DLA Appeal letter.

blue_haddock

Hi folks,

I have recently appealed my DLA decision as i was turned down for everything. The decision letter pretty much said i was capable of doing everything when in reality i struggle almost constantly. It was if they decision maker didn't read either my application or the report from my rheumatologist.

I have already asked them to look at my case again before appealing and need to send in a letter stating as to why i think the decision is incorrect. The following is a copy of my leeter to them


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To whom it may Concern,
I am writing to you regarding my recent application for Disability living allowance which you have decided I am not entitled to. You state that you have decided this after looking at the infomation supplied by myself on the claim form and in the report from my hospital consultant. I really do not see how you can turn me down based on this infomation as I feel the infomation given by the consultant verifies the details given in my claim form.
You state that I can walk over fifty metres slowly in an adequate manner however I actually walk very slowly with stiff straight legs due to the pain I feel when bending my knees and ankles. I also frequently stumble whilst walking due to my stiff legs. The rheumatology report confirms that I have pain in the knees and ankles along with soft tissue swelling.
You state that I do not need help to use kitchen tools or to safely lift and carry however I do have difficulty in using things like knives and carrying pots as due to pain in my hands I find it difficult to get a good grip on things. I have difficulty in using cutlery and opening packaging due to the pain in my hands. The rheumatology report confirms that I have pain and swelling in the joints of my fingers and also a limited range of movement in my shoulder wrist and elbow.
You state that I need some help to get dressed and undressed however I can get in and out of bed, go to the toilet and wash and dry myself without any help. In the morning when I have been in bed overnight I have great difficulty in getting myself out of bed due to the stiffness and have to get out in stages and support myself on the wall. I have trouble getting on and off the toilet due to the stiffness and as I have limited movement in the arms and shoulders wiping myself is both painful and difficult. My house only has a bath and I have great trouble getting into and out of the bath. I have fallen several times getting out of the bath as my arm gives way when pushing myself up out of the bath.
Again the rheumatologists report confirms both the limited range of movement I have in my arms and hands and also the stiffness that I suffer.
　
　
You state that I can get up and down the stairs and move about indoors without problem. In my claim form I stated that I do have difficulty in getting around inside and have fallen on steps inside my house on several occasions, when this happens I struggle to get up. I have no trouble remembering to take my many medications however due to the pain in my hands I often struggle to either pop the pills out of the blister packet or open the child safety lids, as I live on my own I have to do this despite the discomfort I suffer.
As I have already stated further up this letter and in my claim form I have fallen several times in the home and also when outside the house, this is because my knee gives way without any forewarning. I have also slipped when trying to get out of the bath as my arms give way.
You state that I can sleep comfortably and need no assistance with either changing position or with taking medication. I do in fact have difficulty in both getting to sleep and also staying asleep due to the pain and tenderness in my joints. I often need to get up and take pain killers which are kept downstairs in a cupboard; this is problematical as I struggle with the stairs and also with getting the pills from their packet. When in bed I struggle to get comfortable as most positions place pressure on my tender joints and I also I find it hard to change position without causing more pain in my joints.
At present I am on Hydroxychloroquine which is the mildest tablets they can give for my arthritis as I have issues with my liver function, the rheumatologists would like to move me onto a stronger drug but cannot due to possibly causing further liver problems (now diagnosed as Hepatitis . I feel that my arthritis is getting worse rather than better and over the past few months my joints have become even more tender and painful than they were previously, also my hands and wrists have become a lot stiffer and so I have even less range of movement in them than before.
I have seen my GP on many occasions regarding my illnesses and he recently signed me off for a period of one week due to the pain and tiredness I was suffering as a result of my illness. My illnesses have also been a major factor in me being diagnosed by my GP as suffering from anxiety and depression. If you need further evidence or infomation please contact my GP who I regularly discuss my conditions with.
After reading this I hope that you can take a further look at both my claim form and also the reports from my rheumatology consultant and come to a suitable decision. I feel that the original decision maker did not give my claim sufficient attention due to the discrepancies between his decision and the infomation he was given.

Yours Sincerely

blue haddock

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what do you think? anything need rephrasing or elaborating on to increase my chances?

Kev

concerned43

don't understand why you were turned down, did you get help to fill out the form? I do alot of these and find it helpful to use the words the disabilty team are used to. too late at night to go into them but will post something tomorrow.

blue_haddock

yes i did get help from my local DIAL branch.

When they turned me down the stated it was on the basis of my application form and the report from the doctor so i presumed the doc pretty much said i had no problems so i asked for a copy of the report.

When i got it it said he had not assesed me in the way they require but gave them a copy of my case notes from when i first saw them. Each update stated i had pain and inflamation in my joints along with restricted movement in fingers, wrist, elbow and shoulder.

Now surely even if his report doesnt state whether or not i can do certain things surely by me stating i have these problems and the report stating i have problems with the joints that should be sufficient evidence to accept my claim?

or am i being too logical?

concerned43

whatever is said about the medical condition needs to be backed up by your doctor, however the day to day practicalities of living with your condition comes from you - as you are the one living with it. I have a whole lot of training notes about DLA and I will look them out and post some stuff to you tomorrow - plus I am at the CAB tomorrow and will ask some of the more senior staff about your appeal letter.

blue_haddock

well i feel what i have written IS supported by what the doctor has written.

If you could get me some info and advice that would be fab!

Indie_Kid

blue_haddock wrote: »

I often need to get up and take pain killers which are kept downstairs in a cupboard; this is problematical as I struggle with the stairs and also with getting the pills from their packet.

You'll just get told to keep a stash in your room.

Indie_Kid

ramsas wrote: »

keep em at side of bed...makes sense to me.Don,t want sound dismissive but that just what they going to think anyway..think you need stronger reasons than that.

Yeah, if you have problems getting the pills out (like you say) then this would be acceptable.

Also:
Is there any way you can get someone to put the pills in a tub without the child safety lids? Making snips in parts of the lid is meant to help.

mommame

You can ask in the pharmacy to have special lids if you have problems with your hands,also I get my husband to open all mine at once and fill up one of those clear craft boxes with the movable slots as I take too many tablets per day to use the normal pill boxes.
I have put little stickers on with the days of the week and have enough spaces for 2 weeks.
I also keep my anti inflams and pain killers in my bedside cabinet and fill a sipper bottle with fresh water every night before going to bed.

The sipper bottle is an ordinary water bottle that you get in any supermarket but has the sipper top on it,I used to always spill my water trying to take meds when only able to half sit up now I don't have to worry.
Hope you get what you are entitled to.

blue_haddock

daft as it may seem i haven't got a bedside table so nowhere apart from the floor to put things.

But cheers for the advice

Jojo_the_Tightfisted

Sounds a reasonable enough letter to start the appeal process, however.

Just try and get documents to prove what you can - a printout from your GP confirming any record of hospital admissions/bruises, snapshots of bruises from falls, anything from occupational therapy regarding adaptive equipment, the repeat prescription printouts, copy of freedom pass/blue badge etc, etc.

They may reconsider without appeal, you may need to go to tribunal - it's just one of those things.

Good luck. RA sucks.

WhiteHorse

DLA staff have targets ... or rather, minus targets. A certain percentage of claims are rejected automatically, wether valid or not. They know perfectly well that a lot of people will not pursue it.