Refused or Appealing DLA Decision/Post here

[Superstottie]

Hi geoff - I had a similar argument with DLA recently as the doctor who came out saw me walk only as far as the kitchen, which is 5m from my seat, but they work on the assumption that if you can manage around the house that you can walk over 200m. I sent them a letter being very pedantic, and got my hubby to measure how far it would be should I be able to walk around the perimeter of each room to reach the furthest point, being the toilet, ignoring the fact that furniture and kitchen cupboards prevent it (and you would have to be slightly mad to walk around each room instead of going through it!!) This measurement was only 60m, so for them to assume that I can walk over 200m was very very wrong. I had stated to the doctor that on a GOOD day I might be able to walk across the road to my sisters, and this is only 29m!! Also look at the speed of walking that they have stated, as mine said 90m 5 minutes (18m/min), being slower than very slow, which according to their guidelines should not be counted as walking. I have now been awarded middle rate care and higher mobility, as I also got them on the fact that the doctor said I needed help out of bed, and that I use the toilet during the night and that I need help to relocate joints, but still didn't need help during the night?? I think it is easier to win if you can get them on technicalities as it were, rather than having to argue against them. Go through all their evidence, looking for contradictions, inaccuracies, and also familiarise yourself with their rules and guidelines, as it would seem that they do not always know/follow them!! My appeal letter just pointed out their mistakes, and I am now writing a letter requesting an apology for the mistakes they made on my original award, and the fact that they stated my diagnosis incorrectly on the information sent out to the EMP.

Good luck and I hope some of this waffle is of some use to you!

[zornna]

to everyone going through this horrific process

I went to see the cab solicitor just over a week ago and have been told that she believes i should be recieving at least lrm and mrc and i was right to push for appeal. she is going to right a statement for me and has asked for photo's of injuries i have recieved because of my bjhms as these will prove that i am at risk of injury when i go anywhere which is one of the reasons i was turned down.

she is also going to ask my physio and OT to either comment on the statement she has written or write one of there own and because i am on benifits legal aid will pay any charges. however they are no longer allowed to accompany you to the appeal board as they now have so many appeals to get through they would never be able to do all the work to prepare for them, but if anyone is struggling with the whole process i would say go see your local cab, i know it is a nightmare getting to many of the offices when you have mobility problems but the help and support they provide has been invaluable for me dispite the pain and energy it cost me to get there.

now i've just goto get through another esa medical as i've just had to send another esa50 in, just hope its not with the same person as i'd really like to have a few choice words with the woman who did the last one

maybe one day the dwp will admit their failures give the people who need it the support they need which, will mean i can get help doing all the stuff i'm not supposed to do but have no choice in doing causing more injuries meaning i need more help and acctually get some of this rest stuff my physio keeps talking about

big

tracy

[everhopeful]

I have my next Atos medical on Wednesday. Hopefully the Doc coming out to me will know I have complained abput the last one. If not, he/she will know pretty soon. I will make it clear that The Quality Audit manager agreed with me, even though 3 people from the same office backed each other up! (All very politely put across of course) I am going to write a simple questionnaire today which I am going to politely ask about my condition before we even start. My friend (CAB) will write the answers for me. I don't mind if someone says they don't understand my condition.......what I DO mind is that they don't acurately report on how it affects me....which is what the medical is all supposed to be about.
I'll let you all know how it goes!

[star gazer]

Good luck for Wednesday everhopeful, I hope it is not too stressful for you. yes let us know how it goes as hopefully the medics will now be familiar with the description of hms used in the dwp disability guidlines
best wishes
star gazer

[Superstottie]

Good luck for Wednesday, hopefully they will know that they wont get away with writing lies and rubbish in your case, so you will get a truthful report! Keep us all posted! x x

[trekster]

Good luck to anyone who is currently appealing their DLA.

Was told today that if i write a letter with my form saying why it was late it should be processed without penalty.

[ciderpig122]

Hi there

I have just spoken to a local charity, she told me that because my condition has deteriorated that my claim will be kicked out instantly and not backdated for the last 8 months that I have been waiting

Is this true?

[Superstottie]

I don't think this is true at all, all that could be the case is that they will award you according to your original claim, and if you feel that you should now be on a higher rate you would have to do a change of circumstances, and basically get them to reassess your claim. I do not see that they could kick it out and give you nothing just because you have got worse. I have got a lot worse since I originally claimed, but a doctor came out and assessed me in November on my condition at that point, and have awarded me back to June when I requested my form according to my condition in November. Though to be honest the things they have listed on my award letter that I need help with don't cover the half of it, but I believe I am now on the correct level. I would maybe see about getting some advice from someone else, as these guys don't seem to know what they are talking about, and maybe trying to put you off!!!!

[suew]

Dr came before christamas to house , and now have had letter to say been turned down for DLA as I can walk ( I didnt fall over while he was here) and I can prepare food , although have to sit down and cant use a fork into a can etc ,and I can wash myself so dont need care , never mind hubby getting me up if legs are too stiff to move in night or watching me on the stairs in case ankles give way , I am going to appeal, I am still waiting for a Rheumatology OPA and cant get to see specialist in Hypermobility in Bath as I live in South Wales and they wont pay for me. I am still waiting for my ankle op- another 4 to 5 months to wait ! have made appointment with MP next Friday ......

[trekster]

Good luck Suew sounds like they didnt properly assess you to me.

[star gazer]

Hi ciderpig, I totaly agree with superstottie, If you are appealing a dla award or lack of award then you will be assessed on how you were at the time of putting in your claim, it does not take into consideration any deterioration, what happens is if you are going to tribunal they look at your case as you applied however if you do go to tribunal or appeal you can continue to submit further evidence to support your claim. Your claim can't be kicked out for deteriation of condition, you wait until you hear about your award supplying as much evidence as you can and then if necessary phone the dwp tell them that your condition has got worse you will then probably fill in a new form for reassessment. But I will say when they reassess they can go down on award as well as up depending on who is looking at your case. your current claim cannot be "kicked out" for a worsening of your condition. CAB or DIAL if available are experienced in helping in these matters and many of us use a website called benefits and work which has lots of info on appealing, tribunals, change in circumstances etc, might be worth having a look. Also if your claim is allowed then it is normally back dated from the date on the forms. I was not due for review until this January, I got my review forms in October with a deadline of Jan 12th, I filled my forms in and got them back in mid November I was awarded care component this time (last time i only got mobility) my claim was back dated to october.
Good luck and best wishes
star gazer

[ciderpig122]

Cheers me dears

It was dial who advised this was the case :/ ha guess I shall just keep on at them til I get an answer

[Superstottie]

I would highly recommend joining the benefits and work website, as they have all the inside information and the rules and guidelines that the DWP are MEANT to follow. This is how I managed to get my award changed as they had gone against their own rules, it's much easier if you know what they are!! Good Luck! x x x

[trekster]

Finally got the form finished and the extra information ready to send in.

I'm sending my diagnosis letters for my HMS with confirmation of my fibro and carpel tunnel.
Also sending the care plan which I hope my care manager will write that the health and safety
assessment to permit workers to push my wheelchair was pending at the time of writing.

Written a statement for my gran and mum to sign (lived with gran for 10 years when I was
much more mobile) as people who know me and now just wishing hard that i get a decent result.

[star gazer]

hiya trekster, well done for getting the form finished, it is a really time consuming thing and very exhausting, I hope you don't have to wait too long before you hear from them and that the result is a good one.
all the best
star gazer x