Refused or Appealing DLA Decision/Post here

[star gazer]

Hi zornna, welcome, As you have your appeal underway you may not need the info I am about to type but have you had a look at the benefits and work website, I found the info really helpful when i was refused first time for dla, look at the appeals info as you only have a short window of time to appeal and if you ask for an appeal they have to review your application again anyway and you will be able to send in more supporting evidence. Good luck with your appeal, and let us know how you get on.
supperstottie, do not throw the towel in you have a right to this and it is blooming hard I know I wanted to give up too, but the fact that you have not had an outright no yet might be a good sign, the letter you have is a standard computer generated letter, I got one the day after I was told about my award so I phoned to double check which was the correct letter, man said first letter was from dm and confirmed award, second letter was computer one and is standard when things are taking time (it did say on the same letter "up to 11 weeks"). Just hang on in there.
best wishes
sg x

[Superstottie]

Well I got my decision, but I am still on this thread! They have awarded me LRC only as they say all I need help with is using a cooker, and getting out of bed, getting up stairs and using a bath. I am able to walk over 200m, manage my toilet needs, dress, get in and out of a chair, move about indoors and the one I like best - take part in social activities!!!

BUT - I have been awarded the LRC for an indefinite period, which I suppose doesn't mean that much as they are scrapping DLA in a few years time anyway, but they have acknowledged that my problems aren't going to get better!

Think im a bit in shock right now, don't feel angry or upset or anything yet! Oh well, is the helpline open today? Going to request all the info they have and then write my appeal letter!

[star gazer]

Hi supperstottie, did you get mobility as well? lrc seems a bit low for your needs, 200m is quite a long walk, are you able to do that without pain or discomfort? and how did they get to that figure,. what are you going to do, ask for a reconsideration and include more evidence, or go to appeal where they will have to do a reconsideration anyway. Do you still have access to B&W?
love star gazer x

[Superstottie]

Hiya StarGazer, I got no mobility! I have no idea where they got that figure from, all I can think is that the doctor who came out has decided that as he made me walk into the kitchen and back that I am able to manage around the home, and they them see this as being able to walk over 200m. What he obviously failed to mention is that from my chair to the kitchen is only about 5m! I usually only walk from my seat to the toilet which my hubby has measured as being 8m away! My house is so tiny that I don't think it would actually be possible to do 200m, especially as he knows I do not go upstairs, except for a bath every 3-4 days!! I did say to him that on a very good day I could probably manage to get to my sisters house which is 50m away. I cannot walk AT ALL without pain and discomfort, hence why I use crutches and a wheelchair! I have no idea what to do now, I am tempted to give up and see if the local authority will give me a parking space outside my home without getting HRM, and I will claim ESA so that they can't force hubby into a job leaving me unable to cope. But another part of me thinks that I should fight for what I am entitled to! I am going to ring up on Monday and ask for the information they used, to see if my GP cocked it up for me! If it was based on the EMP report then I will fight it as he was here for less than 45 minutes, spent 5 of those asking about the best way to get home, and his test for Orthostatic Hypotension was seriously flawed! I would ask them to decide who is more likely to know my needs, my GP who I have seen for many hours, or the EMP who barely saw me for 45 mins? I have access to the B&W, and I downloaded most of the stuff anyway! I am just so sick of this now, I thought the Disability and carers service was supposed to help disabled people, not treat them all like fraudsters and put them through hell! I think that everyone who gets an award significantly increased after appeal, so a HRM and MRC or higher after no award, should put in a formal complaint about the fact that the DLA are obviously making serious mistakes. I think that the DM should then be investigated and their decisions scrutinised, maybe then they would get a taste of what we are put through! They should also be financially penalised for mistakes!

[star gazer]

Hi superstottie, I can't remember the names or numbers of the forms you need to request from dwp (copies of your medical etc) but I think there are about three different types of evidence you can request from them which include a copy of your g.p report, a copy of the emp report and perhaps on other but not sure. check on B&W when the boards open again on monday morning.
best wishes
sg x

[zornna]

hi guys
I have looked at the benefits and work web site unfortunatly I just can't afford the membership fees (way too close to xmas ). I am going to ring my local disability welfare office on monday and see if they will be able to help me, and my ex is going to take me to the cab on wed as its too far for me to get to alone.
I spent most of the day pick out the issues with my esa medical wow there are a lot, some of which even made me chuckle. the woman who did the medical had no clue about bjhs, misquoted things i told her and even lied about the length of time I was in there, tho the best line in the whole medical report has to be "goes to the local shops alone, but accompianied."
I have also written to my phisio to ask her to write me a report about my medical issues and problems but not sure whether to ring my rhumy and ask him for one too I've only ever seen him once, he didn't seem to understand the problems I have, at one stage telling me eventually everything would stiffen up like it was a good thing and I've gotten worse since then

[star gazer]

Hi zorna, I think it would be a good plan to itemise each point and next to it write why you don't agree and then if you can back it up with evidence as to why. On the B&W site even if you can't afford to join you can still sign up for emails of tips which is free, I remember getting some useful info from that method also there is a reasonable amount of info in the non members bit.
I hope things go well for you at cab one of the things recommended is the support of cab or welfare rights is you are having to appeal.
best wishes
star gazer

[Superstottie]

Zorna, I did exactly what Stargazer suggested when I requested my reconsideration. I wrote down each point on a piece of paper, the listed what was wrong with it, then what evidence I had to prove it was wrong. I then compiled my letter setting out each point separately. I think I made it nice and clear to them which points were wrong and why. I also asked them to remove the Healthcare professionals advice from my file as it was totally wrong and also went against the rules set out for such advice, and it was removed for my reconsideration. It would be great if you can get some help from CAB or disability advice people if you can't get access to the B&W guides. Just be aware that they can be pretty hard to get hold of as they are very busy these days!!

They have also decided that I am not at risk of falls, wish someone would tell my body this!! I have even broke a set of crutches falling!! Good luck with your appeal, and I guess we can keep each other supported through it!!

Bex! x x x

[barkingmad]

Dont forget you can challenge wrong reports by providing written statements from people who know you who have observed falls, problems with self care, etc.

You do not have to stick with the one statement from someone who knows you ...as is suggested by only giving you one page in the form to complete. Photocopy it and send in as many 'pertinent' statements as you like.

You can also provide a 24 hr diary of when things are bad..and in these days I cant see why that couldnt be videoed, I mean they are happy to video you if its proving you can do something!

Its also handy to list all the day to day problems you encounter and to provide that to your GP (some will be more receptive than others!), we dont tend to go to the GP saying 'I cant wash my hair or brush my teeth since I dislocated my shoulder 2 months ago...we tend to say 'My shoulder hurts'..GP's arent mind readers and unfortunately for them, they are expected to know what you can and cant do!

[Superstottie]

Very good advice there Donna, and a very good idea about the video thing, I am terrible at explaining things so this would explain all my problems, and also make me notice the stuff I do differently without thinking about it!

I gave my GP a copy of my claim form with a letter just saying that I did in no way want to pressure them into saying certain stuff, but that I wanted to let them know the problems that I face, as I only talk to the GP about things they can help me with, meds, referrals etc. As you say, MOST people do not go and complain about every little thing they struggle with to the GP (there are some who have a season ticket though!)

x x x

[barkingmad]

I think many of us have had a season ticket at the GP's, me included before I knew what was going on.

It can be hugely scary when you feel you are falling apart of the time. Now you can get penalised for not going to the GP's even when it is hammered home to you to become an 'expert patient' to 'self-manage' etc.

I sometimes worry that I dont go to see my GP enough! Apart from referrals and form filling there is very little she can do so whats the point? but if you are at the stage of having to apply for benefits to support the costs of needing aids, travel and support then letting the GP know how it effects you is essential.

[trekster]

I'm tempted to download the DLA form fill it in explaining it is additional information then send a copy to my GP and a copy to the DLA folk.

[barkingmad]

Good idea, if you can fit everything in.I tried it for son but it was just too restrictive but as supporting evidence.. well why not?

[zornna]

hi guys,
I now have 5 A4 pages of issues with my medical, many are cases where she has just plain contradicted her self, others are where she has misunderstood information I have given/told her about the condition to plain lies she has written about me. I am so angry right now about it all even the reasons for them declining me contradict themselves, for the mobility half I am not at risk of falls so not intiltled to any mobility yet for the carers side of it I am at risk of falls but not at risk of injuring myself . I rang welfare rights this morning who told me to ring cab, I am now waiting for them to get back to me to make an appointment for me to either go see them or them come and see me, just hope they can help.

I still remain hopefull there is a light at the end of this tunnel just a shame the dwp have the switch grrrrrrrrrrrrrrrr

[Superstottie]

Zorna, there is hope! I was refused back in September, but asked for a reconsideration as there information was flawed, and although I haven't got what I think I should have got, I have been awarded LRC on an indefinite basis, which means that they owe me £450 already. OK this is no where near as much as they would have owed me if I had got the level I think I should, but it certainly is helping, I have bought myself some new crutches already and am currently looking at some splints and braces I need. I think it is pretty standard these days for them to refuse on initial applications as they are trying to save money, and if you go away thinking your not entitled, then it will save them money!

I was very very angry when I saw the healthcare professionals advice for my first decision, but now I read it and actually find it funny! I know that sounds daft, but I am laughing at their ignorance! They are supposed to be more knowledgeable than us, but this just proves that they are ignorant and stupid! Mine had obviously not even read the entry in the DWP disability handbook, as they knew nothing at all!

I have just rung up and requested the information they used to make this decision, and the man I spoke to was very nice and made sure I understood that I can ask for it to be looked at again if I am not happy, or take it to appeal, but that I should do this within 4 weeks, otherwise the new decision would only be applied from the date I contact them, not my original claim.

Good luck hun, and try not to let it get to you, I know this is easier said than done, but they are ignorant and do not know what our lives are like, it is our job to inform them! x x