Refused or Appealing DLA Decision/Post here

[vespagirl40]

My daughter has her appeal hearing on Thursday at 11.30am. She has never had a medical examination, will this matter? Since she first applied for DLA her condition has worsened. She started off not knowing she had hyperobility, fybromyalgia and ME but walked with a stick was seeing loads of doctors etc. She is now in a wheel chair and has all of the diagnosis. We have sent off all of the letters from Dr's with their diagnosis and the letter from OT regarding house adaptations and wheelchair services loaning her the chair. I know no-one has a crystal ball but do we really have any chance of getting DLA? So tired of fighting.

Thanks Ema

[sheppeyescapee]

Keep fighting. It sounds like she could be entitled to it. Don't let them beat you down. I would check out the information on benefits and work, the information on there helped me get mine. It has a lot of information on appeals and tribunals too. Please please don't give up, getting DLA is so useful, it passports to so many useful things. I wish you luck, I know it is really stressful but really worth it.

[suew]

hI just to let you all know its worth keeping going , I got my DLA decsion last thursday , high rate Mobility and low care , backdated to last October , I am so happy can get car now and be independant, Ive been thro so much I have a huge file of letters etc , went to tribunal once which was adjourned, had second medical as first was a joke even atos accepted that , so keep going.

[nemonie]

For appeals, it dosn't matter it you've never had a medical. They will call you for one if they think you need one. Appeals are based only on how you were at the time of your original application, although you can give them newer medical info, if you have since been diagnosed. DLA is based on the difficulties that your condition causes in regards to mobility and care needs, not what your condition actually is. Though having diagnoses certainly helps. If you have problems in the kitchen making dinner, then emphasise this as quite often people get granted lower rate care for the meal test.
If you get no award and are worst than you were then re-apply, as you will be in a better position to get the award.
If you do get an award that is lower than you think you need, then you can apply for a supersession. This is what it's called when you ask for your award to be looked at again due to a change in circumstances. You must have been worst off physically or mentally for at least 3 months. I can't remember if you can apply for one straight away after an appeal.

[minicooper_93]

hi i applied for DLA in june 2012, phoned in July but was told declined and papers would be with me in two weeks... got to august, i rung them last week and asked what the hell? they hadnt even attempted to print let alone send my letter out! major appeal and complaints going in...maybe even threats of press, its ridiculous!

ps, reason for delay in applying is because i didnt feel i could class myself as disabled as brother has quadrelepegic cerebal palsy. family class him as disabled but not me as i can walk talk etc

[trekster]

As 1 month has lapsed, you could start the claim from scratch as you now can do?

[jollydolly]

hi
i a n new here my name is michelle ,47 and i have HMS. last year i trapezium removed due to wear and tear on my right hand, i an still unable to use it properly!when i was young i had an accident ad damaged all the ligaments around mt coccyx and evetually had to have it remoned. i have problems with my knees and am about to embar on more physio, and have to have orthotics. Due to my lack of mobility i have had to give up my job. I also suffer wth restless leg syndrome and take medication for parkinson disease to control the RLS which have many side effects
can you advise if you think i have a chance at DLA, any yhoughts or advice welcome
thanks

[Lisa77]

Hi Michelle

I'm sorry I cant advise whether or not you have a chance of being awarded DLA but if you decide to give it a go, you have nothing to lose! DLA is awarded on how your condition/disabilities affect your day to day living, not necessarily what those conditions/disabilities are. There are two elements to DLA: mobility and care. Do your medical problems mean that you need help with getting dressed? getting in or out the bath? drying? can you chop and/or peel vegetables? lift hot pans? Do you need reminding or encouraging to take medication? Do you need someone to be with you or to help you because of pain or fatigue or to prevent injury? Do you need help during the night and/or throughout the day? How far can you walk without significant discomfort or pain? Do you need someone with you when you go out because of anxiousness or the risk of falls? Does the medication you take cause side effects that impact any of these? This is not an exhaustive list but hopefully will give you some idea of the sort of criteria used on the forms. The form can be tricky to fill out and if you can, I advise you to try and get some help from CAB or google benefits/welfare advice services in your area. Failing that and if you can afford the subscription, the benefits and work website have downloadable step by step guides to filling in the forms. It can seem quite expensive but they really are excellent and can help save the stress of having to appeal because you have misunderstood some of the questions and not provided enough information. Gather as much other evidence as you can. I have copies of every single report from every doctor/consultant medical bod that I have seen and I included mri results and reports written by consultants/pain management nurses etc. How supportive is your G.P or consultant? Do they know of your care/mobility needs? It is likely that they will be asked to provide a report and a bad/poorly written one can mean the difference between having to go through the appeals process or not. Bear in mind that if you choose to apply for DLA you will need to do so before April of this year as all new claims from then will be claims for the Personal Independence Payment (PIP) as DLA is being phased out and the PIP criteria is a lot more...erm...whats the word....tough! I hope I havnt waffled on and that this is the sort of information you wanted. If not...I apologise!

On my own claim for DLA....Applied in September 2011, turned down...appealed....attended tribunal...turned down....appealed against the tribunal.....put in new claim....turned down.....got tribunal decision set aside....turned new claim down....appealed....had tribunal for both claims and got the result today....I won! High rate mobility and low rate care, backdated to the date of the original claim in 2011.

Phew! So, it can be a looooong road but some people get it straight away while others have to fight. The decision, as they say...is yours!

[gila]

wow lisa, incredible determination and stamina! and what a brill result!
xxg

[ccat21]

Got letter today to say that they have refused me DLA as I in their oppinion seem to be managing ie can walk with stick, cook for my family even though have to ask someone to open things or lift things for me. Still i'm looking on the positives i still have my blue badge & bus pass & maybe im not as disabled at i think i am at the moment as its winter & i have a bad time due to cold & damp brings out all my aches & pains. My try again or appeal if I have the energy!

[trekster]

Well done for fighting and getting your DLA Lisa and hoping ccat can get DLA awarded soon.

[LyndaRayleigh]

Hi, am appealing the refusal of my HRM mobility renewal. On grounds that my condition has not been understood and that the medical was not recorded correctly by the HCP and that things have been missed out, got wrong etc. Anyhow what I am asking is if anyone knows of anyone in Essex that could help with representation at the appeal. I have been told by my local CAB that they are not able to represent me, and they have only given me the advice to go to support groups or a solicitor which would cost.


Any help gratefully received... I live in south east essex.


Thanks Lynda x