Turned down for DLA...

Lemon_Corkscrew

.....what is the best way to get assistance with appealing?

Very basically I have been suffering from problems with my back for the last 2 years. It started as a simple 'bad back' which I received physiotherapy for. After some strange symptoms - losing all sensation between my hip and my foot on the right side - I was sent for MRI where it was discovered that I had two slipped or bulging discs.

Appointment with consultant followed, whereby he recommended spinal injections in the hope that it would alleviate the pain. I had the injections in November, but unfortunately it seems that I am one of the unlucky ones that it has made no real difference to

The pain is constant, but I have made adjustments to manage : regular painkillers, adaptations at work - chair, desk, etc. I can walk, but not far and not without making things worse. I can stand for short periods of times; I can get up and down stairs as long as I use them like a ladder; turning over in bed is very painful and often makes me wake myself up crying, but using the headboard, etc I can turn myself over. I get up from chairs, etc using whatever is to hand to help me balance.

I don't use a crutch when walking as it means I lean causing more pain to my back - I simply walk very very slowly, and allow A LOT of extra time to get anywhere.

Having read on here that you should complete the forms based on your 'average' day, I did so. Form completed and returned last Friday. Letter received this morning stating that my request was denied as:

* I can walk 100 metres slowly in an adequate manner

* Although I have difficulties, I do not need help from another person getting in and out of bed, getting dressed, getting up and down stairs, getting in and out of a chair or moving about indoors.

* I do not need personal care from another person for a significant portion or frequently as I am not at risk of falling, I am able to take reasonable precautions to prevent any dangers, and I do not need continual supervision throughout the day as I do not represent a danger to myself or others.

Finally, I do not need help turning over, changing position or adjusting bed covers.

A pretty comprehensive list of reasons why my claim was denied. Is it worth appealing? I was going to call the local CAB on Monday but I am aware that they are very busy, and wondered if there is anywhere else I could get help.

Sorry for lengthy first post over here, and thank you for any assistance you can give.

Regards
LC

moneybuster

The short version is YES ask for a GL24 from the DWP and write on it "the decision is wrong evidence to follow will explain why"

Pick your worst day always get a letter off your GP to back up what you are saying, check with your doctor about your medication are you on enough pain killers, write all this down (about your day) and together with your GP/consultant get the letter to the DWP (recorded) you have a month to do this. sit back and wait, after you have sent the letter they will do a revision of your case it could go to tribunal, this is where you appear in person to a panel of 3 people 1, solicitor, 2, doctor, 3. representative of the DWP, this is the time to put your case forward, it may not get that far, they could deside on the revision stage to give it you or not, if not go for tribunal. hope this helps

regards Moneybuster

Lemon_Corkscrew

Thanks Moneybuster. I have written a letter to my Dr asking for a supporting letter to go with an appeal. I have also emailed the local council Adult Social Care department to find out if there is anyone there who can help me do an appeal, or if they can recommend anyone. The CAB is closed (obviously) but will call them first thing on Monday.

mazza111

CAB were absolutely brilliant at helping me appeal my dad's case.

Dad was severely disabled before he died. Doctor came to house to do his review, went to his car and wrote a medical report about a totally different person, talking of dad's family (non existing adoptive son's etc).

Good luck with it, you sound as if you really need it.

[Deleted User]

Another place to get help is from Welfare rights,contact via most councils

Trasthmatic

moneybuster wrote: »

The short version is YES ask for a GL24 from the DWP and write on it "the decision is wrong evidence to follow will explain why"

Pick your worst day always get a letter off your GP to back up what you are saying, check with your doctor about your medication are you on enough pain killers, write all this down (about your day) and together with your GP/consultant get the letter to the DWP (recorded) you have a month to do this. sit back and wait, after you have sent the letter they will do a revision of your case it could go to tribunal, this is where you appear in person to a panel of 3 people 1, solicitor, 2, doctor, 3. representative of the DWP, this is the time to put your case forward, it may not get that far, they could deside on the revision stage to give it you or not, if not go for tribunal. hope this helps

regards Moneybuster

The danger in picking your worst day as suggested above is that if your medication or any medical evidence obtained does not support these "worst day" needs you'll do your claim more harm than good. DLA is considered on what needs you have most of the time, not just on bad days. If you have a variable condition, be honest, describe all the variations. The more information you can provide, the better decision can be made.
Also any appeal request has to contain the reasons why you consider the decision was wrong. Writing "the decision is wrong evidence will follow" simply means they will write to you asking for valid grounds and this will delay your appeal being registered and of course delay it being sent to the Ministry of Justice (new name for the The Appeals Service).

moneybuster

Trasthmatic wrote: »

The danger in picking your worst day as suggested above is that if your medication or any medical evidence obtained does not support these "worst day" needs you'll do your claim more harm than good. DLA is considered on what needs you have most of the time, not just on bad days. If you have a variable condition, be honest, describe all the variations. The more information you can provide, the better decision can be made.
Also any appeal request has to contain the reasons why you consider the decision was wrong. Writing "the decision is wrong evidence will follow" simply means they will write to you asking for valid grounds and this will delay your appeal being registered and of course delay it being sent to the Ministry of Justice (new name for the The Appeals Service).

Your right:rolleyes: Moneybuster Higher rate Mobility and Middle rate care as well as a member of yourable.com disability forum please use this forum for the best advice upto and after your claim please don't listen to the muppet on here.


As days vary you should pick the worst out of your varying worst days the reason you write "the decision is wrong as evidence to be sent later will show" on the back of your GL24 is that it gives you extra time in which to gather all your evidence from all the doctors consultants etc. i am on 23 tablets per day to deal with my condition and i varying bad to worse days then bad to worse weeks then just bad which one gives me the most trouble the worse days or the prolonged bad weeks one thing i can say if you follow trasthmatic's advice kiss goodbye to your claim

Regards Moneybuster

Lemon_Corkscrew

Thank you all for taking the time to respond - I really appreciate it. :beer: I haven't been able to log onto youreable.com - it keeps timing out, but I will keep trying.

Trasthmatic

moneybuster wrote: »

Your right:rolleyes: Moneybuster Higher rate Mobility and Middle rate care as well as a member of yourable.com disability forum please use this forum for the best advice upto and after your claim please don't listen to the muppet on here.


As days vary you should pick the worst out of your varying worst days the reason you write "the decision is wrong as evidence to be sent later will show" on the back of your GL24 is that it gives you extra time in which to gather all your evidence from all the doctors consultants etc. i am on 23 tablets per day to deal with my condition and i varying bad to worse days then bad to worse weeks then just bad which one gives me the most trouble the worse days or the prolonged bad weeks one thing i can say if you follow trasthmatic's advice kiss goodbye to your claim

Regards Moneybuster

Muppet...hmm. What a pleasant person you are Moneybuster. Very strange that you object to me advising someone to be honest.

Yes writing "the decision is wrong evidence will follow" will gain you further time but only because you will be delaying the appeal getting registered. Once a valid appeal has be registered you can send in further evidence right up until the day of the appeal. And of course you can bring even more evidence with you on the day of the hearing if you choose to have an oral one (which is usually the best option).
On the GL24 briefly write why the decision is wrong as this way you will get the appeals process started straight away and then send in all the evidence you think will support the claim.

moneybuster

Trasthmatic wrote: »

Muppet...hmm. What a pleasant person you are Moneybuster. Very strange that you object to me advising someone to be honest.

Yes writing "the decision is wrong evidence will follow" will gain you further time but only because you will be delaying the appeal getting registered. Once a valid appeal has be registered you can send in further evidence right up until the day of the appeal. And of course you can bring even more evidence with you on the day of the hearing if you choose to have an oral one (which is usually the best option).
On the GL24 briefly write why the decision is wrong as this way you will get the appeals process started straight away and then send in all the evidence you think will support the claim.

do you work for the DWP;)

Trasthmatic

Why? Would working for the DWP devalue any advice I gave?