DLA / AA Decision Maker - CLOSED - REFERENCE ONLY

Justice1_2

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Justice1_2

Hi Thanatos,

I have been redirected to your forum site from another, a lot of people are singing your praises for the amount of help you have given.

I was wondering if you could offer me some advise.

I was awarded DLA 12 years ago, MRC for life(I know that it is indefinate). It was given to me for 2 suspected conditions at that time I was awaiting confirmation from consultants. Cnditions were confirmed and all consultants reports gave prognosis as likely to be permanant. Since this I have now 3 further disaballing conditions.

This year I received a periodic enquiry to complete. To be honest I just couldnt be bother completing the form and left out a lot of information about my care and mobility needs and left nearly all the boxes unticked. EMP visited and her report seems to be based mainly around her observations and she did not take a lot of notice of typical day etc.

When my claim was disallowed, I wrote to dwp and admitted that some of the fault lay with myself because of how I completed the form and I sent them indepth details of my typical day. I have lodged and appeal(Oral) and I am waiting on a date a present.

There are a few thing I would appreciate you advice on. The EMP ticked the box YES to mobility restrictions. She has noted, walks with limp, swaying left, slowed to 40/50 meters per minute, in pain throughout, and breathless on return. Estimated onset of severe discomfort 100-150 mtrs.

I dispute the distance before severe discomfort started, but setting my dispute aside, do you feel that by what she has written, I could in some way meet the criteria for HRM. If her distance is correct, this was only the distance at this particular time, and I have already informed the DWP that this is in no way typical.

Also, should the EMP have completed the page where she can actually give her opinion on all effects of customers disabaling conditions, she has left this page completely blank. I have also sent DWP a very detailed explaination as to where I feel the EMP has been incorrect and where she has contradicted herself, and in some areas has misled the decision maker.

Since doing this, can the decision maker still change the decision before appeal as a reconsideration was given on my case from the time I sent them my typical day details after the EMP visit.

Hope I have been clear enough here, and your opinion would be very much appreciated. Thanks

CatherineS

Hello again Thanatos!
Thanks again for all your help and advice, I have now completed my DLA application form (I was the one early on this thread who has Multiple Sclerosis) - OMG that was a gruelling and depressing task and I only just managed to send it off in time before the deadline (sent it recorded delivery though to be sure it got there in time).

I have just one further question:
Are you given some sort of "quota" as to the number of claims you can award within a period? I ask this because a couple of years ago my father had to go into care and we had huge problems getting his care home fees funded because social services were "running out of budget", so each week his case was put to the review panel until eventually he was accepted. Does anything like this apply with DLA?

Thanking you in advance (I won't thank you again after your reply, this thread is already long enough - but I do really appreciate all the time you are spending replying to our questions :T )

tightperson

Justice1 wrote: »

There are a few thing I would appreciate you advice on. The EMP ticked the box YES to mobility restrictions. She has noted, walks with limp, swaying left, slowed to 40/50 meters per minute, in pain throughout, and breathless on return. Estimated onset of severe discomfort 100-150 mtrs.

Hi there, I am interested to know what Thanatos says to this one as my wife has just had her award through and we were expecting/hoping for LRM & LRC but all she got was LRC.

My my wifes walking was judged to be 100m in 2 minutes, in dicomfort from the start, severe discomfort after 100m then needs to sit, walking crookedly to one side due to severe scoliosis. If that's anything to go by you might not even get LRM.

maytaurus

A very big thank you for your time in this thread Thanatos :A

I wondered if you have any knowledge of people appealing an appeal tribunal decision for refused DLA ? :beer:
I am seeing someone this week with a view to doing this.
Someone on the benefits enquiry line told me that
''it was most unusual for an appeal to be made against an Appeal Tribunal decision and very rare for anyone to meet the criteria in order to do so.''
Obviously this has been an ongoing process & I have had nearly 300 pages sent to me by the Appeal people & there's know way I can go through it all, I'm just not well enough.
Briefly ......
I had a letter of support from my GP and a letter of support from
The Walton Centre for Neurology and Neurosurgery and another from
The Royal Liverpool and Broadgreen University Hospital, which also included information about my diagnosis, health and the way affects me and they even enclosed a copy of the
National Institute for Health and Clinical Excellence
guideline on diagnosis and management of the conditions I have, asking for the decision makers to read them.
The DWP told me to claim DLA in 2002, but I didn't as I thought I'd get better.
Then after 7yrs of tests/diagnosis etc ,I put in a claim in October 2007
I have obviously been refused at every level to get where I am now and it's a daunting/frustrating situation to be in, but my principals say I should try one last time, rather than just put a new claim in, as I am very genuine and honest.
I don't know if I could cope with it though, if it's really so difficult, as the last 12 months have been really hard & made my health even worse.

This is the link for people who would like to view their own specific health topic

http://www.nice.org.uk/Guidance/Topic

22 Oct 2008
NICE issues guidance on treating chronic pain

To all of you struggling with health problems and red tape ..........

JUST KEEP SWIMMING !!

Justice1_2

tightperson wrote: »

Hi there, I am interested to know what Thanatos says to this one as my wife has just had her award through and we were expecting/hoping for LRM & LRC but all she got was LRC.

My my wifes walking was judged to be 100m in 2 minutes, in dicomfort from the start, severe discomfort after 100m then needs to sit, walking crookedly to one side due to severe scoliosis. If that's anything to go by you might not even get LRM.

I have had a look at different commissioners on the virtually unable to walk topic, from what I have read, the distance alone is not the main issue, like me your wife does not have a normal walking manner, she did reach severe discomfort(although their definition of severe discomfort is pain accompanied by exhaustion and or breathlessness). One of the commissioners accepted that severe pain outways severe discomfort. I am under the impression that it's only severe discomfort that they gave any notice to, they all dont seem to be interested that severe pain alone also leads to other severe discomforts. Did your wife explain that her pain causes complete exhaustion.

It's all laughable really when there isnt even a medical definition of the word discomfort. When you look it up in an ordinary dictionary it says "mild Pain", I am guessing that your wife, like me, would not consider her pain from walking in any way mild. And how do these two words go together, Severe Mild Pain, it dosnt even make sence, and I'm not someone with the best IQ on the planet.

In the end it all boils down to something else along with the pain for them to class as severe discomfort. Dont know about your wife, but I can tell you that I am going to fight with all the power left in me to get my entitlements, one for me and for all the genuine people with care and mobility needs relating to their disability.

I'm in the process at the minute completeing a new DLA for to run along side my appeal, and I can tell you one thing I will be doing this time, I will make sure that the next EMP leaves my home with ALL details of my typical day and I will have my carer present the next time. I hope your wife is ableto do the same.

Talk anytime, and i will keep you posted as I progess with anything that may be of help to your wife.

peediedj

just had our son,s dla renewed for another 6 years(until he,s 18) he has started walking more over the years with help of a k walker(cant walk unaided) had 2 operation on his hip in last 2 years as ball was coming out the socket,which put his walking back a fair bit,he wouldnt even let his physio near him for 8 months after the op,walks a fai bit with k walker at school but at home crawls every where,was very wary about whether high rate mobility would be renewed,wrote to our gp and every thing was fine,last time we had to appeal,but this time he has additional diagnosis of autism so maybe that helped

Justice1_2

maytaurus wrote: »

A very big thank you for your time in this thread Thanatos :A

I wondered if you have any knowledge of people appealing an appeal tribunal decision for refused DLA ? :beer:
I am seeing someone this week with a view to doing this.
Someone on the benefits enquiry line told me that
''it was most unusual for an appeal to be made against an Appeal Tribunal decision and very rare for anyone to meet the criteria in order to do so.''
Obviously this has been an ongoing process & I have had nearly 300 pages sent to me by the Appeal people & there's know way I can go through it all, I'm just not well enough.
Briefly ......
I had a letter of support from my GP and a letter of support from
The Walton Centre for Neurology and Neurosurgery and another from
The Royal Liverpool and Broadgreen University Hospital, which also included information about my diagnosis, health and the way affects me and they even enclosed a copy of the
National Institute for Health and Clinical Excellence
guideline on diagnosis and management of the conditions I have, asking for the decision makers to read them.
The DWP told me to claim DLA in 2002, but I didn't as I thought I'd get better.
Then after 7yrs of tests/diagnosis etc ,I put in a claim in October 2007
I have obviously been refused at every level to get where I am now and it's a daunting/frustrating situation to be in, but my principals say I should try one last time, rather than just put a new claim in, as I am very genuine and honest.
I don't know if I could cope with it though, if it's really so difficult, as the last 12 months have been really hard & made my health even worse.

This is the link for people who would like to view their own specific health topic

http://www.nice.org.uk/Guidance/Topic

22 Oct 2008
NICE issues guidance on treating chronic pain

To all of you struggling with health problems and red tape ..........

JUST KEEP SWIMMING !!

As far as I am aware, you have to be able to prove that the Tribunal errored in law to be able to apply to the commissioners.

It may be helpful to you to read through some commissioners decisions, put in a search for reported commissioners decisions on the net, they usually give you different years to choose from. Have a read through these and you may come across something that you can apply to your own circumstances where maybe the tribunal panel failed to apply the law to when dealing with your appeal. If you cant find them I will have a look at my history to see where I found them. Give me a shout back anytime, not too loud though, head busting.

Thanatos

Ali_Love wrote: »

Hi Thanatos

Wondered if you can help me. My son has been diagnosed with Aspergers Syndrome and I applied for DLA in June of this year. I thought I had filled in the form quite well. DLA wrote to the school for a report which I believe they basically said he had no problem. I have had a problem with the school for the last 6 years and had to above their head to get an additional needs assessment carried out which identified he did have additional support needs.

Anyway, based on the school report I think, I was refused DLA. I have since requested a reconsideration of decision and have now submitted, GP Letter, Diagnosis Report, Letter I sent to authorities seek additional support, report from NHS Child & Family Clinic where son has attended for 3 years, report from Integrated Childrens Services where he gets support for social interaction, individual education plan and also a letter from me giving further detail to the answers to the questions on the original application. I have also asked them to reconsider the school report in light of the additional paperwork and evidence.

Given the above, do you think the decision will be turned around ?

Many thanks for any help

Alison

Well, you pretty much have done everything I would have suggested, so hopefully this will do the job! Good luck!

Thanatos

Justice1 wrote: »

Hi Thanatos,

I have been redirected to your forum site from another, a lot of people are singing your praises for the amount of help you have given.

I was wondering if you could offer me some advise.

I was awarded DLA 12 years ago, MRC for life(I know that it is indefinate). It was given to me for 2 suspected conditions at that time I was awaiting confirmation from consultants. Cnditions were confirmed and all consultants reports gave prognosis as likely to be permanant. Since this I have now 3 further disaballing conditions.

This year I received a periodic enquiry to complete. To be honest I just couldnt be bother completing the form and left out a lot of information about my care and mobility needs and left nearly all the boxes unticked. EMP visited and her report seems to be based mainly around her observations and she did not take a lot of notice of typical day etc.

When my claim was disallowed, I wrote to dwp and admitted that some of the fault lay with myself because of how I completed the form and I sent them indepth details of my typical day. I have lodged and appeal(Oral) and I am waiting on a date a present.

There are a few thing I would appreciate you advice on. The EMP ticked the box YES to mobility restrictions. She has noted, walks with limp, swaying left, slowed to 40/50 meters per minute, in pain throughout, and breathless on return. Estimated onset of severe discomfort 100-150 mtrs.

I dispute the distance before severe discomfort started, but setting my dispute aside, do you feel that by what she has written, I could in some way meet the criteria for HRM. If her distance is correct, this was only the distance at this particular time, and I have already informed the DWP that this is in no way typical.

Also, should the EMP have completed the page where she can actually give her opinion on all effects of customers disabaling conditions, she has left this page completely blank. I have also sent DWP a very detailed explaination as to where I feel the EMP has been incorrect and where she has contradicted herself, and in some areas has misled the decision maker.

Since doing this, can the decision maker still change the decision before appeal as a reconsideration was given on my case from the time I sent them my typical day details after the EMP visit.

Hope I have been clear enough here, and your opinion would be very much appreciated. Thanks

Hi,
Yes even if you havent asked for a reconsideration, a DM still has to put the the submission together, and if they feel the decision was wrong will change it rather than let it go to appeal.

Based on what you have said, it is possible you may come in under gait, plus the fact the EMP has described you as in pain throughout you bottom line is it comes down to a judgement call by a DM (the old opinion based benefit rather than points score problem).

It not one I could call either way to be honest, so chances are it will end up with a tribunal decision. Hope all goes well for you!