DLA appeal

marl57
marl57 Member Posts: 17
edited 29. Jul 2011, 04:06 in Living with Arthritis archive
Hi i am new to this site i have had RA for 30 years and i have now got OA the last 5 years . I worked although in pain all the time until xmas 2010 i lost my job i was by then finding things really hard and struggling as my arthur as i call it was so painful. I applied for DLA and was awarded low rate care in Jan they hadn't taken into account my walking and so was not awarded anything for mobility as getting about was worse i asked them to look at it again. I had to have a medical at home i told the examiner the problems i had and he agreed that my hands had no grip ,swollen , my ankles constantly swollen plus everything else i answered the questions that he asked . I then got a letter saying that i wasn't entitled to the low rate care i am appealing they sent me copies of the examiners report and it was so different from what i had said plus his notes were actually contradicting my doctor and specialists. He had also put comments against questions that i hadn't been asked i really thought i was reading about someone else it was unbelieveable.

Comments

  • valval
    valval Member Posts: 14,911
    edited 30. Nov -1, 00:00
    sorry to read this but apeal and get c a b to do it for you they trying to stop lots of peoples money at the moment so do not give in with out a fight you deserve the money good luck val
    val
  • liesa
    liesa Member Posts: 821
    edited 30. Nov -1, 00:00
    Hiya Marl57
    so many are having this done to them myself included, im still fightng to get mine back, they let me keep the higher rate of mobility but stopped the middle rate of care component and my daughters carer allowance she had in order to help me, due to finding this site and i think signing a petition i also got my MP involved hes also helping me, im having help with the disabled federation in brighton,
    fight for it, Good luck xxxxx
    love and hugs
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  • frogmorton
    frogmorton Member Posts: 30,027
    edited 30. Nov -1, 00:00
    Hi

    This is a regular and persistent story.

    You will appeal wont you? You WILL be brave and appeal?

    We will be behind you, but you get support like CAB - they make a huge difference to the outcome...though some guys on here have managed single handed!

    The other thing l keep saying is that those of us with obvious disabilities need to if they can visit their MP and show him/her and ask em to bring it up in the house of commons....they are the ones who could actually DO something :grin:

    rant over sorry :oops:

    Hey WELCOME :grin:

    Love

    Toni xx
  • marl57
    marl57 Member Posts: 17
    edited 30. Nov -1, 00:00
    Hi and thank you for your comments and support. I am trying to contact the CAB to see if they can help me. It makes me wonder what they expect people with disabilities to do just sit in a corner and do nothing. I had a phone call last week and the woman asked me if i could use the mouse on the computer i said yes but it is painful she also asked if i could type OK . She sent her report to the appeals people as i got a copy on Sat to put with my appeal papers.
  • liesa
    liesa Member Posts: 821
    edited 30. Nov -1, 00:00
    I went through the brighton and hove disabled federation, do you have anything like that where you are? they were amazing,
    love and hugs
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  • marl57
    marl57 Member Posts: 17
    edited 30. Nov -1, 00:00
    Hi update on my appeal i have been to the CAB and they are helping me . Thanks for your support.
    Marl x
  • liesa
    liesa Member Posts: 821
    edited 30. Nov -1, 00:00
    fingers crossed xx
    love and hugs
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  • lorica
    lorica Member Posts: 187
    edited 30. Nov -1, 00:00
    Hi Marl,
    only just seen your post sorry, I have been fighting DLA and ESA for sometime now, recently I won the fight against ESA, but DLA are proving more stubbon. My fight with DLA has ben complicated, as im fighting my first application tribunal result and my second application. (after failing my tribunal I was advised by my social services advocate that I needed to reapply so i did and was refused again....)

    My advice would be dont let them get away with it, fight, dont give up. I did go to CAB once but for me they were not that helpful, plus my local CAB is miles away from where I live, its hard to get to and its on the first floor of a building with no lift!

    My MP did give me some help.... Just keep fighting.

    Collect as much evidence as you can, reports etc. When I visit my Rheumatologist he always gives me a report to hand overto my GP, so i scan it into the computer before handing it over. Keep a list of all your hospital appointments, and make notes if any treatment has been done, make a list of your medication and dosage etc. I have two files full of evidence but just dont give in, before I forget if you ever have a medical always ask for a full copy, and if you are not happy with the report complain. I didnt ask for my medical report after my ESA assessment straight away and several months later I did ask for a copy and when i got it it was a complete work of fiction Steven King would have been proud of! At the time I didnt put in a complaint and it came back and bit me on the bum :shock:

    Fight, fight and fight

    Mark

    By the way I have Gouty Arthritis, Psoriatic Arthritis and Osteoarthritis :sad:
  • barbara12
    barbara12 Member Posts: 21,281
    edited 30. Nov -1, 00:00
    Hi Marl
    I am so sorry you are being treated like this, but it does seen to be the norm now, the government picking on the vulnerable
    Has for your letter, we have had so many on here that have said the same, it was like reading about someone else.
    So you get your appeal under way, and I wish you well with it
    Please let us know how you get on.
    Take care
    Love
    Barbara
  • marl57
    marl57 Member Posts: 17
    edited 30. Nov -1, 00:00
    Hi and thank you for your replies i will keep fighting as best i can . I know that the government are trying to get people off DlA and other benefits but to take the word of an examiner that hasn't in my opinion put the correct facts and information . Q. do you have problems with taps A. yes very difficult. His reply you would be better with the long handle type . In his report no problem with taps. On the report sheets he put Physio none i was never asked i had physio for 3months and it had to be stopped because it was making me worse. No problem with Cervical Spine he put ,but on my specialist report to my doctor it clearly states Degeneration of cervical spine and lists the exact places. The list is endless i showed it to my Doctor and he couldnt believe what had been written. So he did me another letter to send to the appeal board. There is something seriously wrong with how these examiners do there report and it needs sorting out . The examiner also said as he was leaving that he would fill everything in later as he was going to another appt . The forms should be filled in there and then .

    Sorry i could go on and on .
    Marl x
  • marl57
    marl57 Member Posts: 17
    edited 30. Nov -1, 00:00
    Hi i have had my appt with the CAB she is going to read through all the papers for the Tribunal and let me know . She did say that it is difficult as they tend to believe their Medical Examiners report. I explained that a lot of his report wasn't true so i will see what happens now . I am so fed up with it all and would love to say forget it . I would rather go to work if someone would employ me with all my problems this is the first time i havent worked since leaving school thats 42 years .

    Marl xx
  • tkachev
    tkachev Member Posts: 8,332
    edited 30. Nov -1, 00:00
    Good luck.

    Elizabeth
    Never be bullied into silence.
    Never allow yourself to be made a victim.
    Accept no ones definition of your life

    Define yourself........

    Harvey Fierstein
  • arthrituscarerto2
    arthrituscarerto2 Member Posts: 8
    edited 30. Nov -1, 00:00
    good luck with your appeal i hope it all goes well