issue, is that the advice from medical services proforma is completed entirely by the DM! So it is in effect third hand evidence. What weight would a tribunal give to a letter from me, saying I've spoken to Mrs X's GP and they've said she's got problems with a, b, and c? Very little I would imagine.

Have others noticed this, and if so how are you tackling it?

I had one of these and the DM had been very selective about the evidence it provided to the Medical Services, effectively leading them to only one conclusion.

Suggest you check that they have provided all the supportive stuff as well as anything unhelpful when checking what MS advised.

Shona

Speaking to a presenting officer at a tribunal the other day, he said in the good old days the DM's were allowed to apply a modicum of common sense in relation to the medical evidence with the claim. Now they have to dend the file to medical services for an opinion. Then their hands are tied because of the opinions they get back.
If you send in further medical evidence at the reconsideration stage they will refer the file again to medical services to see if the opinion can be changed.
Nb; Medical services are supposed to be independant.