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Diagnosis change
- melrose
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13 years 6 months ago #56672 by melrose
Diagnosis change was created by melrose
I am in the middle of a Tribunal for DLA, I went a month ago but they noted that an independent medical had not been done so suspended the matter till one had been done Anyway, Ive got the medical tommorrow but my question is not about that.
I have Chronic Chrons Disease and have been told in the past that I have Chrons Related arthritis. Now however, as I dont often get swelling but I do get a lot of joint and muscle pain, as well as feeling floored with exhaustion, my hospital Consultant is referring me to a rheumatology specialist as both he and my doctor think I have fibromyalgia. I need to know if they decide that I have Fibromyalgia and NOT arthritis does this make any difference to the Tribunal? Can they say for instance that I need to reapply as my diagnosis is different although the symptoms are pretty much the same for each condition except for swelling? Is there a relevant part of the guidlines or legislation that is relevant to this (as if they shouldnt abandon it but try to, we can reply with the relevant guidline or section of legislation)?
As my consultant said, its wont make any difference to how you feel its just I shall need different medication.
Thanks in advance.
I have Chronic Chrons Disease and have been told in the past that I have Chrons Related arthritis. Now however, as I dont often get swelling but I do get a lot of joint and muscle pain, as well as feeling floored with exhaustion, my hospital Consultant is referring me to a rheumatology specialist as both he and my doctor think I have fibromyalgia. I need to know if they decide that I have Fibromyalgia and NOT arthritis does this make any difference to the Tribunal? Can they say for instance that I need to reapply as my diagnosis is different although the symptoms are pretty much the same for each condition except for swelling? Is there a relevant part of the guidlines or legislation that is relevant to this (as if they shouldnt abandon it but try to, we can reply with the relevant guidline or section of legislation)?
As my consultant said, its wont make any difference to how you feel its just I shall need different medication.
Thanks in advance.
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- Chris_63
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13 years 6 months ago #56679 by Chris_63
Replied by Chris_63 on topic Re:Diagnosis change
Hi Melrose
My understanding would be that your tribunal will be based on evidence and medical reports that were available when you made your appeal request.
Once this is resolved I guess you can submit further evidence to back up a change in circumstances and ask for a supersession of your DLA award.
As you have said in your post your doctors don’t think a different diagnosis will change how you feel, and possibly what you can or cannot do, but you will be taking different medications, which may have different side effects etc.
It is always good to keep the DWP up to date with new developments, but if these do not have an impact on your day to day difficulties then your claim should remain unchanged.
As with all things DWP related, giving updates always runs the risk of re-opening the decision.
It’s a difficult balancing act for sure! Good luck with your tribunal
My understanding would be that your tribunal will be based on evidence and medical reports that were available when you made your appeal request.
Once this is resolved I guess you can submit further evidence to back up a change in circumstances and ask for a supersession of your DLA award.
As you have said in your post your doctors don’t think a different diagnosis will change how you feel, and possibly what you can or cannot do, but you will be taking different medications, which may have different side effects etc.
It is always good to keep the DWP up to date with new developments, but if these do not have an impact on your day to day difficulties then your claim should remain unchanged.
As with all things DWP related, giving updates always runs the risk of re-opening the decision.
It’s a difficult balancing act for sure! Good luck with your tribunal
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- originaldave
13 years 6 months ago #56682 by originaldave
Replied by originaldave on topic Re:Diagnosis change
DLA is based on your needs, many people get DLA and the people and the Drs dont know the cause of the illness.
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- melrose
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13 years 6 months ago #56738 by melrose
Replied by melrose on topic Re:Diagnosis change
Thanks for the replies, much appreciated.
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