DLA: Time limits on medical evidence used by DWP

Our client’s application for DLA was processed 25/10/11 and the DWP have used a GP’s report dated the 5/4/11, based on seeing our client on the 18/2/11, and a hospital report dated the 10/5/11 based on seeing our client on the 21/3/11.

Her application was turned down.

Are these medical opinions out of time?

Not necessarily.  If the claimant is saying that there has been no change in the intervening period then it might be good evidence.  If he says there have been changes then it might not be.  Other factors will weigh.  Intervening medical procedures, changes in medication, clinical changes that haven’t made their effects known yet, etc.  Each case has to be investigated on its own facts.

I agree with Nevip here. I ask for DLA revisions frequently and i am sick of arguing with DBC that a 9 month old report can still be valid.

The annoying thing is that when a DLA claim gets turned down the reasons given are often :

...we made the decision based upon the following :

1) the information on your claim form

2) the ESA50 questionnaire you filled in (10) months ago

So they can use dated medical “evidence” when it suits them but refuse to consider it when it doesnt.

Jobcentre Plus and the DBC - Don’cha just luvvem!

I agree- it’s the ‘having your cake & eat it’ when it suits them approach that’s so irritating.

I have a client who lost his DLA on renewal. The decision was made based on a WCA assessment report from over 2 years ago. If we had submitted evidence from that long ago I am certain they would have discredited it.