Refused or Appealing DLA Decision/Post here

[barkingmad]

Hmm try giving them the link to that we supplied earlier on the new info maybe save them some time and cut some costs!

[zornna]

well I have an appointment with cab next monday and because i asked for a written statement of reasons for the decission it gives me an extra 14 days tho this is teh length of time which they tell you it will take for them to prepare and send this out to you.

Superstottie I am already laughing at the ESA report which has me making a 35 min walk for a "normal" person in just 20 mins, and that i can easily shower and get myself dressed each day without difficulty which is just plan rubish, on an avarage day i struggle to get dressed and am relient on my ex to come help me shower as i can't stand for long enough to do it by myself which is limited to twice a week when he comes to see our son (tho I have a bath board coming from local OT on thursday so won't need his help anymore wooop woooop). I also have trouble washing/brushing my hair etc because of the pain in my right shoulder dispite the fact this was mentioned in the appointment it states in the medical that I can do all these things without help. To be honest I could spend hours ranting over the things she got wrong, and can now understand why i was put in the work-related activty group for my ESA, but I was give dodgy info from the dwp about what would happen if i appealed against that desion basically i'd wouldn't be moved up to the support group they would only make the same or a lesser desision so i'd end up on job-seekers, and had run out of energy to fight two fights at that point i figured it could be worse and left it, to concentrate of fighting the NHS to get the help and aids I needed.

Over the next few months i got worse something which my physio agrees with, tho I think the point when I turned up with what they thought was a broken toe due to catching my foot on the corner of a wall as I fell has something to do with all the help they decided I need, and its gotten to a point where I can't cook fresh food anymore, have spent numerous nights "sleeping" on the sofa and for the first time since i moved here I can see the sense in my downstairs loo (tho I still think it would have been better as a utillity room but sooooooo glad its not). My friend pressured me into filling out the forms, after seeing me trying to make her a coffee and almost dropping the kettle so compleatly blame her for all this stress

The biggest concern I have is with my GP who refuses to read any information I pass on to her I was seeing a different doc at the same surgery who at least read the stuff I gave her hence my long awaited diginosis but he was only a locum and has left now. I've seen every doc in the place with pretty much the same results, to move doc's is difficult because of thie distance I'd have to travel to get to another.

I'm lucky in the fact me and my ex get on better now than we did when he was living here, tho if I have to ask him to do any more things for me he may aswell move back in (NNNNNNNNNNNNNNNNNOOOOOOOOOOOOOOOOOOOOOOO!!!!!!) as he vists twicw a week to see our son but on those days will help me catch up on housework i've not been able to do as well as help me shower and cook a meal that doesn't go ping!

sorry if this has been a bit of a rant and gone of topic but a lot of people look at me and see a normal person who limps a bit, it nice to be able to rant at people who truly understand what i am on about

[star gazer]

This thread is so frustrating to read when you hear of how people are being let down by the dwp under the governments idea of cutting back on benefits. Zorna from what you describe and superstottie too I find it ridiculous that you have been refused and although I don't know your full circumstances, from the snap shots you have given you have very good grounds to appeal. I think I may have mentioned in a prior post as I have just renewed dla that one of the things I included was a medical overview in which I listed all of my medical problems that affect my day to day living (even the bowel stuff ) I then cross referenced all of these things against each other ie: I have four different conditions that potentially affect by balance and cause falls. two conditions that affect my gastric function, the three conditions that affect my walking ability etc. when I had typed all of this out I sent a copy with my application as a reference guide for the dm, I also attached a copy to the pack I sent to my g.p with a covering letter to him explaining that it was so that my records were up to date and that all docs in the practice were aware of my medical problems and difficulties.
the important thing is not to forget even the smallest thing that affects you, give examples of your falls and any injuries sustained. Give examples of when you have been out and what has happened when you have been unable to go any further because of pain or illness.
and lastly it is ok to vent on this one as it is probably one of the most stressfull situations we go through, being told we are perfectly well and able to do everything without pain or issue....if only that were true.
take care all
love sg xx

[Superstottie]

I got the evidence used for my decision today - and it's mostly rubbish! My GP report contains no information at all, the Rheumy report is useless, stating that I was still working when I had already given up. and stating that HMS is NOT a variable condition, and the EMP report isn't too bad, ok so a few omission and errors, but all in all pretty supportive of my claim. I especially like the bit where he states 'Intellectual above average'

They had sent him the information on me stating that my diagnosis is Hypermobility, and he keeps pointing out that it's Hypermobility SYNDROME, so at least he listened to me! Also points out that I have signs of abnormal lumbar flexion as shown by the ability to touch toes when sitting and easily with fully extended knees. He also says that we can only assume that disability is likely and will be of moderate severity. He underlines the 'will be' part, then goes onto say about the fatigue element and that 'this will be contributing to a likely moderate level of disability'. So I do not see how they can say that all I am entitled to is LRC. He states that I need help to get out of bed, and that I need to visit the bathroom 2 times a night, but they say that I do not need help more than once a night.

One bit I would like advice on please - according to the B&W guide - Walking speeds used by Medical Services: 90 metres a minute Normal, 60 metres a minute Slow, 30 metres a minute Very slow. ‘Walking speeds less than very slow are largely not consistent with the definition of walking.’ So - if he has put that my walking speed is 5 mins 90m with aids - does this not equate to a walking speed of 18m per minute? He also states under the Likely distance before onset of severs discomfort - he has underlined the 'severe' part, and has put more than 200m! But, he states further up, under the Discomfort, pain, breathlessness on walking - 'slow, some pain'. Do you think I have an argument that as my walking speed has been assessed by their doctor to be 18m per minute then I should be entitled to HRM??

I am just trying to work through it all, writing down what goes for and against me for each thing, seeing what I can dismiss as rubbish, or errors, and what I need to fight against!

Any help please!!

Bex! x x x

[Superstottie]

I have finally finished the appeal letter for my DLA. Just need to get it printed off and proof read it to make sure that it makes sense, as most of my waffling doesn't!! I guess the waiting starts all over again!

[star gazer]

superstottie don't forget to print of a copy for your own file, good luck and fingers crossed for the appeal.
sg xx

[Superstottie]

I have printed a copy, plus a few more as I kept reading through it and adding more, but have it saved on my laptop too, so should manage to keep hold of it, barring major accident by the kids!!

I am secretly hoping that I don't have to go to appeal, and that they will review my case and see sense, but I will not be beaten! Seems there has been more disabled bashing on the news tonight - they really are on a mission to make us all out to be cheats and scroungers so they can bring in the new PIP without too much opposition aren't they??

[barkingmad]

I didnt see anything but was tied up all night.

good luck and try not to worry too much, even if you go to appeal there is a higher chance that they will find in your favour.

[Superstottie]

Thanks Donna - it's easier said than done not to worry, but I am trying to forget about it till after Christmas now! Hopefully it will take them a month or so to even get round to looking at my appeal, so I won't have it looming over me! Apparently the thing on the news was a man who was claiming to be paralysed and claimed thousands in benefits when he could walk unaided. I didn't see it myself either, as I was too busy on the appeal letter!

[barkingmad]

That just makes me so mad!

I can walk...some days better than others. i even mowed the grass last week because no one else would do it but then spent 2 days laid up! but they wouldnt video that! I use a crutch for stability because I never know when my knees would give out and I am so clumsy that i need the crutch to lean on...but there have been times this week when I have been out I had wished I took my wheelchair! I am hoping to be comfortably down to one or no crutches at the RW. But last time I started off ok then needed my crutch towards the afternoon because I was running around so much. by the time the RW was over I spent several weeks recuperating and again they wouldnt have filmed that.

I know there are people who put it on so to speak but the vast majority of us would gladly give up our benefits/ DLA/ or carers just to have a normal life, with no pain and no need for disability aids. Everytime I go away for the HMSA I forget to ask for a disabled room then get stuck on the loo because I cant get off and worse of all I got stuck in the bath and Jeff had to hoik me out! I forget because my house is adapted for me on my worse days (I was in a horrific state several years back) that I am reliant on the aids, my special toilet and wet room....they make me more independent! But if I could have my energy, no pain and career back I would gladly give it all up...most of us are still financially worse off having to give up work etc.

I will get off my soapbox because I am off topic and will have to tell myself off!

[Fluffym]

Hi Guys,

I am feeling really frustrated for you with this DLA stuff so am sending big .

Surely our condition can not be the only variable one in the world. Like Barkingmad I have carried out stuff because noone else had done it...feeling triumphant but then paying the price big time for a week or so after and unable to do much at all. Does the DLA not get that? Anyway best of luck to you both and try not to worry.

Fluffym

[Superstottie]

Thanks Fluffym - according to the report that my consultant Rheumy sent to DLA, it is not a variable condition - needless to say I am now looking for a new Rheumy!! It is madness how they think that just because you do something, must mean that you don't need help and it doesn't cause pain! If I didn't do anything that didn't cause me pain, then I wouldn't even breath most days, let alone get out of bed and carry on with my day! We had something a few years ago, my Hubby injured his wrist through an industrial accident, and they filmed him holding our 4 & 6 year olds hand walking back from school an decided that he was faking, because apparently you should allow your kids to wander into a road if your wrist is painful!! It's like the EMP put in his report that I can rise from a chair unaided, yes I can - for about 15% of the time, if you consider good and bad weeks, but then there are days like today when my hubby has to help me to just sit up from the bed, and then lift me out of bed, off every chair, and that even when I do get up myself, it flippin well hurts, but I do like to have some independence and dignity!

I am really paranoid about who sees me doing stuff, and I think that is a sad way that we have to live our lives, just because we claim benefits that are there to help us!

ggrrrr - rant over!

Bex! x x x

[Fluffym]

Rant allowed Superstottie and I completely get what you are saying, as I am sure do most people on this forum. Keep your chin up (but not up too much as it might do something to your neck!!!), even though I really do appreciate the whole DLA stuff is very draining in itself. I know from experience, just filling in the damp form and records codges my bod up for ages and that's with pacing!

xxxx
Fluffym

[zornna]

Just a quick catch up, DWP took so long in sending the statement of reasons that i had to prospone my CAB appointment but I did finally get there.
The person I spoke to had no idea what I was talking about and kept asking me how many points i had and why wasn't it written on the ESA medical, something I've asked the DWP a few times but hey ho i still don't know

Anyway to cut a long story short his boss came and chatted to me and filled out the appeal form for me which literally just said "the esa medical contains numerous errors, after speaking to staff at my local CAB office I am seeking legal advice and will send more details at a later date" and is putting me in touch with the law centre who will deal with all the paper work, represent me at the appeal etc, and because i'm on benifits it will all be free.

What the CAB are hoping for is to have my ESA medical removed from my file due to the major flaws in it, and have them admit that i am in need of at least mid rate carers and lower rate mobility. Also if my ESA medical is removed form my file they will fight for me to be moved groups within my ESA claim and insist that i no longer have to attend return to work meetings, which currently feels like a 30 min daja vu experiance once a fortnight but it may take till after the new year for them to get in touch

so I'm still stuck in the tunnel but at least now i think i can see the light

[trekster]

Thought this website might help people claiming DLA

http://disabilityalliance.org/f23.htm#virtually

It says that 'virtually unable to walk means you don't count any severe pain or discomfort that you experience'.
Hard to judge what figure I could put down on the form? I doubt I could get the HRC but if I can get the mobility
that would really help.