Please help DLA renewal turned down

Markoo_2

I recived my dession for my renewal today, and i have been reduced from high rate mobility and high rate care to nothing at all

It says the dession has been made based on your health care proffessional who examined your for your ESA on 15/03/2009!

I rember when i got the report back for my esa, i was shocked how she has twiested and put words into my mouth at the time ,however i still has enough points to quialify so there was no reason for me to appeal againt it!.

I feel physicaly sick now i dont know what to do, i have ran dwp who have told me to write a letter explaining why i disagree with the dession.

Heres a quick run down of me

i was diagnosed with perthes disease as a child, had 2 operations on my hip and was left with a deformed hip and have sufferd sever pain ever since, which has got worse and worse over the years, i have check ups with the royal orthepedic hospital every 12 months. my doctor at the ortheopedic knows im in constant pain and has told me whenever your ready we will do a hip replacement but as im still young he sugested i hang on as long as possible.

im crying my eyes out rite now. i cant take a single step with out experiencing sever pain yet it says i can walk over 50 meters! omg!. i cant belive he has based the dession on that esa essement which was a total sham! and over 12months ago! im unable to find a copy of the report too:o, i put so much information on the forms.

please help me i dont know what to do im 100% a genuine case omg i cant take this i feel suidcidle

ash4becks

Markoo wrote: »

I recived my dession for my renewal today, and i have been reduced from high rate mobility and high rate care to nothing at all

It says the dession has been made based on your health care proffessional who examined your for your ESA on 15/03/2009!

I rember when i got the report back for my esa, i was shocked how she has twiested and put words into my mouth at the time ,however i still has enough points to quialify so there was no reason for me to appeal againt it!.

I feel physicaly sick now i dont know what to do, i have ran dwp who have told me to write a letter explaining why i disagree with the dession.

Heres a quick run down of me

i was diagnosed with perthes disease as a child, had 2 operations on my hip and was left with a deformed hip and have sufferd sever pain ever since, which has got worse and worse over the years, i have check ups with the royal orthepedic hospital every 12 months. my doctor at the ortheopedic knows im in constant pain and has told me whenever your ready we will do a hip replacement but as im still young he sugested i hang on as long as possible.

im crying my eyes out rite now. i cant take a single step with out experiencing sever pain. i cant belive he has based the dession on that esa essement which was a total sham! im unable to find a copy of the report too:o, i put so much information on the forms.

please help me i dont know what to do im 100% a genuine case omg i cant take this i feel suidcidle

i just wanted to say chin up dont let them grind you down , ask them for all paperwork that has been used in claim gp report etc known dla they might not have bothered to ask anyone for extra info, did the CAB fill your forms in if so inform them whats happened

dmg24

Did you submit your own medical evidence? They really should not be using such an old report. Are you in receipt of ESA, and did you have to appeal your ESA decision?

Markoo_2

Part of me feels physicaly sick and worried but the other part of me is very very angry and i intend to fight this all the way as i 100% truley belive im entilted to the full rate both mobility and care.

Seriously im in constant pain i cant put any pressure on my hip without sever discomfat let alone walk 50 meters :mad:

I cant belive this is all based on that esa medicle, i rember thinking how much of a sham i thought it was at the time.

i dont think they have wrote to my doctor at the royal orthepedia who i seen in april this year.

The wrote to me to say they got my renewel forms on the 5th augst and i got the dession today the 23rd

reading the you can walk 50 meters and taking you time you can get in and out of bed/bath etc safely makes me feel sick. i cant belive how easy it is for them to write off a genuine suffering person, i wouldnt wish the feeling on anybody!

Markoo_2

dmg24 wrote: »

Did you submit your own medical evidence? They really should not be using such an old report. Are you in receipt of ESA, and did you have to appeal your ESA decision?

yeah i recive esa, and i didnt have to appeal i got enough points they put me in the work related activity group

I gave the names of my GP and also the doctor who i see every 12months at the royal orthopedic hostipal in birmingham who infact i saw in aprill this year and i told them this. who himself prescribed me tramadol hydrochloride which he told me was the strongest he could give me.

I have recently moved house so i dont know my new gp well, i only ever go for prescriptions as, i know the score with my health already so no real reason to keep incontact with my gp i havent dont this for years i have always just had check ups at the orheopedic hosputal and my doctor at the orthopedic has told me i just have to say when i want a hip replacement and he will arrange it.

I expected high rate mobility without a shadow of a doubt, i just cant belive it i really cant.

dmg24

I agree with ash4becks to get some help with your appeal, and you can approach CAB, DIAL, or Welfare Rights for this. You may have to wait a while for an appt, so in the meantime I would approach your consultant and your GP for medical reports. Whilst it is good practice for the Decision Maker to seek these, the onus is on the claimant to ensure that they have sufficient evidence to make the correct award. Although your GP does not see you often, they can confirm your meds, your condition etc and the fact that you are under the care of a consultant. The consultant can then give a fuller picture.

Markoo_2

dmg24 wrote: »

I agree with ash4becks to get some help with your appeal, and you can approach CAB, DIAL, or Welfare Rights for this. You may have to wait a while for an appt, so in the meantime I would approach your consultant and your GP for medical reports. Whilst it is good practice for the Decision Maker to seek these, the onus is on the claimant to ensure that they have sufficient evidence to make the correct award. Although your GP does not see you often, they can confirm your meds, your condition etc and the fact that you are under the care of a consultant. The consultant can then give a fuller picture.

Thanks for your replys

My gp will have all my records on file to confirm my condition and medication,iv never talked to me gp in detail on how my condition effects my daily life, im a quite person and would never bring it up unless he asked but as its come to this i feel like going in and seeing both my gp and doctor at the orhopedic and explaning them i have been turned down for dla based on what was in my humble opinon a very poor examination done by esa.

My biggest worry now is time,, i have 8 weeks untill my dla runs out, and if its not renewed i will be in big trouble paying my rent and bills etc.

how long do theese appeals take. what happends once i have sent in a letter. i hear people going to tribunals, at what stage does this happen?

dmg24

A reconsideration (where you claim goes to another DM to look at the evidence again) can take up to a few months, but is usually done more quickly. If it goes to Tribunal the hearing may not be this year.

What other benefits do you receive?

Markoo_2

Yeah thats what the lady on the phone told me it would be a reconsideration, i wasnt sure what she was talking about as i was still in a state of shock and just wanted to get on the phone asap.

I recive esa and dla only, she told me i have 14 days to send the i think it was to send the letter back.

i dont know weather this is enough time to get a report from my gp and consultalt at the ortheopedic, my ortheopedic doctor is the most important person, i would like to go and see him and ask if he could write a report for me that i could send in with my appeal letter but i dont think there will be enough time, i dont think they would write a a short report while i was there would they?

iv never been to citizens advice before from what i hear you have to go very early and wait outside for along time? is this true or can you go in at anytime?

ash4becks

Markoo wrote: »

Yeah thats what the lady on the phone told me it would be a reconsideration, i wasnt sure what she was talking about as i was still in a state of shock and just wanted to get on the phone asap.

I recive esa and dla only, she told me i have 14 days to send the i think it was to send the letter back.

i dont know weather this is enough time to get a report from my gp and consultalt at the ortheopedic, my ortheopedic doctor is the most important person, i would like to go and see him and ask if he could write a report for me that i could send in with my appeal letter but i dont think there will be enough time, i dont think they would write a a short report while i was there would they?

iv never been to citizens advice before from what i hear you have to go very early and wait outside for along time? is this true or can you go in at anytime?

you might be able to get a appiontment where they come to your home, try and keep a diary for as long as you can and submit it with your appeal , theres nothing that can stop you ringing consultants and trying to get them to write a letter confiming condtion , meds etc short term but iam sure reconcidaration longer than that time wise

dmg24

CAB varies between areas, some will offer appts, some you will have to go and queue. A few will offer home visits, but these are few and far between now. I would try to ring before going to the office.

You normally have one month to appeal. More information is available here.