Neurosurgeons-why are they so secretive? dla-pip

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Hi All,

Perhaps secretive is not right word,  obstructive, uncooperative, why don't they explain the whole operation procedure, instead of bit by bit.

I was shown my mri scan level by level  of my cervical spine. It showed disc bulge, erosion and bone spurs growing inside my spinal canal and growing into the spinal cord. I would need at least two operations. One from the front of neck to correct a root nerve affecting my left upper arm,hand and fingers. Then,about  six months later from the back of neck to try to reduce bone spurs inside spinal canal and relieve spinal cord. A much trickier operation with 50/50% chance of paralysis and infection with possible bowel and bladder loss. I agreed to have the operations there and then, even signed the forms of consent.

However, because of many problems I never had the operations. I have asked repeatedly, by letters and phone calls for a medical  description of my cervical stenosis with spondylosis and radiaculopathy  and bone spurs inpinging the spinal cord. But,  each and every reply has only addressed the cervical fusion at c5-c6 level. I phoned his secretary last week politely demanding a full description of my cervical problems which now include full fusion of c4 5 6 7  and bone spurs removal only to be emailed saying that as I require this information for my dla to pip assessment the dwp  must contact him direct requesting this information and it must be addressed to the neurosurgeon personally. I have repeatedly offered to pay the going rate for this information. I had to send the forms off without this crucial evidence.

Mike

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  • Posted

    Hi Mike I'm afraid you cannot force the surgeon or any member of your medical team to produce documents to back up your claim if they refuse to.

    I have any available reports cc to me but they don't go into any details that explains how it effects me, just the actual physical defects it produces.

    This doesn't actually gain anyone a pip benefits as it's all down to you proving how it impacts on your daily life.

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  • Posted

    Hi mike under the Freedom of information act they cannot refuse to send you copies of your medical records. As far as sending them so that people can undrstand them is another story ! We all know that doctors have their own language. However The Dwp are probably use to deciphering doctors writing.
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    • Posted

      Hi Michelle yes he can have all the communications that are written about him but this will not give the DWP any information regarding how his diagnosis effects him which is actually what he's looking for.

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  • Posted

    Hi Mike,

    Yes, i agree with Alexandria, you can not force a Consultant or GP to go into any further detail than is totally necessary. They can't of course refuse you any of your medical records but in this case it's completely different. A Consultant or a GP really doesn't have any time to do anything more than they need to.

    Having said that anything that a Consultant would write wouldn't tell the assessment providers exactly how your condition affects you because a Consultant wouldn't know, unless of course you tell them. Two people can have the exact same condition but there's a high chance that they'll both be affected differently.

    Sending the evidence you already had backed up with maybe a letter from someone that knows you well, stating exactly how your condition affects you and/or a diary written by yourself would have been more than enough.

    Sometimes it's not always possible to have medical evidence that will go into details about how a person is affected by the condition. Even if the assessment providers did contact your Consultant he/she most likely still wouldn't go in the specific detail, if you see what i mean.

    I know it's a worry but try not to get too stressed by it all and yes i know how difficult that is too, but stressing won't get you any further. Hopefully a decision will go in your favour. Let us know the outcome. Good luck.

     

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  • Posted

    My understanding is that you are entitled to this information and they do not have to know it is for dla or pip purposes.

    Of course once you have told them that it is for dla or pip purposes then you cannot force them to give the information to you.

    My advice to you would be not to disclose to them what you want the information for.

    I think the dla or pip rarely ask for this evidence because it is not going to go in their favour.

    Sarah

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    • Posted

      As I said before Sarah in my last post, you will be given without and trouble all the medical reports that your consultant/GP has available regarding your diagnosis, none will refuse you this, infact your GP will have all these, but what they want do is a report for DLA or PIP confirming how your disease effects you daily because they will not commit to that as it would mean they would have to say that they would be willing to go to tribunal and testify on your behalf.

      Obviously if you're bed ridden and cannot move them I'm sure someone could put this in writing for you, probably all your carers etc.

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    • Posted

      No, they wouldn't have to go to Tribunal to testify on anyone's behalf because Tribunals for PIP and ESA are not like that. The reason Consultants/GPs will often refuse to write a letter explaining how someone's conditions affect them is because....

      1/ they don't have the time

      2/ The only possible way that they could know how your conditions affect you is if you told them. They don't know you personally and won't commit to this sort of thing.

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    • Posted

      Yes anyone is entitled to see their medical records but as already stated Sarah a lot of GPs/Consultants won't commit to writing these sort of letters.

      The reason GPs/Consultants are rarely contacted is because the health assessment providers don't have time to contact every claimants GP/Consultant. If they did this the backlogs would be even longer than they already are. It's not DWP that contact people, it's the health assessment providers. The onus in always on the claimant to make sure evidence is sent.

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    • Posted

      My chiropodist, my support worker my warden and my audiologist all wrote me letters of support which I sent in with the PIP form.

      Sorry but if they have got time to do it so has anyone else.

      My consultant urologist wrote an excellent letter of support for me when I had to get funding from Powys health board to be treated in England. These things can be done it is a question of prioirites.

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    • Posted

      Well i'm sorry but not every Consultant/GP/Support worker or anyone professional for that matter will agree to write letters for people.

      Supporting letters for a benefits claim isn't priority. A lot of them will state that if evidence is needed then they will contacted, we all know that this is very often not the case. They are very rarely contacted.

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  • Posted

    Hi,

    Thanks for your replies.

    I suppose I am worrying over nothing. It just seems that if your telling someone, who does not know you, that you have multiple complications with gait, balance, movement associated to your medical condition, they will ask you to provide proof of the condition, rather than take my word for it. Perhaps I am confusing dla  and pip  again.

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    • Posted

      Nope you don't need proof of the condition, because PIP isn't about that. PIP is totally about how those conditions affect you. A claimant can have several diagnosis's of different conditions but it totally depends on how those conditions affect you. If those descriptors don't apply to you then you won't score the points for the award.

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    • Posted

      This is where we differ in our concept or explanation as to how it works, if i read that and I had self diagnosed myself with say fibromyalgia I would presume I could just claim it even without any written proof from any medical professionals, this I know is not possible as I have actually spoken to claiments who did exactly that and where refused it.

      As we keep pointing out neither of the companies carrying out the assessments make any effort to gather information to support the claiments claim.

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    • Posted

      What i said what you don't need proof of the conditions meaning a diagnosis, and it's true you don't because PIP isn't about a diagnosis. Proof of how your affected by those conditions will get the award. It's absolutely pointless in sending in evidence that states miss x has Fibromyalgia or a learning disability, or even a heart condition because everyone is affected differently by these.

      Like i keep saying a diagnosis means absolutely nothing because we're all affected differently.

      When my daughter claimed PIP last year the only official diagnosis she had was her social anxiety disorder. Yes she did have assessments of various other conditions but no other official diagnosis. I did have reports from CAMHS and the community learning disabilities team but nothing in writing about a diagnosis because the assessments were still on going. Around 9/10 weeks after i applied the decision was made and she was awarded Enhanced for both parts.... proof is right here that NO diagnosis is needed. It wasn't until after her assessment that she was diagnosed with a learning disability( no proof of this was sent)  and very recently ASD (Autism)

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    • Posted

      Also like i've told you before i've only ever heard of one person that claims they were awarded PIP and they sent in no evidence at all, personally i didn't and still don't believe them.

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