DLA

lorica

Hello everyone, Im now home from my holiday... I had a DLA letter sat on the door mat when i got home, and suprise, suprise my DLA has been refused

They say I dont qualify because:
1) I can walk, slowly in an adequate manner
2) I dont need help to turn over in bed
3) Im not at risk of falling.........

The list does go on a bit!

I wasnt asked to go for any medical, they are just basing the refusal on the application form and a doctors report.

I just cannot seem to get any help, I'm disabled :x ! and what makes me angry is i know some one who has just got full mobility and he's getting a new car and he walks better than me........

the system stinks!!!!!


Mark (sorry for the little rant )

dreamdaisy

You have to appeal, lorica. The problem with DLA is it isn't related to just walking, it covers everything, so your neighbour may have a heart condition or something of which you are not aware.

It's worth going to appeal, others here have more experience of it than me, I'm sure they'll help out when they read your post.

I hope it hasn't ruined your holiday - did the knee give any trouble? I think I'm right in thinking you had it drained before you went. Dreamdaisy

lorica

Hi Dreamdaisy, Yes i did have my knee drained just before my hols, it wasnt too bad, i did over do it!!! i had some sore days, but its just as sore now as it was before the draining, yet the hospital said they expect the steroids to last about 2 months!!!! they have also put me on stronger pain killers as well as anti-depresants, stomach protectors......

I have just rang DLA and had a rant at them, they are going to resubmitt the application with the reasons why i disagree, i did also explain when i appled for DLA i was being investigated for PA, but they have now diagnosed OA and the fact that im a prime candidate for TKR

know have to wait and see the outcome

Mark

dreamdaisy

I found steroid jabs a waste of time, a week was my maximum. OA and PA are completely different things - how come the muddle?! Astonishing. Let's hope they're on the right track now. I have PA, it started in 1997 but wasn't diagnosed until Oct 06 when I had my first, recognisable bout of the P.

Good for you for fighting back. All the good things in life take effort! DD

lorica

Not sure why they got OA and PA mixed up, to be honest i think i have both. My GP (who I would like to add is fantastic ) when he diagnosed the Gouty Arthur in my feet he said he thought I had OA as well, and it was the rhummy that said he thought it was PA.... (I do have Psoriasis)

Mark

frogmorton

Mark

as DaisyD said

you ahve to appeal

thses days it's almost agiven that we get turned down first go.

But do not do it alone

seek support from an agency such as CAB

Love

Toni xx

only49

hello

had just the same letter as you, i wonder if they got there computer stuck and not even looking at the info on the forms and setting it to print and getting a monkey posting the letters in a envelopes, there is something strange going on here, are they just looking at the part of the form that says arthritis and no more all most looks like they got something against us or are they so hard up the havent got the money to give us.

see if you can get the C A B to help i going about mine on thursday.

tjc123

Hi Ive also just had this letter.It makes my blood boil,I had to have a medical & I was poked & prodded by the time it was over I could hardly walk & when I got home I was shattered & fell asleep.

Same as the OP I too have a neighbour who has been awarded Low rate just for raynaurds & didnt get asked to go for a medical...It just seems so unfare.Im not trying to get at anyone who suffers with raynaurds as I have it myself.

tjc x

patriciamary

Hi Mark, I know how you feel, I received the same letter and phoned the DLA they asked me if I wanted them to "look at it again" obviously I said yes. They then sent me a form asking me if i wanted them to look at it again. I ticked the "look at it again" box, signed it and sent it back. I then got a letter saying the decision stood at they cannot look at it again. Then why the hell did they ask me if thats what I wanted them to do? I was so angry I appealed. It took 10 months before the tribunal. I attended the tribunal and guess what, the decision was overturned and I got DLA. backdated to my original application date. They system seems designed to put people off. They will drown you in paperwork and officialdom in the hope that you will give up. To be honest many folk do, and that suits the DLA. Contact CAB or any disability organisation in your area and they will help and support you throughthe appeal process. I hope you decide to appeal and did you know that over 50% of appeals are successful. Take a couple of days to recover from your holiday and then take it from there.
Regards
Trisha

jaspercat

Hi, I am agreeing with everyone else. you should appeal, alot of times I think they refuse people to see if they appeal or not, I have been refused twice, I know it gets you down, a lovely letter for you straight after your holiday love Jaspercatxx

lorica

I rang DWP and went mad wasnt happy :!: The woman at DWP said she could put in a request to have my case re assessed (But this is not an appeal) so i went through some questions over the phone with her...... why i didnt agree with it etc.....

Then today i got a letter from DWP to say they would re assess my case but it would take them 11 WEEKS :x to make a decision, and if i was successful and was granted it, then they would back date it to the start of this re assessment, and it would be upto the case officer (or what ever they are called) to decide if i could get it back dated to the start of the original claim :!: :x

I was talking to a friend who has PA bad and he walks with sticks, and has a lot of pain... he was told he wasnt elligable for DLA, and he was on ESA and he was summoned for a medical as the government was tigtening up on ESA, the person who did the medical declaired him fit for work and they took ESA off him!!! Stupidity :x but because of what happened to him he never appealled his DLA, and has never applied for anything else.....

Makes me so angry

skezier

Hi Lorica,

I just don't understand them an it makes me angry too. You have to use their system and it is so loaded against you. Can you get CAB r a Benefits officer on your side? I hope it all goes well for you and I am sorry its all such a fight. Cris x

dreamdaisy

I know 11 weeks seems like an eternity but the reality is, it's not only you. You are one of possibly hundreds in your area, and the system is overloaded. Yes, it's a pain and a nuisance having to appeal but how much worse would it be if there was nothing there at all? I know we all moan and complain about the systems but the alternative is far, far worse.

This isn't aimed at you in person, lorica, it's just a general, factual statement. Hang on in there, fight your corner, we'll support you on here and we'll keep our fingers crossed for the right outcome! DD

lorica

yet again i have been rejected for DLA for the same reasons of the first rejection.

Now need to go to CAB..... Im so fed up!!! :x

frogmorton

Oh Mark

I was so hoping....

I am sorry

the bu**rs!! You must go into CAB and we will try to keep you positive till then.

Make the apt with them asap.

Love

Toni xx

carola

dreamdaisy wrote:

I know 11 weeks seems like an eternity but the reality is, it's not only you. You are one of possibly hundreds in your area, and the system is overloaded. Yes, it's a pain and a nuisance having to appeal but how much worse would it be if there was nothing there at all? I know we all moan and complain about the systems but the alternative is far, far worse.

This isn't aimed at you in person, lorica, it's just a general, factual statement. Hang on in there, fight your corner, we'll support you on here and we'll keep our fingers crossed for the right outcome! DD

I hear where you are coming from DreamDaisy however the fact that 'things' could be alot worse does not help the people needing help. Up until March this year I worked all my life and therefore made National Insurance contributions - this is insurance for the nation which I am part of therefore expect to be given help when I need it. I hate the fact that we all have to put our begging bowls out for help when we need it. I will never roll over on the benefits system and accept it's errors.
Rant over

carola

So sorry to hear your latest news.l

Please try to keep your determined head on and get help from CAB. Don't give up. That is what the benefits system wants us to do - they make things so awkward that they hope we will give up applying.

Keep at it and we are all rooting for you.
Carol

livinglegend

The reason they are so overloaded is because they keep turning down genuine claimants who then appeal. They turn them down again and again and they appeal again and again and get their rightful payment. Three assessments instead of one, its no wonder they have a backlog.

As regards your claim, the wording you put on the DLA form has to virtually match their 'perfect' answer. If it doesn't, then you will be refused irrespective of what you put.

Take a look at: http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf
For the descriptors and scores start on Page 18/31 in the box at the top and it gives a guide to the 'perfect' answer. If you write, 'I cannot blah.......blah........', as per the descriptor, (just change it slightly ie. 35 instead of 50), then you may have a much better chance of success. Above all, tell the truth, they read these forms all day and can pick out, only 3% wrongly, many of the phonies.

Joseph 8)

lorica

I have now seen a welfare rights officer, he was very skeptical about me meeting the requirements. I was always told that you have to imagine its your worst day when u fill in the forms, and i was given the same advice by somebody that worked in the DWP, so thats what i did, so my worse day is when my gouty arthritis plays up i cannot get out of bed, let alone do anything else, but because i havent had a gouty attack in a while then they will ignore the fact i have gouty arthritis, he accepted that i needed a TKR and put that on the letter, and the fact that i loose my balance, and fall regularly, i also mentioned that the arthur was now in my jaw and very painful he said that wasnt relavant....... So im not holding my breath on winning the appeal.

I dont know what to do.... I have people saying yes you should get it and people saying your not disabled enough.... I'm fed up with it all I feel like a fraud, and im trying to scrounge money out of the state, and i dont like to comfare but i see people that have the same condition as me that have DLA and they can do things that i cannot do

livinglegend

lorica wrote:

I have people saying yes you should get it and people saying your not disabled enough

The only person who can say whether you are going to get DLA is the assessor who handles your case. Everyone else is simply guessing, so ignore them.

All you can do is apply and appeal if necessary. It's free to do so and the worst they can say is NO. But they could say YES, so keep going.

Joseph 8)

dreamdaisy

You have to battle on lorica, which is unfair and unjust I know, but don't let them get away with it. I am so sorry. DD

lavenderlady

I was awarded low care in 95 for my spondelothesis in my back left it for years as it was indefinate, my health took a down turn about four years ago I left things until both my consultants suggested I apply for it, so I reapplied late last year and put how my life had changed etc I had a phone call from a lady asking me how far I could walk , I told her and said I am not claiming high mobility becasue I could manage to walk a little albeit in pain, we had a general chat and was relieved to get middle care and low mobility indefinatly, of which I do feel is fair , if my health changes I will then reapply but I think you always need to try again other wise you will be thought of not really needing it or couldn't be bothered, always use the time when you are AT YOUR WORSE, and get someone who really knows how you are at your worse to add thier statement, good luck

bubbles

Mark, this is one topic that is so close to my heart, it will remain with me to the end of time. The backlog of claims runs into the tens of thousands. It is costly to arrange an appeal tribunal and there is a long wait, as the panel review everything from Council tax benefit, to DLA appeals.

I have had such a fight with the DLA, as people on here are well aware of. I always appeal in writing, stating my increasing care needs, which are significant and frequent and giving evidence to support my statements.
Will your GP and Consultants or carer/partner not write in support of your claim? The DLA ask that you let them know of any changes, which, we do and they subsequently ignore totally!!

Then you write to them again, when they say the decision remains unchanged and you ask for a first tier review. They will send out a form for you to complete, stating what areas you disagree with, you can add further evidence and write on extra sheets if necessary.

Send more letters of support, from whoever is responsible for your medical treatment and also for your care needs, this is an important factor. Go back to the GP, the Consultant etc, and ask that they help you with your appeal, it is likely that the DLA will write to your Doctors and ask questions about your care needs, more often than not, the Dr has no idea of your day to day care needs, so it is best to make them aware of what help you require during the day and or night.

DLA is not based on the actual conditions, (only in exceptional circumstances), it is needs based, ie, how long and how often you need help from another person, can you be left on your own for any length of time, are you at risk of falling, when was your last fall, can you wash, dress yourself. How far can you walk, is it less than 50 meters? What happens when you walk this distance, are you at danger or in considerable pain and require another person to be with you. Can you safely prepare a cooked meal from start to finish, not just a microwave meal. Do you suffer from any mental health issues, ie anxiety and or depression. List all your medication and itemise the side effects that you experience.

I fully expected to have to go in front of the appeal panel, but, it has stopped and the awards have been amended. I know that is not helping you, but I hope the advice is of some benefit. Please don't give up, that is what they want you to do.

If I can help in any other way, I would be happy to do so, it is so irritating that they make us go through the mill.

XX Hugs for a positive outcome XXX Bubbles

livinglegend

Well said Bubbles. A very good guide to what is expected by the DLA assessor.

Above all, Mark, be positive about your claim. Keep going.

Joseph 8)

silverbreak

bubbles wrote:

DLA is not based on the actual conditions, (only in exceptional circumstances), it is needs based, ie, how long and how often you need help from another person, can you be left on your own for any length of time, are you at risk of falling, when was your last fall, can you wash, dress yourself. How far can you walk, is it less than 50 meters? What happens when you walk this distance, are you at danger or in considerable pain and require another person to be with you. Can you safely prepare a cooked meal from start to finish, not just a microwave meal. Do you suffer from any mental health issues, ie anxiety and or depression. List all your medication and itemise the side effects that you experience.

Yes very pertinent advice. I've never applied for it because luckily I don't need the financial aspect of DLA. Yes it would save me a lot of grief if I had a blue badge because some days I just feel so sore I don't want to walk even 50 metres if I don't have to.
However because it is a financial allowance they will always do their utmost to turn down claimants.

livinglegend

silverbreak wrote:

it would save me a lot of grief if I had a blue badge because some days I just feel so sore I don't want to walk even 50 metres if I don't have to.

You can apply for a Blue Badge even if you don't apply for or get DLA. The guidance is here on Page 5, http://www.dft.gov.uk/adobepdf/259428/281009/bluebadge.pdf if you have a physical disability that means you are unable to walk very far without experiencing severe discomfort and you don't have to use it if you are having a good day.

Joseph 8)