DLA Appeal

SuziQ

What a lovely surprise! I must admit when my son was awarded DLA in July,I didn't know until it was pointed out by the good folk on here that my CTC would go up (consierably as it turned out.) It was also backdated to May when he was awarded from so it was lovely for a while! I was able to get him some educational toys and take the kids to a theme park,happy days.

Blakespops

minigirl762003 wrote: »

Just a quick update. Our local MP is now very interested in our case and we are meeting him on Monday with all our paperwork. SO hopefully that will help to strenghten our case.

Hope that you take along a print out of their decision makers guide that use epilepsy as an example seeing as says what should get and why. seems to me like they give you good grounds to appeal with just that. Good luck either way.

minigirl762003

Thanks Blakespops didnt think of that. Head is a bit fuzzy at the mo as we are moving this weekend as well so really busy.

jennymw

i'm in a similar boat. I originally applied January 2007. AT the time i hadn't been diagnosed but in May 2007 was diagnosed with ME/CFS. Was turned down and had to appeal at which i was awarded HRM and HRC.

Now at renewal have been refused again, mainly on basis of an EMP report that glibly rates all my limbs as not being impaired whilst stating at the same time, "lack of physical signs not uncommon [in] CFS." So basically he is saying it's common for there to be no physical signs of impaired functioning such as joint swelling as in arthritis or muscle wasting, whilst basing a recommendation that i am not functionally impaired on exactly the lack of physical signs of impairment!!!

He has said i can do everything...he hasn't recorded the scar i showed him from trying to warm upa bread roll in the oven (not being able to concentrate long enough to cook a meal safely is one of my problems)...his report is tosh, and he has left my name and NI number off every page...so it's appeal again for me...

good luck to everyone planning an appeal...don't let them grind you down

Jenny x

Blakespops

jennymw wrote: »

i'm in a similar boat. I originally applied January 2007. AT the time i hadn't been diagnosed but in May 2007 was diagnosed with ME/CFS. Was turned down and had to appeal at which i was awarded HRM and HRC.

Now at renewal have been refused again, mainly on basis of an EMP report that glibly rates all my limbs as not being impaired whilst stating at the same time, "lack of physical signs not uncommon [in] CFS." So basically he is saying it's common for there to be no physical signs of impaired functioning such as joint swelling as in arthritis or muscle wasting, whilst basing a recommendation that i am not functionally impaired on exactly the lack of physical signs of impairment!!!

He has said i can do everything...he hasn't recorded the scar i showed him from trying to warm upa bread roll in the oven (not being able to concentrate long enough to cook a meal safely is one of my problems)...his report is tosh, and he has left my name and NI number off every page...so it's appeal again for me...

good luck to everyone planning an appeal...don't let them grind you down

Jenny x

my wife says how can they take the word of a doctor who has never seen you before over that of your own GP or specialist? stupid system

Trasthmatic

Blakespops wrote: »

my wife says how can they take the word of a doctor who has never seen you before over that of your own GP or specialist? stupid system

It's an assessment from a doctor who is specifically trained to assess people for the purposes of DLA. The assessment given looks for specific signs that would lead to an impairment of mobility, the ability to self care or the need for supervision. Since DLA is awarded for the needs arising from disability and not the disability itself, I would hve thought that a specific assessment from a medically trained person would have been the best thing you could have.

Blakespops

Trasthmatic wrote: »

It's an assessment from a doctor who is specifically trained to assess people for the purposes of DLA. The assessment given looks for specific signs that would lead to an impairment of mobility, the ability to self care or the need for supervision. Since DLA is awarded for the needs arising from disability and not the disability itself, I would hve thought that a specific assessment from a medically trained person would have been the best thing you could have.

the medical is by people paid by DLA to report what DLA want to hear. the welfare rights worker said the system as is will never work properly and the medicals need to be totally independant of DLA.

Trasthmatic

What about when the appeal tribunal ask for an assessment, is that suspect?. Its the same pool of doctors that will do the examination. Some of them even sit on the tribunals as the medically qualified panel member.
You see the thng is, your own GP could well be an examining medical practitioner. Lots of GP's are. Do you think that your GP lies for money? Because thats pretty much what you are suggesting. People have been sued for stating a lot less than that.
Do you really believe that there is a conspiracy out there to stop disabled people getting money? Also if DLA dont pay for it who will?

jennymw

Trasthmatic wrote: »

It's an assessment from a doctor who is specifically trained to assess people for the purposes of DLA. The assessment given looks for specific signs that would lead to an impairment of mobility, the ability to self care or the need for supervision. Since DLA is awarded for the needs arising from disability and not the disability itself, I would hve thought that a specific assessment from a medically trained person would have been the best thing you could have.

sorry but i find this laughable...both EMP's who looked at me and my condition were so well trained they couldn't even put my name or NI number on any of the pages of their report...so who was the report about? Search me...they didnt know. They used medical terms without explanation...decision makers aren't medically qualified so they won't know what the terms mean.

This recent one i had admitted that with my condition there are NO PHYSICAL signs of disability...my joints don't swell, my muscles don't waste...i am still in severe muscle and joint pain to the point of tears. He has admitted that there are the condition has no signs and then proceeds to assess me as not needing help because there are no signs!!! How stupid is that!

They want you to think they are sending round a disability specialist but they are not. He concluded i could walk 150m...this is after seeing me walk 5m bent double and holding onto the wall for support...where does that come from?

He also didn't take any account of the other things that disable me other than joint and muscle pain such as having foggy brain...whenever i have tried to organise a meal i can't do it...i leave things on the ring and have almost caused fires; i burn myself because i can't concentrate properly; i have dropped boiling water on myself because my wrist gave way and that was holding a tiny pan with a bit of pasta in it for my son when my husband was out. WHat about the falls i have? Exacerbated by my medication which leaves me dizzy and drowsy etc? No account was taken of any of this.

They are not disability specialists....neither of those doctors knew anything about ME/CFS or how it disables me and stops me from living a normal life. They are just there to stop your benefit and cause you more stress by going to appeal for what you should rightfully receive. I have no faith in the system at all.

NOW they want me to reapply for my IB early because THEIR computers were down when i had my last IB assessment so they don't have a record of it! Luckily i do have a record so have sent them a copy of the report which gave me 58 points on physical disabilities and something like 19 on mental...because i was assessed at that time by someone who BELIEVED that ME/CFS exists and how restricting it is on my life.

For those of us suffering "invisible" diseases, we are soft targets for the Government in their campaign to get ill people back into work. It makes my life much more stressful and my illness worse.

jennymw

Trasthmatic wrote: »

What about when the appeal tribunal ask for an assessment, is that suspect?. Its the same pool of doctors that will do the examination. Some of them even sit on the tribunals as the medically qualified panel member.
You see the thng is, your own GP could well be an examining medical practitioner. Lots of GP's are. Do you think that your GP lies for money? Because thats pretty much what you are suggesting. People have been sued for stating a lot less than that.
Do you really believe that there is a conspiracy out there to stop disabled people getting money? Also if DLA dont pay for it who will?

You are arguing that the doctors being sent out are "disability specialists" in your other posts; in this one you state that GPs are in the same pool of doctors who do these assessments....my GP knows very little about ME/CFS...most GPs of the people i know with ME/CFS also know very little about it so how are they "disability specialists" as well as being GPs...how can people who know so little about a condition that they don't even understand how cognitive dysfunction can affect functional aspects of a person's life be at the same time "disability specialists" that can decide whether or not i should get benefits?

Part of my first appeal against denial of my DLA was supported by the DWP's own evidence itself...the DLA doctor sent to examine me was useless...however the IB doctor i saw had a lot of experience in ME/CFS and wrote a long detailed report about how i couldn't function/how i was impaired by my condition....that's two DWP doctors basically contradicting eachother!

It's less lying for money; more incompetence and lack of care about understanding complex conditions which DO require specialist knowledge. For the doctors that visit you to assess DLA there is no relationship...they don't know or care for you...you are just a number on a form (or not if they can't be bothered to fill that in) and they treat you accordingly; they dont care if your life is made worse by their decision...they don't care if their assessment is full or fair.