DLA Appeals whats that all about ??????

dean76

I applied for DLA in March and in August was told that it was refused because I am not having unable or virtually unable to walk. My GP was fuming and I mean fuming that I was denied so I got 2 O.T Assessments, GP report, Consultants report and a 2nd opinion, O.H report. Line Manager and O.H offered to give additional information. Blue badge letter, copies of OA meds on prescription. Depression diagnosis and anti d's meds on prescription. Photographs, map of work, measurements of rooms in work, how I walk, time it takes to walk from A to B. How long it used to take me to walk these distances. Copy of job description (detailing were I am expected to do walking tasks) Which is ALL of them. Letters of people who know me confirming the difficulties I have. They all said my difficulties were substantial, that I couldnt walk far and had to use a stick. Everything I could think of.

2 days after I sent it to them they wrote and told me I wasnt entitled because 'despite my restrictions am not unable or virtually unable to walk'. But still getting lower rate care indefinetly because of paralysis in left hand cant link someone for support or use an additional walking stick which affects my balance. Which according to DWP terms because I cant use a walking aid or have someone with me to assist me makes me virtually unable to walk.

Fact my mother has mental health and when she isnt well cant look after me. Makes my mobility worse. Since yesterday I have been gobsmacked. I had proof of everything I could think of.

Ive contacted the CAB and a Benefits solicitor for advise because I havent got a clue about appeals but will. Part of me thinks it isnt worth it. Do they examine you at an appeal? Or is it all verbal?

Many thanks for reading this.

Dean xx

vonski

Hi Dean

Sorry you're going through this, don't give up that's what they want. Right now they are trying to make it so hard that you get fed up. The walking distance thing, not sure what it is now but it used to be not able to walk 50yds without severe pain, well that's what I was told anyway. It's walking outdoors too and they look at the speed you can walk at and watch to see how you walk.

Hope you get it.

Love
Vonski x

dean76

It takes me 2-3 minutes to walk 2.7 metres from my bed to bathroom. 1.5 minutes on a good day. I meticuosly got several members of my family to all time me to work out the specific times. And colleagues to do the same in work so that my timings were as accurate as possible.

In work I work as a Cover Supervisor in a Secondary school so work in any of 18 buildings across the school campus per day. It takes me 17 minutes to walk to the the furthest building. Given the fact we have 2 minute lesson changeovers. Senior Management are ticked off and now pay me to do administrative duties as much as possible but I love my job. I can do it its just the walking to and from the classes I just cant do.

The DWP are so horrible that they make us jump through these hoops when we'd not do it if we really didnt need too.

Dean xxx

valval

from what i have read they nearly always turn down first claim so reapply get cab or some one else to fill it in for u

plmb48

dean76 wrote:

I applied for DLA in March and in August was told that it was refused because I am not having unable or virtually unable to walk. My GP was fuming and I mean fuming that I was denied so I got 2 O.T Assessments, GP report, Consultants report and a 2nd opinion, O.H report. Line Manager and O.H offered to give additional information. Blue badge letter, copies of OA meds on prescription. Depression diagnosis and anti d's meds on prescription. Photographs, map of work, measurements of rooms in work, how I walk, time it takes to walk from A to B. How long it used to take me to walk these distances. Copy of job description (detailing were I am expected to do walking tasks) Which is ALL of them. Letters of people who know me confirming the difficulties I have. They all said my difficulties were substantial, that I couldnt walk far and had to use a stick. Everything I could think of.
dean please go right to welfare rights the adress is at your library they will fill in all forms and be with you at any appeal yse this service its for us all .good luck pauline

2 days after I sent it to them they wrote and told me I wasnt entitled because 'despite my restrictions am not unable or virtually unable to walk'. But still getting lower rate care indefinetly because of paralysis in left hand cant link someone for support or use an additional walking stick which affects my balance. Which according to DWP terms because I cant use a walking aid or have someone with me to assist me makes me virtually unable to walk.

Fact my mother has mental health and when she isnt well cant look after me. Makes my mobility worse. Since yesterday I have been gobsmacked. I had proof of everything I could think of.

Ive contacted the CAB and a Benefits solicitor for advise because I havent got a clue about appeals but will. Part of me thinks it isnt worth it. Do they examine you at an appeal? Or is it all verbal?

Many thanks for reading this.

Dean xx

eastmidlandsman52

Hello Dean.

I am absolutely disgusted with the way you've been treated. I am wondering why you appear to have been advised to appeal? The appeal process is very complicated and is designed to wantonly put you off getting the benefits you clearly and desperately need.

After my first application was turned down,I appealled and wish I hadn't bothered. My second application was turned down and I didn't appeal nor did I want to. My third application was successful as I did mine online and which took a hour or two to complete. I am of the belief that it may well not be worth persuing an appeal,but rather simply applying again for DLA and filling the forms in accordingly.It may well be a second application may be rejected so beware this could happen. I'm pretty sure its 'third time lucky' for DLA. I wonder if there is a cost involved by hiring a solicitor who specialises in benefit claims?

I'm not a specialist nor an expert in these matters so I can't advise you what to do. The important thing which would help you get the benefits is all in the wording. Only answer in minimalist form to whatever question they ask on the forms. Don't got into great length or use ambiguous wording which can be misconstrued. I'm sure thats what helped me get mine third time round.

Don't let these people in the DLA get the better of you. As for it taking from March to August to deal with is in breach of their own guidelines and deadlines. I would lastly suggest you involve your local MP if you believe you're being unfairly treated. He/she has the power to act on your behalf and you can do this from the comfort of your own home as well! Don't let the b******s grind you down!

All the very best in getting what you need and want.

dean76 wrote:

I applied for DLA in March and in August was told that it was refused because I am not having unable or virtually unable to walk. My GP was fuming and I mean fuming that I was denied so I got 2 O.T Assessments, GP report, Consultants report and a 2nd opinion, O.H report. Line Manager and O.H offered to give additional information. Blue badge letter, copies of OA meds on prescription. Depression diagnosis and anti d's meds on prescription. Photographs, map of work, measurements of rooms in work, how I walk, time it takes to walk from A to B. How long it used to take me to walk these distances. Copy of job description (detailing were I am expected to do walking tasks) Which is ALL of them. Letters of people who know me confirming the difficulties I have. They all said my difficulties were substantial, that I couldnt walk far and had to use a stick. Everything I could think of.

2 days after I sent it to them they wrote and told me I wasnt entitled because 'despite my restrictions am not unable or virtually unable to walk'. But still getting lower rate care indefinetly because of paralysis in left hand cant link someone for support or use an additional walking stick which affects my balance. Which according to DWP terms because I cant use a walking aid or have someone with me to assist me makes me virtually unable to walk.

Fact my mother has mental health and when she isnt well cant look after me. Makes my mobility worse. Since yesterday I have been gobsmacked. I had proof of everything I could think of.

Ive contacted the CAB and a Benefits solicitor for advise because I havent got a clue about appeals but will. Part of me thinks it isnt worth it. Do they examine you at an appeal? Or is it all verbal?

Many thanks for reading this.

Dean xx

eastmidlandsman52

Hello again Dean.

The one over-riding thing I forgot to mention about DLA form-filling is this: You have to answer each question as though its the worst case scenario for you in years as you fill it in. Think 'worst case scenario' (but always be truthful about this) in every answer you give. Never write an answer as though you're having a 'good day' always write it up as a 'grim bad day'.

Hope this will help.

dean76 wrote:

I applied for DLA in March and in August was told that it was refused because I am not having unable or virtually unable to walk. My GP was fuming and I mean fuming that I was denied so I got 2 O.T Assessments, GP report, Consultants report and a 2nd opinion, O.H report. Line Manager and O.H offered to give additional information. Blue badge letter, copies of OA meds on prescription. Depression diagnosis and anti d's meds on prescription. Photographs, map of work, measurements of rooms in work, how I walk, time it takes to walk from A to B. How long it used to take me to walk these distances. Copy of job description (detailing were I am expected to do walking tasks) Which is ALL of them. Letters of people who know me confirming the difficulties I have. They all said my difficulties were substantial, that I couldnt walk far and had to use a stick. Everything I could think of.

2 days after I sent it to them they wrote and told me I wasnt entitled because 'despite my restrictions am not unable or virtually unable to walk'. But still getting lower rate care indefinetly because of paralysis in left hand cant link someone for support or use an additional walking stick which affects my balance. Which according to DWP terms because I cant use a walking aid or have someone with me to assist me makes me virtually unable to walk.

Fact my mother has mental health and when she isnt well cant look after me. Makes my mobility worse. Since yesterday I have been gobsmacked. I had proof of everything I could think of.

Ive contacted the CAB and a Benefits solicitor for advise because I havent got a clue about appeals but will. Part of me thinks it isnt worth it. Do they examine you at an appeal? Or is it all verbal?

Many thanks for reading this.

Dean xx

dean76

Thank you ever so much for the reply. I am very grateful I didnt consider reapplying because nobody had suggested it. I think that maybe the best way to go about it rather than appeal.

Your such a star for suggesting it.

Dean76 xx

dean76

I sent application 24 March; they kept telling me they were going to give me a decision and wrote to my consultant on 19 July. On 2 August they said no as I was not unable or virtually unable to walk.

Asked them to reconsider it on 16 September because the consultant put 'not known' on each part of the original medical report despite my additional evidence including a letter from him. But on 18 September they said no because although I had restrictions I was not unable or virtually unable to walk. But what is interesting because in August they didnt say 'despite restrictions'.

Going to see my GP on Tuesday about my depression meds which arent working and will tell her about it then. Because it seems the stress of this DLA thing has made it all worse.

Never thought of contacting my MP will do though. Great idea. Onto it as we speak....

Many thanks for your help.

Dean xxx

kathbee

Hi Dean

Sorry to hear about you getting turned down and the grief
it causes.

Regarding the GP form that he has to fill out for DLA purposes.

Might be worth checking this one out.

Years ago, and I'm not sure whether the GP form is still in the same format, but inside the front cover of the form it used to say something on the lines of:

'If the task in question cannot be done without pain, then consider it as not being able to be done'

Not sure of exact wording now but to me that sums it all up.
You are in pain whilst trying to complete these tasks, whether it be walking, getting up from a chair, bed etc. Therefore the GP needs to ask you about these tasks and not just summise that you can do them just cos he/she sees you walk into the surgery.

Hope you decide to either appeal or try again it might work out for you, but do get the help of CAB or some other Welfare Rights Officer, it will be worth it.

And on a good note, when I appealed against a decision, I was given a higher rate than the one I was after, that was because I showed up in person and stated my case and the panel could see for theirselves the state of me, so its not always bad.

Good Luck
Kath

dean76

My GP has never been contacted. He wrote on the initial form affects mobility then when I asked them to reconsider I asked him for a letter and he said my mobility was affected and that I walked with a stick. My GP is lovely but I wrote and asked for a letter that stated I had mobility problems and walked with a stick so he took me at my word I thought he would have wrote more detail but didnt charge me for letter. Havent seen him in ages. Also I have asthma and need to use my inhalers daily because of breathlessness which I havent for years until now. So will mention that.

I will ask him to do me another one and put what my difficulties are this time. My fault I should have been more specific just didnt think at the time.

The consultant they wrote to till June of this year did surgery every 6 months for the past 4 years but failed to write this down. He only wrote to my GP twice during that time and wrote 'not known' on most parts of the medical form because he couldnt be bothered to fill it in. But wrote me a nice letter in support of my DLA. Load of use that did me. (

Why theyve never contacted my GP I dont know !?!??!

Dean xx

kathbee

Thinking about it, the GP form I mentioned would have
been the one which is sent to the GP when you appeal.

So, sorry for misleading a bit.

Hope you can find the strength to try again or go for an appeal, as you sound like you have a lot of difficulties. It is all added stress which of course is not the best, but good luck.

Kath

eckstardeluxe

dean76 wrote:

My GP has never been contacted. He wrote on the initial form affects mobility then when I asked them to reconsider I asked him for a letter and he said my mobility was affected and that I walked with a stick. My GP is lovely but I wrote and asked for a letter that stated I had mobility problems and walked with a stick so he took me at my word I thought he would have wrote more detail but didnt charge me for letter. Havent seen him in ages. Also I have asthma and need to use my inhalers daily because of breathlessness which I havent for years until now. So will mention that.

I will ask him to do me another one and put what my difficulties are this time. My fault I should have been more specific just didnt think at the time.

The consultant they wrote to till June of this year did surgery every 6 months for the past 4 years but failed to write this down. He only

Kwrote to my GP twice during that time and wrote 'not known' on most parts of the medical form because he couldnt be bothered to fill it in. But wrote me a nice letter in support of my DLA. Load of use that did me. (

Why theyve never contacted my GP I dont know !?!??!

Dean xx

Dean it sounds like your Consultant didn't fill it in, a gopher likely did and he signed it. This happened with my first application and was turned down only for this reason. When I sent back further info and a letter from the GP I regularly see, I got it but I got mobility based on my other medical issues I have because my OA is so severely advanced. Nothing in the response relates to OA.

Keep fighting, it's true most cases are turned down first time.

tkachev

Hi Dean
Just want to say that DLA are really clamping down.If you can walk with sticks,crutches they seem to consider you as able to walk and not in need of the higher rate mobility.If you experience pain from the effort of walking they should take note of that,but it doesnt always seem to be enough to get the higher rate,or any rate!
It seems you have sent them tons of back-up information anyway.I am really shocked and surprised they turned you down....and angry.

Take care Tkachev

dean76

I also told them about my mother having mental health problems which she takes meds for and sees a Pyschiatrist and Ive always been her carer because we share the same house and there is nobody else. When she is 'not well' Im buggered so to speak because then nobody can go the pharmacist for my prescription, drive me places (cos I find the 1/2ml walk to the bus stop impossible). Washes and irons, changes my bed etc...

Walking makes my asthma worse because of the effort of walking and exhaustion yet they said No.

Your right because OA has never been mentioned by them except by my consultant who wrote 'not known' in all the boxes except for one which he said Arthritis was removed from toes in March 09. Pain disproportinate to fact Arthritis has been removed. As far as I knew Arthritis could never be removed????? Nobody has questioned this. Im not a medical expert but was only diagnosed in March 09.

My GP could have chinned him when I told him because in 4 years the consultant never contacted my GP or responded to his letters. My consultant said he was 'simply too busy'. He then did 2 lots of surgery without x-rays and once saw me walk as he always left the consultation room before me so didnt have a clue about how it affects me. When I tried to tell him he'd start yawning and look at his feet or talk over me. My GP in the end sent me for a second opinion because he said it was a waste of time to continue being treated by this 'so called specialist as he stated'.

eastmidlandsman52

Hello again.

What bothers me further is that your GP sounds like he can't be bothered! I'd love to be on £5000 a week like some GPs and yet they talk down to you like you're a piece of s**t! I've already changed my GP three times since living here in Spalding. I won't be spoken too as though I'm an imbecile nor will I be talked down as though my I.Q. is in question. I have already rowed with a GP who thought otherwise and I came off best! Don't let these overpaid so-called doctors treat you like it!

I suggest you may like to consider the following options:-

1.For a start,I'd change my GP. If you are part of a multi-doctor practice, see another GP. If not, find a GP whose a lot more sympathetic and caring. Your local NHS website can direct you to other practices in your area. You simply don't have to put up with some entry-level third rate GP!

2.If you are stuck with this idiot,I would suggest you write out a list of questions you would like answered. When you've worked them out,take a close friend with into the surgery for help and support. I would also suggest a double appointment so that you can put your points across and have a friend there to whom you can look too to see if your question has been understood and answered correctly.

3.I would also write to the Rheumatologist directly and outline all the problems you're having with the GP.You may find a sympathetically written factually accurate letter may well indeed get the results you need but for which your £5 grand a week GP hasn't got the time to provide. I did this for my late Mum and it worked a treat. I managed to get Mum an appointment her own GP (useless cow) couldn't be bothered with.

I would finally suggest you work to a strategy. Based on your problems,I would enlist the help of a close friend to turn these points into a letter of complaint to the NHS PCT for your area if you feel up to it. As far as I can see, your GP can't be bothered.But if the PCT get involved,thats a different matter. There are specific ways to complain about your despicable treatment and,with all due respect,you damn well deserve better than this.I know the NHS is living in the dark ages,but its you whose ill and not the GP.

I hope you get somewhere soon and that I wish you every success for the future.Please let us all know in this thread if we can help you further.

With all my best wishes.

dean76 wrote:

I also told them about my mother having mental health problems which she takes meds for and sees a Pyschiatrist and Ive always been her carer because we share the same house and there is nobody else. When she is 'not well' Im buggered so to speak because then nobody can go the pharmacist for my prescription, drive me places (cos I find the 1/2ml walk to the bus stop impossible). Washes and irons, changes my bed etc...

Walking makes my asthma worse because of the effort of walking and exhaustion yet they said No.

Your right because OA has never been mentioned by them except by my consultant who wrote 'not known' in all the boxes except for one which he said Arthritis was removed from toes in March 09. Pain disproportinate to fact Arthritis has been removed. As far as I knew Arthritis could never be removed????? Nobody has questioned this. Im not a medical expert but was only diagnosed in March 09.

My GP could have chinned him when I told him because in 4 years the consultant never contacted my GP or responded to his letters. My consultant said he was 'simply too busy'. He then did 2 lots of surgery without x-rays and once saw me walk as he always left the consultation room before me so didnt have a clue about how it affects me. When I tried to tell him he'd start yawning and look at his feet or talk over me. My GP in the end sent me for a second opinion because he said it was a waste of time to continue being treated by this 'so called specialist as he stated'.

dean76

Hi there and many thanks for your posting. I changed to this GP surgery last year because my other GP was useless. This GP is very good and whenever I ask for a letter he does it. Never charges me anything for letters, forms or reports because Im on a low income. My last surgery charged £25-40 a time. Just Ive never asked my GP to be specific because I didnt realise you had to specifically mention every difficulty to the DLA I thought they would have known that from my Orthopeadic consultant. But since he didnt complete the form properly then guess not.

Ive just read your posting having written to my GP and popped a letter through the surgery door; Ive asked him for a letter stating that I walk with a stick and cant use 2 because of Peripheral Neuropathy in my other hand nor link onto somebody. I told him how many times I fall per day and that its mainly outside or on stairs or pavements worn down by kerb side parking as well as a phobia I have of walking incase I fall. That walking tires me out and causes pain.

I also reminded him that my Asthma is bad because of walking (he didnt realise as never told him thats why cos always see nurse in respitatory clinic).

I imagine if he puts this in a letter it should be enough to prove to the DLA that I am virtually unable to walk. Couldnt think of what else I should ask him to put.

I then wrote to my Orthopeadic Consultant who discharged me in June and said on the DWP medical form he stated my pain was disproportiante to level of arthritis but that the claim was for chronic pain and symptomatic arthritis. I know its not the arthritis causing all the pains when I walk its asthma and chronic pain which they cant identify why I have it. If he states the pain walking is because of that then hopefully that should help. At the moment it makes me look like Im implying its OA causing all the pain and its not.

Go to see my GP on Tuesday, CAB on Thursday and a week on Monday a Benefits Solicitor.

Dean xx

eckstardeluxe

Hi Dean

Just a thought. When you were measuring work etc, were you explaining to anyone why you were doing this? And also how many people at work know you've applied for this?

The reason being, I'm a bit suspicious someone has interfered here.

dean76

I told my 2 line managers after Id put in a reconsideration one had no comment but said he would do all he could to ensure my claim was sucessful and the other measured up for me.

The one who said he'd do all he could to help when it was refused I put a letter in his shelf asking him to do a letter of support for me. Will know on Monday what his reaction is.

Dean xx

tkachev

Keep battling Dean.It is just a case of getting all this info into the hands of the DLA.If it aint written down,and backed up,they will put you down as a nono.
You most definately have a case for DLA.However if your mothers health is not good that prob wont have a bearing,more likely they think you are coping even when she is ill.They have no proof otherwise.
Let us know how you get on.I will be looking out for you on the forum as this is an injustice.

Just wondering if you get any care or home help from social services.I get Direct Payments to pay for help in the home,collect medication,shopping etc.
Take care Tkachev.

dean76

Hi there and many thanks for your sincere kindeness.

I get lower rate care to enable mum to help me because of nerve damage to my left hand. Mum went to a Benefits specialist solicitor and applied for DLA 7 years ago. It was refused. We couldnt handle the stress of reapplying. So we dont get anything other than my DLA and wages. She is on income support as cant work because of mental health. Now I have depression its hard because when one of us is going through a bad patch if affects the other one more than it did.

What is the direct payments you talk about? How did you go about getting that?

Dean x

livinglegend

You must bear in mind that assessors are not medically trained. They don't have a clue as to your type/level of medication or what it means. They are there to assess, from the details on the DLA Application Form and the GP/Consultant's letters, whether you are 'unable or virtually unable to walk'.

They take it for granted that your Line Manager and friends are not medically qualified and thus will write anything for you. This is probably untrue, but they don't know otherwise and all that information is thus ignored.

The problems with your mother would have no bearing on YOUR claim not to be able to walk. Even though, understandably, this makes life depressing and difficult for you, does your depression mean that you are 'unable or virtually unable to walk'? People with depression can still walk, in their opinion.

Telling them how far you can walk on a regular basis is not helpful. The fact that it takes X amount of time to get from A to B is meaningless to someone sitting at a computer station in an office. For them, the frequency/distance of your walking and your ability to continue to do it, even though difficult, means that you do not fulfil their criteria for DLA.

While my comments above may look as if I am having a go at you, I am not. I am trying to explain to you why they said no.

They tend to use a Handbook which is online at http://www.benefitsnow.co.uk/handbook/Inflamatoryjointdisease.asp Read the piece on Mobility Considerations near the bottom of the page, this gives their criteria for walking problems.

There is also an assessment checklist at http://www.samh.org.uk/assets/files/18.pdf which contains the walking guidelines on Page 7, see how many points you can get. Scottish but still relevant.

I hope that you do well with your appeal, it is worth following up as many on here can confirm.

Joseph 8)

chinablue

hi there i would say to go for the appeal i did twice and got it twice, i had the help of the CAB, you just have to go in there let them see you at your worst and tell it like it is on your worst days. I had no back up from my gp or rhemy who both disagreed with me on how bad i was. Although i my rhemy never did anything for me he just gave me methatroxtate and said i should be better now and it was all because i was fat and i was making a big fuss about nothing. So i had no medical eveidence at all and still won my appeals although i didnt get the full mobitity on the second time round. But now have different gp and rhemy. My new rhemy has agreed with me that meds not working and had put me in for all sorts of test which in 3 years of seeing other one he never did this went in my favour at the appeal as it made him look incompident. My new one has found that i may need surgery and i am not making a big fuss about nothing and i still have to find out the rest but they want me to see the surgeon first.
I had and mri on a saturday and they rang and told me by the thursday and i will see the surgeon on monday to see if there is anything he can do or if it will be too dangerous (hope not). do my advice is go for it Luv and Hugs CB

cazsudz

I work for a CAB and used to help with a lot of DLA appeals. We would win around three quarters of them. So I can't promise you would win but should have a fair chance. And your chances double if you have a representative. You have one month to appeal from the decision date. So I would say get the CAB or your nearest advice centre to help you as soon as possible. They are used to the procedures and know the best way to argue your case.

You are best to go for the appeal instead of reapplying because if you win the appeal your money will be backdated to when you first applied.

Good Luck

Caz

cazsudz

Just thought I should add - they don't examine you at an appeal- its all verbal and you have to ask to have a verbla hearing otherwise they will make the decision on the papers alone and you have little chance of winning. You need to go along and put your case.

Caz

tkachev

Hi Dean

i get DLA for myself and I also get DLA for my autistic son.I dont get DLA because I have R.A AND my life is made more difficult caring for an autistic child.They were seperate claims and I had to approach each one seperately and they couldnt cross reference,even though his needs have exacebated my R.A.
I get Direct payments through social services.I was assessed as needing extra care at home,to get respite for my sons so my partner can have a break,and to do essential things I couldnt do because of my health needs.I get a monthly payment from my borough council and then I employ a carer to come to my house to help,and I have to pay them from an account set up for this purpose.
I didnt apply for direct payments,I just got told I was being assessed via the charity that helped me fill in my DLA claim.I was too out of it to know what was going on around me at the time!But I think you should ask the CAB for advice on Direct Payments.
I think most areas do direct payments although they are cutting back!
Take care Tkachev
Feel free to keep asking questions!