failed dla application

Diandra83

Hi!! I am feeling very grumpy today, found out that my claim for DLA has been rejected :shock: I know major surprise!!

The problem I have is that they did not bother to contact any medical professional that I listed - i know know that was fault number one, I should have got reports! Although thankfully I did go to a benefits person to get help filling out the form.

Can anyone help with some advice as to what to do next?? And any ideas how long an appeal can take? I attended a medical in feb for esa which lasted all of 10mins and they never even had me do movements or whatever and I failed. I was very angry when I got my report through for that because they never contacted any doctors and also the atos person didn't write what I said more their interpretation and I still haven't had my appeal through for that.

I feel like I am being treated like a liar :x obviously walking sticks are the new trend and its what every 28yr old wants - i must have missed that!! And since the fact "I was well presented and had a pleasant manner" went against me do you need to show up filthy and be rude to get somewhere??

HELP!!!!

Folara

Firstly, breath. Don't get angry get even

You should ask for a reconsideration for both your ESA and DLA. Get as much evidence as you can from your doctor, physio's, OT etc. you will probably have to pay for these letters but it's worth it in the end. Make sure you ask them to state what you can't do in accordance with the descriptors, eg How far can you walk? Then you would need them to state you are unable to walk further than .....

Now here's another lesson. When asked a question answer in the negative. It's NOT I can only walk 20 metres, it's I am Unable to walk further than 20 metres.

Always think of your worst days, never your good days. Let's face it we have more worse than good anyway.

Next, go through your ATOS report with a fine toothcomb marking every single error made, put in a letter and send Recorded Delivery to ESA and DLA. The DLA do use ATOS medical reports even if they say they don't.

Ask for a Statement of Reasons from both the ESA and DLA. These should highlight exactly why they considered you shouldn't have ESA and DLA.

Finally get your MP involved. You can google them and get an email address. Send them copies of ALL your correspondence as well as a letter fully describing your problems and the troubles you have had trying to get the help you are entitled too. Also make sure you tell them of all the errors within the ATOS medical. The DWP have to reply to an MPs correspondence within 15 days, they cannot simply ignore them.

If your ESA goes to tribunal, make sure you do a face to face one.

Really hope that helps but please come back and ask any questions. There are a good few of us who have been exactly where you are now.

Fols xx

stickywicket

Sorry about that but, if you read tillypink's thread you'll see it's worth persevering.

barbara12

Hi Diandra83
I am sorry to hear this but not surprised, they do like to make us jump through hoops, but like Sticky has said you read tillypinks post...do not give up ..and I wish you well with it all .

SteveBurns

I've been there and am up to the appeal part now.

I suggest you ask for a statement of reasons, as has been said already, then if you do not agree with what is written and there are obvious lies in there put in a complaint about whoever it is that's lying.

There are certain Decision makers that do everything they can to refuse the award.

Good luck.

Harlansmummy

Absolutely appeal, appeal, appeal! I am just waiting to hear back after being reassessed but am in no mood to be messed around!

I really do think they turn people down in the hopes we won't bother appealing, then it saves a few quid :x :x :x