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DLA turned down - don't understand why?!

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Comments

  • Gwyndster
    Gwyndster Posts: 14 Forumite
    I always write a diary beforehand for a week or two as well, I tend to put down what has been my wife's worst day in the tickboxes and then explain in the additional notes section as to how may bad days she gets on average, she has more bad days than good now.

    Not that it did us any good last time, I applied, waited 8 weeks - oops we are running behind call next week, same week 9 and week 10, at 11 weeks-nothing-not even an oops sorry we haven't contacted you within deadline.
    Chased again, had a letter saying, waiting response from specialist.
    Then chased again after checking with specialist, received a letter stating that we weren't entitled, it was obvious that they had no understanding of my wife's chronic pain condition, and that the person involved hadn't read the application properly (apologies to any DWP employees here - I'm ex-NHS admin- I've been both sides of the fence) I sent back a five page response on which I pointed out every part of the application form that disagreed with their decision, and the points in their decision letter that disagreed with itself, then reminded them yet again that my wife had been in this state since the cold snap in January had sent her health downhill, it's a bit hard to write about an "average" day when for seven months every day has been a "bad" day, even the specialists attempts with guanethidrine blocks only made things worse. What gets me is that part way through this we had a visit from ATOS re: her SDA, the doc talked to her , examined her and confirmed that she was severely incapacitated, but the DLA department, don't seem to want to accept the SDA department's evidence.
    All I can suggest to the OP is appeal, if they reject the appeal within their system, appeal again and go to a tribunal.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    The practical side of filling in the DLA claim form was not a problem for me, I just used my magnifier.

    I will find the link later; but you can also fill one in on your computer and print it off, if it's any easier for you.
    Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
    50p saver #40 £20 banked
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  • BLT_2
    BLT_2 Posts: 1,307 Forumite
    Bit confused about how to reply - hope this is right.

    Yes, I submitted medical evidence - copies of letters i had from my rheumatologist and surgeon, plus my physio filled out the page where they give the chance for the person who treats you the most to say what your problems are. My GP was completely unhelpful when I asked him about supporting my application and said that whether or not I got it wasn't up to him. The only thing I can think of is that where I said I had difficulty with doing things - I actually meant I really can't do them because it hurts so much and I end up injured - but I was being rather stiff upper lip about it. maybe they have taken this to mean that it is difficult for me to cook but i can do it in the end - which is not the case. also, my physio said the following: 'Ehlers-Danlos Syndrome (hypermobility type) - musculoskeletal symptoms with fatigue. This results in limited daily activiy which does fluctuate but affects all aspect of activities of daily living and social interaction.' Maybe this was just not detailed enough?

    The only further evidence I can conceivably give them is to ask the physio to specifically confirm that I do fall, can't do the cooking task etc, and to beg my GP to also confirm this, and to write my own letter disagreeing with the bits of their judgment that contradict reality and just give more detail and make my language stronger - what do you think? My only concern is that they won't believe me because they'll just think I'm now exaggerating to try to overturn their decision - sorry - this whole think is making me really paranoid!

    thank you all for your help

    A stiff upper lip is not going to get you anywhere. Their grounds for rejection must be responded to with evidence in each case, more detail and strong language must be used, their case then fails and you get your allowance.

    Nice to see a genuine claimant on this board who is actually showing a stiff upper lip and trying to make the best of their situation. Normally the place is snowed under with people who are too depressed to get out of bed in the morning and feel that entitles them to claim at the expense of the taxpayer :D
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Another good reason why people getting help filling in forms is unfair and cheats the system!


    Its not an exam !! how on earth is getting help in this case cheating , I would imagine the forms are pretty complicated and most people would need help
    Vuja De - the feeling you'll be here later
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    pelirocco wrote: »
    Its not an exam !! how on earth is getting help in this case cheating , I would imagine the forms are pretty complicated and most people would need help

    I think we know what he meant, as in there is supposed to be certain criterea etc and different ways of wording things and there are people out their that help do this. Others just fill out there forms in their own way, and in their own manner and don't ask for help. They don't try and fit the criterea either just tell it how it is.
    millym wrote: »
    Op. don't be disheartened, as many people are refused any DLA, first time round, and at renewal. It happened to me, just months ago, and I had it reinstated at reconsideration. You must set an appeal in motion, as it seems to be policy at the moment to refuse it. Send in as much evidence as possible, along with your GL24. Good luck!

    Where have you got this from? Any proof or just unfounded. I wish people would stop scaring people on these boards with unfounded information as it is human nature for people to only tell about the bad. Just because people have been refused does not mean the DWP have a blanket policy on refusals!

    I just had my sons renewal and my middle sons 1st application go straight through, very recently, the renewal was upped. I had no help, I did the forms myself, I submitted all their medical reports and gave accurate contact information for schools/dr's and had no issues.
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
    edited 4 August 2010 at 10:49AM
    If I was turned down after that, the thought of appeals and tribunals might persuade me not to bother.
    That is why so many genuine people are initially refused.

    The DWP is not the only organisation to do this sort of thing. Financial institutions know quite well that only a small number of people are likely to notice or complain about small 'errors'.
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
    edited 4 August 2010 at 10:53AM
    Where have you got this from? Any proof or just unfounded. I wish people would stop scaring people on these boards with unfounded information as it is human nature for people to only tell about the bad. Just because people have been refused does not mean the DWP have a blanket policy on refusals!
    I have been told to my face by DWP emplyees (two, at different offices and different times), that correspondence is often binned, either out of sheer laziness, or to achieve targets.
    I had no help, I did the forms myself, I submitted all their medical reports and gave accurate contact information for schools/dr's and had no issues.
    Then you are fortunate. Perhaps you might spare a thought for those who are not in that position.
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    WhiteHorse wrote: »
    I have been told to my face by DWP emplyees (two, at different offices and different times), that correspondence is often binned, either out of sheer laziness, or to achieve targets.


    Then you are fortunate. Perhaps you might spare a thought for those who are not in that position.

    I am sure you have been told that, I have been told by someone down the pub I look like Angelina Jolie. What utter crap that it's policy to refuse claims.

    Fortunate are you taking the p1ss. I broke my heart and cried for days when I got the award for ds1 upped. That says to me he was worse than I wanted to admit that he had been entitled to HRC for all these years.

    I was gutted to get HRC award and diagnosis for my other son, sure it helps pay for some of their costs, but I'd rather have 2 well children who will lead "normal" lives than cash which I would not need if they were well as we are both highly qualified parents but I have to stay home.

    I wouldn't call myself fortunate, more unfortunate that I obviously have such clear cases that there is no way I could be taking the mick out of the system. So excuse me if I don't spare a thought for others who are using the system, not saying op is either.
  • millym wrote: »
    I can understand where this myth has come from, as I was advised by the DWP themselves, many years ago, to fill the form in based on my worst day. However, since even my best days (in retrospect) would have entitled me to DLA, I suspect that this is advice that they once gave out to people who obviously had complex needs, to make sure they received an award, and has since resulted in people less severely affected receiving DLA.

    You are correct about DWP staff would advice to talk about worst days & I think also correct in the time frame mentioned that you were told that as that back then was thought by advisors to be best bet as it was also thought that DM's would down grade what the customer said by half as for eg. parents could exagerate child's needs as they were frazzled & would be depressed about their child's disability/illness.In my experience mainly the exact opposite is the reality as parents have trouble reporting how bad their child is. As do many many disabled adults claiming for themselves (me incl & if you put my nino into DWP systems it flags up 'case sensitive' meaning customer did/does work in DWP) well you know how people say Dr's & nurses etc make bad patients ? Apparently it's the same with DWP staff claiming benefits in as much I would spend an hour convincing an elderly person to claim AA but when comes to yourself different matter :) Sorry digressed there:rotfl:Infact when I was training staff you would find that they had heard the same themselves with re to worst days scenario often from staff who no disrespect had worked there for ever & refused to adapt to new ways . If people follow the very good advice to keep a diary & please please PHOTOCOPY all your completed claim forms then I would hope not too many problems should arise , fingers crossed for all of you who are awaiting award letters in the big brown envelope marathon GOOD LUCK K:)
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
    I am sure you have been told that, I have been told by someone down the pub I look like Angelina Jolie.
    Better to say "I find that difficult to believe".
    What utter crap that it's policy to refuse claims.
    There is Policy and policy.

    'Policy' appears in official documents, whereas 'policy' is an understanding. Little if anything is ever written down. You will do x if you wish y to happen. Thus, if you wish to be promoted to the next grade, your targets will be so-and-so. How you achieve them is your concern.

    That's how that sort of thing is done in politics, government and commerce. It has been so since time immemorial and will continue to be so.
    Fortunate are you taking the p1ss.
    You cast aspersions upon those in need of assistance in navigating the system. If you don't need that sort of help, then you are indeed fortunate.
    I wouldn't call myself fortunate, more unfortunate that I obviously have such clear cases that there is no way I could be taking the mick out of the system.
    Who said that you were?
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
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