DLA Appeal

Blakespops

Hi all,

I have sent off an appeal against my DLA award and today got a letter stating they will look again at the claim and if i do not hear anything in 11 weeks to contact them, this seems a long time I thought they sent out details they looked at to make claim so i could sort a full appeal for tribunral. the letter i sent stated "
Dear Sir or Madam,

Further to the enclosed form GL24 lodging my appeal against the decision dated 30th December 2008 for both mobility and care components of Disability Living Allowance I would like to use this letter to expand a little on the reasons I feel it is wrong, also I will be sending in more supporting medical information once I have been able to see my GP, physiotherapist and seen the welfare rights advisor who will help me with my appeal. I understand you will send out to me a pack that contains ALL information used to reach the decision before I need to send in my full explanation of appeal. This I would need to show the welfare rights advisor who are better placed to assist me in complying with the correct procedure of appeal but due to the need to send this form to yourselves within the time of 28 days a full and complete explanation of my reasons can not be sent without seeing all information used to reach decision.
As the EMP report you sent me is 70% illegible to me and everyone I have shown it to I have been told to request a typed copy of the report.

In November 2008 I attended a medical for my Claim for Disability Living Allowance here in Preston, only to be turned away because that day I was in a wheelchair and as the medical was to take place on the 4th floor I was classed as a fire risk so could not be seen, this happened when a doctor came down to the main reception area on the ground floor to speak to me in full view and earshot of everyone there making me feel like a third rate citizen, yet other people who attended and could walk were seen so I am wondering why you treated me differently from others just because I was having another bad day. Disability discrimination act is supposed to have stopped this happening and the fact that it was at a place that does medicals for disability benefits just makes it worse. By the time your doctor came to see me at my home I was on one of my better days.
The spinal problem I have with the bulging discs at L4 and L5 are putting pressure on the sciatic nerve. This is why I get the weakness in the legs during the bad times and slow gradual improvement as time goes until the next time that is flairs up. My physiotherapist has referred me to the hospital for surgery on the issue, although she warned me that it only has a 50% success rate and as with all spinal surgery I could end up worse than now. She told me they have 18 weeks from referral to action so I am expecting an appointment to see the orthopaedic surgeon very soon so I can find out more details about surgery and risks, however pain is so bad I am willing to try and risk anything if it could help. I also have a wedge fracture at T7 and the physiotherapist told me this will always be weak and that I need to be careful as if it goes I could be paralysed from there down, some days I think this paralysis would be a blessing rather than a curse as it would stop the pain.

When my back is at its worst the time from that to being at my best varies anything from a week or two for a more mild inflammations to what has been the worst of 4 weeks before I could walk again so this we averaged out to 16-18 days per month

Within the EMP Report you sent to me I am able to point out that he states I have on average 16-18 bad days per month, during these times I am unable to walk or move at all, even changing position causes severe pain and cramping in my lower spine and down my legs. Thus during this period the amount of mobility is zero and I need constant care day and night. As this passes my movements slowly return by using a wheelchair to get around and following medical advise from physiotherapist to do exercises daily to assist my movement until I get to the point that I can walk again unaided although I tend not to go out on my own due to pain walking even when not a bad day, and fear of a trip or fall when my legs give way. This happens like an electric shock shooting pain going down the leg from lower spine and leg and hip just seems to buckle beneath me. Luckily this has not resulted in heavy fall yet as am almost always with wife and able to hold on to her or something else preventing the fall.

AS for help in bed, during my bad days and nights I have help from my wife for toileting needs as I can not move myself into a position to use a bottle without pain, being propped up enough to eat even bringing me my drinks and pills.

If for 16-18 days per month I am unable to walk or do things for myself how can I do any of the following that you say I can?
Walk 300 meters slowly in an adequate manner in 5 minutes.
Walk up stairs unassisted
Use or get to toilet unassisted
You claim I can lift and carry safely
Do not need help to sleep comfortably
Do not need care of another person repeatedly during the night
These things are true of my better days but those are in the minority and not a typical average day."

Merry_Gentry

Wow, I can't believe they turned you down! Wishing you all luck with your appeal, and I hope your good days outweigh the bad :grouphug:

Blakespops

I was only awarded care componant at lowest rate.

just wondered if thia 11 week thing is normal.

mouseymousey99

Hello - somewhere on one of the boards (where) is a very similar posting from someone else who came unstuck at Preston with a wheelchair...I'll keep looking.


** Now I understand - its here ***
http://forums.moneysavingexpert.com/showthread.html?t=1400983

Blakespops

mouseymousey99 wrote: »

Hello - somewhere on one of the boards (where) is a very similar posting from someone else who came unstuck at Preston with a wheelchair...I'll keep looking.


** Now I understand - its here ***
http://forums.moneysavingexpert.com/showthread.html?t=1400983

that was me now just my appeal going through

glossgal

You've made some good points but to be honest you need to get some professional help from here on in if you can as some points in your letter could be taken out of context by a decision maker ie possibilty of an operation in the future, having good days etc. I'm not saying this to alarm you just that you need someone more used to presenting information to the DWP-do this asap as you need to be gathering medical evidence in the next few weeks ideally.

[Deleted User]

The time frame of 11 weeks is not unusual,as already said you need to get some help with the appeal,welfare rights or cab are best bet.
I often think that talk of operations in the not to distant future and good and bad days really do muddy the water a little bit.
However the wheelchair situtaion is ridiculous,if I were you I`d speak to my MP about that one
good luck

Blakespops

We have been to the welfare rights place in preston but were told that until DLA send the information they used we would not be seen so have had to act alone in the appeal so far and are unsure as to what happens next, if we need to do more yet or do we just wait for them to send information?

sweetiepie2121

Good luck with your dla appeal.

I appealed nov last year.
It taken more than 11 weeks so in the end I had to chase dla about my reward.
Lukily I got a good result out of it.

Even if u dont agree with that appeal desion u will be able to apeal again.

Blakespops

Finally got local Welfare Rights to give me an appointment go to see them monday coming. phoned DLA and they say no matter how i opened the letter they take it as my full appeal and will only send me the paperwork requested once they decide if will change decision.

windmillbubs

have a look at the benefits and work website (google that!) as it contains LOADS of info - i have just last week had a successful tribunal following a claim in june 2007 and could not have done it without this literature.

good luck xx