Refused or Appealing DLA Decision/Post here

[Superstottie]

They are also 'supposed' to disregard walking if it is at a speed slower than very slow, or if you swing through crutches - but apparently I can walk over 200m, and even though I was assessed as being slower than very slow, and swing through crutches without weight bearing on one leg, I do not qualify!! It was also stated that I am in constant pain, and any walking I can do is with pain, but I am still not classed as being virtually unable to walk!

[trekster]

That is disgusting and i hope you get that successfully appealed.

[Superstottie]

I am hoping that they see sense before they send it to appeal - will know by 13th Feb as that's the 11 week cut-off! I originally applied on 8th June - so at least I should get a nice big back payment!!

[trekster]

Good luck to anyone appealing DLA my thoughts are with you.

[everhopeful]

I'm still waiting too. I got my response from Atos regarding my letter of complaint about the Doctor who did my medical. The letter was a joke and even the lady at DWP said the letter was a bit "flat". Not only that, but another tier Doctor was asked to look at everything and said the original doc's report fell within acceptable levels.......this was a big joke as he made himself (2nd tier doc) look like a right twit by saying that they wouldn't expect me to have to stand up to prove my pots (in case I had an attack) . My letter of complaint clearly stated that I was wearing my HR monitor and had shown the Doc my readings of 157 after a few short seconds. I was complaining beacause the doc doing the medical failed to mention that and only recorded a sitting down HR about 10 mins later. So it was a big massive contradiction and made him look like he couln't read or understand plain english........so.......
I have asked them to go further up with my complaint as it's clearly a cover up. The woman doing the in between stuff at Atos in the end had to admit that she was unable to deal with most of my points because she is not "medically trained". I argued that my original letter stated that the system of appliying for DLA is flawed and told her her job was a prime example of my point. DWP are waiting again and not going to a new desicion maker until I get a safisfactory conclusion to my complaint. I am a little glad to be dealing with one person at DLA. She is not a desicion maker, but I have had some very lenghthy conversations with her, so I am still trying to be hopeful. This was all about 3 weeks ago and they said I should hear within about 4 weeks, so hopefully I can progress forward sometime next week......just as every one stops work for Christmas!
It is so bad, the time we have to wait. I filled out my original form in June!
Good luck to everyone else on the same journey as me. x Liz

[trekster]

I've got to fill in the DLA form again so they will 'look at my claim again'. It has to be from scratch so including all the disabilities and how they affect me.
I rang the helpline today to mention the fibro and hms. When I mention that I have HMS can I say that it is 'considered to be in the family of EDS connective tissue disorders?'

[Superstottie]

I put in mine that it is considered indistinguishable from EDS Hypermobility Type. But then they still insisted on stating it as just 'Hypermobility' (no mention of syndrome) on the forms that were sent to the EMP and My GP etc! So when the Doctor came out he scribbled all over the forms that it's Hypermobility SYNDROME with lots of underlining etc (I quite liked the Doctor who saw me, he also stated me as being above average intellectually!!) I did express my upset at this, but they haven't bothered to apologise to me yet!

[trekster]

2 letters ive got mention hypermobility without the syndrome part which I hope won't count against me.
Trying to work out what to put down on the care part as well because it has been so long since I applied
for just the aspergers and MH stuff. I do have a photocopy of the form somewhere but because I haven't
done one in ages it might be better to start one from scratch since this will be my 1st independent living
application since I got awarded indefinitely (due to aspergers and MH stuff) back in 1996.

Cheers superscottie and I hope you do get that apology.

[Superstottie]

ooo that's a tough one - if you only have hypermobility stated on the letter then I doubt if your claim would be sucessful, as something like 20% of the population are Hypermobile. Have you actually been diagnoses with Hypermoibility syndrome by anyone? I wouldn't send those letters in as they are likely to go against you more than anything! If you have been diagnosed with HMS then just put down the name of whoever diagnosed you and they can contact them.

[everhopeful]

Glad to say that the National Quality Audit Manager have reviewed my file and have agreed that my Atos Dr's report was "Not fit for purpose" and "Not robust". This is great because it undermines the original Doctor who did the report, the second Dr (who I did not meet) who said the report was okay AND the woman who dealt with my complaint against Atos and "Was not medically trained" and unable to comment on so many of my points!!
It is still NOT a decision by a decision maker at the DWP, but has to go in my favour I hope. I may have to have another Atos Dr report done, but they will know I have already complained and this one will have a EDS 3 / Hypermobility / Pots questionnaire waiting for them before they even start on me (put together by my advocate who happens to be at the CAB) and delivered very politely with a wish for understanding on what has been a very difficult (flawed) process! Lady at DWP was the first to let me know because she got the email before I got the letter. It was so good to get that news because it put some of the faith back, but I shouldn't have had to go this far to prove myself. The system is definately flawed! Still hoping for a positive outcome. Keep fighting everyone. Complain about Atos if you have good cause and If you think your response is not adequate....ask them to refer your file to the NQAM. The more of us who do that, the more we can show the system is corrupt. Liz

[Superstottie]

That's great news Everhopeful - fingers crossed that you now get a positive award! I think it's a brilliant idea about the questionnaire, as if they have no knowledge on your condition then they cannot make a judgement on how your effected. I know they say it's not the condition, but how you are effected, but as our condition seems to go against the norms i.e. being able to spontaneously dislocate several joints and them put them back in your self without heavy duty pain relief, then if they don't have knowledge of this then they would think we are making it all up, as it's not possible!! I am now counting down the weeks until I should hear if I am going to appeal (6.5) and time seems to be dragging!!

Good luck hun, and well done for fighting them, and showing them up for what they are!!!

[clicker]

Hi, I have undergone the worst 21 months of my life - this is how long it has taken to have my dla claim and then the subsequent appeal heard. It was heard on 22 Dec and they had to post my decision, the letter got lost in the post! Finally yesterday I got my duplicate decision notice. They have awarded me lower rate mobility and no care whatsoever! I have had higher rate care for 7 years and now I miraculously do not need any help at all. I have had to write to ask for the statement of reasons and that can take up to a month to arrive. I do not know what I can do next, the only way you can take it further, I think, is if you can prove that the tribunal made an error in law.

mod edit - text removed , PM to author

[smithy28]

hi. im geoff. i was awarded dla from 2006 to 2009. full motorbility and low rate care. in 2009 i ad to reaply. again i was awarded another three years.only this time i made a appeat to see if i could get the award for longer. my appeal was successfull and the award was increased to the year 2022. i was over joyed. then in 2010 i ad a letter of dla saying that i need to reaply. how shocked was i, i phoned the dla and asked them what is going on, they repled you must reaply. i waited for my desicision in the post. what happened next was unbeliveable, they through me off dla and said there was nothing wrong with me, yer right. i lost my appeal and went to cab, they tried to get the decision over turned but didnt win, im now trying to get a solicitor on the case. i will fight dla to the end. my conditions are i have cronic arthritis in both knees, as im only 48 yrs old nhs will not give me new knees, i also have two disc herniations in my neck that radiates pain dowm my left side and gives me sciatica in both legs. the health care proffesional said i could walk 300 mrters with cronic arthritis. unbeliveable. he asked me to walk only to my bathroom which is only 7 metres long. so in my apionion health care proffessional lied, that is fraud to me and you, just need to get a good solictor to ask him why he told a pack of lies. my story will be heard hopefully in court. yours geoff

[trekster]

hugs clicker and good luck with your appeal. Disability Advice LIne or CAB might be the best place to go for advice.

[DeeNJai]

Also you could go to benefits and work site and see what they say as there are three different stages of appeal. I dont know much about benefits.
dee