Chapter 61 - Medical advice
The handbook
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General information on the likely care and mobility needs arising from the more commonly occurring medical conditions can be found in The Disability Handbook. The handbook is available to DMs. It is produced by Medical Services in consultation with
1. the DLA Advisory Board
and
2. many organizations representing disabled people and health professionals.
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The handbook provides information which can help the DM to understand the evidence provided on claims. It is also useful in helping the DM to decide when and from whom to seek further medical advice. References to the handbook will be made in this Chapter.
Referrals to Medical Services.
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If the DM has difficulty in interpreting the medical evidence the case may be referred to Medical Services for advice. In the event of an appeal, the advice should be put before the tribunal for comment. DMs should consider the guidance in DMG Chapter 03 when giving consideration to a medical opinion. Where the Medical Services advice conflicts with the claimed needs, the DM should consider whether further evidence needs to be obtained.
Note Medical Services have no authority to determine claims and cannot advise directly on whether a person satisfies one of the disability tests.
Before submitting a case to Medical Services, the DM should be clear on why help is needed.
The following are some examples of cases where Medical Services may help.
A discrepancy between the description of the effects of a particular condition in the Handbook and any evidence submitted by the claimant.
Inconsistent statements in the claim pack.
A corroborative statement inconsistent with claimed needs.
A medical condition not appearing in the Handbook.
Prognosis to assist in determining duration of award.
Doubt as to what type of further evidence may be needed.
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Any request for medical advice should normally contain
1. a brief explanation of the problem
and
2. a list of the evidence
and
3. any authorities consulted. All sources of reference should be shown.
This indicates to Medical Services how far the DM has progressed in the investigations.
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The questions should refer specifically to the effects of the medical conditions in each individual case. General inquiries about disability needs arising from a particular medical condition should be avoided where possible. General advice may not always be relevant and may be misleading. Examination and report.
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If the evidence in the claim pack form and advice from Medical Services is still insufficient to decide the disability questions, the DM may
1. request further evidence such as a report from
1.1 the GP's or hospital's records
or
1.2 a consultant
or
2. request a Medical Adviser report.
Failure to attend for examination
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The DM must decide the claim or revise the decision against the person if the DM
1. refers the person to a Medical Adviser
and
2. the person fails to attend for examination without good cause.