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Top Disability related benefits topic #6403

Subject: "Change of Circumstance (again)" First topic | Last topic
jaykay
                              

adviser, penwith citizens advice bureau
Member since
15th Dec 2005

Change of Circumstance (again)
Mon 10-Nov-08 02:42 PM

I've had a late referral for a DLA appeal.

My client has recieved DLA high rate mobility since 1996, which was superseded to include low rate care in 2001. In 2007 he requested a supersession of the care component as his condition had (in his opinion) deteriorated. The result was the loss of his mobility and no increase in his care.

I'm considering whether to argue that there was no relevant change of circumstances. A medical report in 1996 states that his condition is progressive, and his GP notes show that he has had a referral to a consultant and is on increased medication due to a deterioration. Obviously there has been a CoC but if it is a deterioration rather than an improvement is it a relevant one?

The decision was based on two DWP medicals, one of which stated the client could walk 400m, the other that he could walk 200m. I know that I can argue that these are conclusions rather than facts. However the EMPs also assessed straight leg raises - these are 'improved' since 1996 - are these facts or conclusions (the two medicals give different figures)?

The client has made a complaint about the medicals, because he felt that they were so poorly done - one states that he had no tenderness in his back - but failed to notice that he was wearing a support corset.

Any help on what counts as medical opinion and what counts as medical evidence would be appreciated

  

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Top Disability related benefits topic #6403First topic | Last topic