GL questions... (intro) DLA rejected = gutted GL

[Blaadyblah]

Modnote: If you have found this topic looking for general DLA rejection discussions please see the main topic in the benefits section Refused or Appealing DLA, which predates GL's intro and contains many more of our users experiences and more recent discussions. Please take care not to duplicate posts from that topic here.

Hi, I'm new hear so please be gentle.

I was diagnosed with EDS type 3 joint hyper mobility a few weeks ago, to say i was relieved at the diagnosis was an understatement after years of suffering and not knowing why I was pleased to finally find out.

Someone said I should try and claim DLA so I put in a claim, on Saturday I got a letter saying my claim had been rejected, basically whatever I put on my form that I couldnt do the letter I got back said I could do it (it's almost like they didn't even read my form!) and going on what the form said I am pretty sure they did not consult my GP. I am going to appeal the decision.

To say I am gutted is an understatement, I really need that money, so I was wondering if you wouldn't mind answering a few questions, I would really appreciate it.

How often do they turn down new claims, is it common? how can they give it to some people with the same condition and problems but not others? what happens when I appeal? I am going to go to the CAB and the doctors tomorrow, how likely am I to win the appeal? will the money be back dated to when I made my claim> if I don't win the appeal what happens then?

Thank you for any help you can offer me, from a very gutted and confused GreenLantern.

[barkingmad]

Hi welcome to the forum..I have moved you here purely so people can welcome you!

With regards to your questions on DLA, the HMSA does not know the actual stats for successful DLA applicants based purely on HMS but I suspect it would be low. It is harder now than before to get DLA and the truth is not many would qualify for it based on HMS only. The majority of successful applicants have more than one long term condition with supporting evidence.

In my experience there is usually a lack of supporting evidence sent in with claim forms which leads to an automatic refusal. It is worth spending a few days looking at your evidence and seeing whether you have gaps. You should also look at your answers on the form and see whether they were detailed enough. Always keep a copy of what you send, including what evidence and always refer decision makers to the DWP's Disability Handbook and the section on HMS which has been recently updated.

I know you have looked at the Benefit Section but go back and have a good read and see what made a difference to people.

I am sorry that you have had such a hard time, having HMS can be extremely isolating and difficult to cope with at times.

[sheppeyescapee]

Hi there GL,

It is actually rather common for a first claim to be rejected. It normally has on the letter all the things you said you couldn't do and stating that you can do them! That happened to me on my first claim. I would definitely appeal the decision, there is a long thread about appealing DLA decisions on here so you can see how many people have to appeal . If you didn't I would look at the information from the benefits and work website as they are very good and helped a lot of people on here get their DLA

Good luck and welcome to the forum!

J

[GreenLantern]

A big thank you to both of you for posting and I'm sorry barkingmad that I posted in the wrong place, thank you both for welcoming me.

I got the form filled out with help of the CAB as I had no idea what to put, I will be going back to the CAB with help for me appeal, would it be good to get a letter from the doctor supporting me?

sheppeyescapee, were you successful with your appeal? how long did it take to sort out? did you get the money back dated?

[sheppeyescapee]

Yes I was successful with my appeal, about 4 months I think and yes it was backdated. This was a few claims ago mind. My most recent claim I sent a whole raft of evidence with my form ( in total it weighed 1kg! ). So the more evidence you can gather the better.

[GreenLantern]

Yes I was successful with my appeal, about 4 months I think and yes it was backdated. This was a few claims ago mind. My most recent claim I sent a whole raft of evidence with my form ( in total it weighed 1kg! ). So the more evidence you can gather the better.

Thank you again, I will go to my GP and ask him for a letter, not sure what other evidence I could get.

[barkingmad]

Hi you haven't really posted wrong...I honestly only moved you so that people could come on and welcome you!

If you have a supportive GP then yes a letter will most definitely help.

[sheppeyescapee]

I sent diagnostic letters for my various disabilities/illnesses, personal statements from my support workers, people who know me well. They need to get a good idea of what you are dealing with and how it affects your day to day life, don't hold back on the detail the more in depth you go into it the better. It is rather depressing but it helps.

[barkingmad]

I agree with Sheppey..if you hae any doubt about the usefulness of any info you have, send it anyway...most refusals are based on a lack of supporting evidence, so send whatever you can. Make sure you copy your form and list what you have sent..and never send the original reports or letters as you wont get them back always send photocopies.

[GreenLantern]

Thank you both again, I will make an appointment with my GP tomorrow, I'm going to ask him if they contacted him because I have a feeling they didn't and I will head down to the CAB straight after.

[Superstottie]

Hi, and welcome to the forum! I have just gone through the whole DLA claim thing - started last June and finally got the right award in Jan - so be prepared to have a long wait! If you ring the DLA up and ask for a copy of all the evidence they used to make the decision - with my initial refusal they had asked a healthcare professional (someone with a bit of medical knowledge who works for them) and they had been told a load of rubbish, and of course they have no idea of my condition so was irrelevant. They had also requested a GP report but it hadn't been sent in time. I had included a copy of my consultants report. I then asked for a reconsideration with a long letter explaining things in a bit more detail and pointing out what was wrong with the healthcare professionals report. They then received my GP report, and also requested a report off my Rheumy and also sent a doctor out to examine me, and awarded me LRC. I then decided to appeal as I had been advised by several people including my OT that I should get at least MRC and HRM. I lodged an appeal and again sent a long letter pointing out the mistakes they had made and again going into great detail about what I need help with etc. I got my award before it went to appeal, so it is all worth it in the end but it does take a lot of mental and physical strength, it can be very depressing going into the details of whet you can and cant do as it makes it real when you write it all down and read it back - never makes happy reading!

It's hard to say if you would be successful as we don't know how badly effected you are, and it all comes down to the mood of the decision maker that deals with you claim! I really do recommend the benefits and work guides though. Good luck!

[GreenLantern]

Hi, and welcome to the forum! I have just gone through the whole DLA claim thing - started last June and finally got the right award in Jan - so be prepared to have a long wait! If you ring the DLA up and ask for a copy of all the evidence they used to make the decision - with my initial refusal they had asked a healthcare professional (someone with a bit of medical knowledge who works for them) and they had been told a load of rubbish, and of course they have no idea of my condition so was irrelevant. They had also requested a GP report but it hadn't been sent in time. I had included a copy of my consultants report. I then asked for a reconsideration with a long letter explaining things in a bit more detail and pointing out what was wrong with the healthcare professionals report. They then received my GP report, and also requested a report off my Rheumy and also sent a doctor out to examine me, and awarded me LRC. I then decided to appeal as I had been advised by several people including my OT that I should get at least MRC and HRM. I lodged an appeal and again sent a long letter pointing out the mistakes they had made and again going into great detail about what I need help with etc. I got my award before it went to appeal, so it is all worth it in the end but it does take a lot of mental and physical strength, it can be very depressing going into the details of whet you can and cant do as it makes it real when you write it all down and read it back - never makes happy reading!

It's hard to say if you would be successful as we don't know how badly effected you are, and it all comes down to the mood of the decision maker that deals with you claim! I really do recommend the benefits and work guides though. Good luck!

Thank you for replying, I was told by the CAB that I should be getting HRM and MRC, the guy even said if I'm refused he will eat his hat, well I hope he's hungry lol I will ring them up tomorrow, I wasn't aware I could ask for a copy of the evidence they used to make the decision so thank you for making me aware of that.

Tomorrow I am also going to go and see my GP and go back to the CAB to make another appointment, would the CAB do the appeal letter for me or would I have to do that myself? I only have a month from the date of the rejection letter to get my appeal in and the letter was dated the 10th april

It's funny (well it isn't but you know) that on Saturday I got a letter saying they were going to look at the form and they would give me a decision, that was the first letter I opened on Saturday morning, the second letter I opened was the one saying they were rejecting my claim!

[GreenLantern]

Would it help if I made a list for the GP of exactly what I can and can't do? so that when I get the letter from him he can put it on there?

[Superstottie]

I gave my GP a copy of the application form so that he could see how I am affected, but making a list to give to him/her or at least talking to them would be good. I included a letter to my GP saying that I didn't want to influence what they put but as I know they are busy people, I didn't bother them with things that they can't help me with when I saw them, and they don't really need to know that my hubby has to help me use the loo etc when I go to get some more painkillers! You can do the appeal letter yourself, or get them to do it - but if time gets tight then you can just write a simple letter requesting either that they look at your claim again or to appeal, and then send in extra supporting letters/evidence at a later date. Think you can actually request a reconsideration over the phone?? I know that an appeal must be made in writing though. Think they have some sample letters on the B&W website?? My memory is being rubbish (more than normal) today so I could be totally wrong!

Don't take the rejection personally - think they turn most people down at first, suppose those that accept it and don't fight on means they are saving money! I had applied two times before over the years and just accepted it, didn't even ask for a reconsideration as I thought I must not be entitled as they said I wasn't! I also learned that they make mistakes - big ones in my case - and don't follow the rules that they publish! I looked up the rules on B&W and found for example the walking speed that they say is not counted as walking due to being too slow was a lot faster that their doctor had assessed me as having, but they still refused me any Mobility, I pointed this out on my appeal application and had a decision for HRM within a few weeks!!

[GreenLantern]

I gave my GP a copy of the application form so that he could see how I am affected, but making a list to give to him/her or at least talking to them would be good. I included a letter to my GP saying that I didn't want to influence what they put but as I know they are busy people, I didn't bother them with things that they can't help me with when I saw them, and they don't really need to know that my hubby has to help me use the loo etc when I go to get some more painkillers! You can do the appeal letter yourself, or get them to do it - but if time gets tight then you can just write a simple letter requesting either that they look at your claim again or to appeal, and then send in extra supporting letters/evidence at a later date. Think you can actually request a reconsideration over the phone?? I know that an appeal must be made in writing though. Think they have some sample letters on the B&W website?? My memory is being rubbish (more than normal) today so I could be totally wrong!

Don't take the rejection personally - think they turn most people down at first, suppose those that accept it and don't fight on means they are saving money! I had applied two times before over the years and just accepted it, didn't even ask for a reconsideration as I thought I must not be entitled as they said I wasn't! I also learned that they make mistakes - big ones in my case - and don't follow the rules that they publish! I looked up the rules on B&W and found for example the walking speed that they say is not counted as walking due to being too slow was a lot faster that their doctor had assessed me as having, but they still refused me any Mobility, I pointed this out on my appeal application and had a decision for HRM within a few weeks!!

Hi, thank you for posting, quick question though and I'm sorry for my ignorance but what's B&W?