Refused or Appealing DLA Decision/Post here

[clairebear]

Hi everyone
I was awarded DLA - High rate mobility low rate care last August to assess my claim they contacted my GP - This August I was told I was entitled to nothing they assessed my claim using a report from an examination by a Dr at ATOS healthcare which I attended in regards to my claim for Employment and Support allowance. I requested a redecision and this time they have written to my GP and physio (thank goodness) however I have now been waiting 11weeks and during this time I've been without £200 - £300 a month adding stress I could do without! Also due to this examination I was placed in the work group for E & S allowance and when I went to the work training company they sent me home appalled that I was there I was told I was the worst example of disabled people that are now being placed in the work group. I recently found out I was entitled to a copy of the ATOS Dr's report in which she describes me as having hypermobile joints (not hypermobility syndrome) she said that she had that too and showed me her thumb touching her wrist!! I told her that it was not the same but she was too busy reading questions from her computer screen! Her final prognosis was that I had a sore left knee which would settle in six months In fact the whole report is innacurate she assumed I could walk 100m( she saw me walk 15m with crutches) it is appalling that these Healthcare Professionals can write a report about someone even though they are completely ignorant about the persons condition . Since that examination I have been diagnosed with fibromyalgia and struggling with an increase in dislocations and pain I am now using a wheelchair or I could not go out. Throughout all this I have refused to give up and if my DLA is reinstated I intend to challenge the decision on my E & S allowance. I hope everyone struggling to get or hold onto their benefits has the strength to fight on too!
Claire

[star gazer]

Hi Bex, well you survived the medical and you say what will be will be but I just hope he writes an honest report. hopefully when he returns his report to the dm they will see the impact this is having on you. It can be done, I heard yesterday that I have been awarded hrm and hrc, I had to re read three times and even phoned today to check, the letter said they had made a review and decided I should be getting care component too. So hang on in there and go to appeal if needed, hopefully you will not have to go through that. I think that my dm actually read the disability handbook because it was a complete turn around from January when they said no care at all.
I am going to send you a pm
love star gazer xx

[sheppeyescapee]

That's great news SG. I'm awaiting my decision at the moment so am rather worried about it.

[trekster]

Pleased it worked out for you stargazer, good luck sheepyescape.

[Superstottie]

Thanks SG, have replied to your PM! Its really good news about your care compnent, that will make a massive difference to your life I bet! And what a super quick decision, I hope the same DM is looking at my case!! I think I would hit the floor if I get that sort of decision!

Good luck Sheepey, and to anyone else going through this HELL at the moment!!

Bex! x x x

[trekster]

I'm wondering whether to appeal my mobility component so I can get the higher rate.
Would I be turned down as I live in a 1st floor flat?

I can walk about 1/8th km maybe less before my ankle gives way.
I dont think my physio would support a higher rate mobility DLA though.

I am now unable to go to bed without prompting, unable to eat regular meals,
unable to wash my hair and the pain of my legs is severe when I haven't used my wheels.

[DeeNJai]

Its the way the disability affects and not what you have. You could tell them that your needs have changed and you feel that you need the apply for the mobility part. They will send you a form for the mobility part.
Dee

[star gazer]

Thankyou for your kind words, as I didn't get the care component in January although I thought I was entitled I was too scared to appeal for fear of losing the mobility as that pays for hospital travel prescriptions mobility aides etc. so it was quite a shock to see it had been awarded, I put in the same info as last time about how i cope or don't cope with care side of things, but this time also put in an overview of each issue I have linked to the eds ie: bowel probs, balance,falls, moving about inside the home use of bathroom etc difficulty swallowing and then listed all probs I have linked with PoTs ie syncope balance falls tachy breathlessness chest pains etc plus two other neuro medical conditions not linked to eds & pots (tumour on optic nerve which affects depth perception and vestibular disorder from damage caused by radiotherapy) with this overview I was able to show how each thing affected me individually and also how each thing also crossed over and how they impacted on my own ability to manage certain tasks.
When my first claim for dla was refused (sept 2010) I was advised by the lady at the dwp to just re apply and not bother with appeal and that is what I did in Jan 2011 but this time with the support of B&W. I think for all of us we sometimes get so used to dealing with our problems that we become blind to them and what we see as normal is infact not normal, I had to take a big step back and really look at the impact on my life, it was a very depressing four weeks of form filling this time round and I was hell to live with almost going into total rebellion against all that caused me to be ill, pushing beyond the limits and then having a real crash. The letter they sent did mention that they had used prof grahams letter as evidence along with g.p and previous atos medical for esa which was last november. But I also think the bottom line could have been having a decision maker who took the time to look at the evidence and also read the disability handbook.
Sheppey I know you were doing your forms at the same time as me so hopefully you will hear soon (yours was renewal too wasn't it) one of the letters I had was it could take upto 11 weeks but I hope not that long for you.
Keep strong all of you, I will be thinking of you all with positive thoughts and sending gentle

[Superstottie]

Forgot to say that I got a letter yesterday from DLA saying sorry they haven't given me a decision yet, but they will get back to me soon! Hoping this means that they will look at it as soon as they get the doctors report back and put me out of my misery!! Off to watch the Panorama prog from last night about benefit frauds to cheer me up!!

[trekster]

Thanks for your support folks, I am considering updating a change of circumstances.
The problem is my flat is upstairs and there is no lift will this go against me unless i
just dont mention it?

[Rosie]

Hi trekster

The questions on the DLA form are about how your condition affects you and have nothing to do with what floor you live on.
I was awarded high level care and high level mobility when I was was working full time. I worked on the first floor. Some days I didn't go to work because I wouldn't be able to get up the stairs.
Just be totally honest on the forum about how your HMS/EDS-H affects you. If you find it difficult or painful to go up or down stairs the say so, detailing where it hurts and what you have to do to go up or down the stairs, (e.g. on your bum or on all fours, whatever you do) whether you sometimes stay indoors because you can't manage the stairs etc.
I haven't seen a form recently so I am not sure exactly what the questions are, but just be honest and goive as much information as you can.

Rosie

[trekster]

cheers Rosie, i will put in that im going to have to move due to my inability to safely manage the stairs (because i trip easily)

[Superstottie]

Well I am still waiting, so much for hoping that I would hear quickly seeing as they sent me a letter apologising for not giving me a decision yet!! I did get a bit panicky this morning as I returned from the GP to see a big brown envelope on the mat, with DWP return address on the back, but turned it over to find it addresses to Hubby, more rubbish from the jobcentre!! I just wish they would put me out of my misery, especially as it will probably be a no, as I would like to start the appeal process!

[zornna]

just starting my appeals process as I've been turned down again for DLA. I was awarded ESA im July after an ATOS medical. I got the brown evelope of stuff they had used to make there desision this afternoon and have had a interesting afternoon reading my ESA medical! the amount of in accuracies in it is unbelieveable starting with the misspelling of my name, through walking the 3 miles to the medical centre and finishing with describing me as avarage build (might pass this on to gp get her of my back about lossing wieght ) I am shocked to find that dispite my ankle joint subluxing I am not at risK of falls, in fact i am surprised i was ever awarded ESA in the first place. tomorrow I will be writing a long statement of reasons why i disagree with the decission not looking forward to it knowing i'll pay for the lenth of time spent typing I am so fed up of having to fight for every bit of help but i am unwilling to give up these people should realise that for the majority of us its not about the money but about the extra help that money would get us i'd be happy if they kept the money but got me someone to help do all the jobs i need to do everyday to keep my home running

[Superstottie]

Good luck Zornna! It's totally draining going through all of it, and like you I am not bothered about the money! I would be quite happy if they said yes your entitled but we wont pay you anything, as it would mean that my Hubby wont be forced into work and me have to get others to help me and to care for my kids, and I could get a parking space outside my house as the local authority insist that you have a blue badge and HRM!! I would also be happy if they supplied me with a cleaner so that I could save the little bit of energy I have for fun stuff with the kids! I am so tempted to give up if I don't get it and just go for me claiming ESA, but I know that this would be a big fight too, and still probably be told that I am perfectly healthy and fit for work!

Did anyone else see this http://www.dailymail.co.uk/news/article-2060067/Disabled-benefit-Just-form-200-000-got-handouts-year-face-face-interview.html If only it were that simple?? They make out that you can fill out the forms (full of lies if you want) and get given thousands of pounds!! I personally think that the gov are behind all these stories to try and get the public to support the cuts they are making to the benefits system!