I have a client who was on higher rate mob and care had a recent renewal and entitlement was refused. Client thinks it is because when the emp came she had just started taking morphine as a pain killer and for a few weeks (4 weeks) she felt a lot better. She still had pain and so mobility problems but not as bad as it was before. Client now says that the effects of morphine are decreasing and higher doses are causing serious side effects.

My question is because the effect of the new medication was only temporary can we argue it should not be taken into account. I have looked up information regarding medication but can only find stuff relating to refusing to take medication.

Any ideas or comments would be appreiciated

The dates you client started and stopped taking the morphine and the date of the EMP visit may be worth looking at. Morphine is, I understand, usually taken for a trial period initially to see how the patient responds. Any chance of any comment from her GP about this? You could make an argument on what would be expected after the trial (if indeed she was being trialled for this). It's what the GP/consultant would have expected over time AT THE TIME.Your window of opportunity is what expectations were and what was known between the date of the renewal application and the date of the decision. Also, tolerance to morphine over time can increase. The dosages used may be of some importance - did it affect her in any other way? *Appeal: Your client has nothing to lose*.

Thanks for that Rob, will look into whether it was for a trial period. Clients tolerance has increased to the drug and higher doses are causing her serious side effects. We should be able to argue that the improvement was just a snap shot.

I put in the appeal in any case.

thanks again....

You may want to use these decisions (nicked from another strand)in any submission. They're to do with available evidence and time frames.


R(DLA)2/01 @ http://www.dwp.gov.uk/advisers/docs/commdecs/01_02/dla_201.asp

R(DLA) 3/01 @ http://www.dwp.gov.uk/advisers/docs/commdecs/01_02/dla_301.asp

There's also a summary of CDLA/1564/04 in rightsnet briefcase.

Thanks again, those will come in useful if i have to argue that the medication was for a trial period which shouldn't be a problem as i have found out that most morphine medication is given as a trial to start with.

thanks for your time, Hannah