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Please help DLA renewal turned down

1567810

Comments

  • Markoo wrote: »
    Thanks for the reply

    It says on the letter

    :how i made my dession

    : Your claim form

    : extra information you submited ( which was a report from my consultant at the ortheopedic hospital)

    I dont know how they make their dessions but simply based on commen sense, there is no way they could come to the dession i can walk over 50 meters, when i state i cant take a single step without experianceing sever pain and discomfat and also having a report from an ortheopedic sugern that states i have pain when walking. To come to the conclusion i can walk over 50 meters based on this is absolulty ridiculous imo,


    How exactly would i go about getting my mp involved?



    I didnt know i could start a fresh claim aswell?

    Ring up DLA and ask to speak to the decision makers to find out exactly how they made their decision. You are entitled to do that.

    With regard to your MP, ring the MPs office and ask for an appointment, show them all the details (your decision letter etc) and advise them of the information you put on your claim form and ask if they can contact DLA for you to find out what happened and if anything can be done.
  • Markoo_2
    Markoo_2 Posts: 88 Forumite
    edited 17 September 2010 at 2:14PM
    Just gave them a ring, and was told it was based on my claim form and the further evidence i submited which was a report from my consultant,

    Hes said i could have it looked at again tho! thats 2 reconsiderations is that normal? he did mentioned the 1st reconsideration so not that he didnt realise i already had one, he said i have 28 days to submit any more evidece again
  • Markoo wrote: »
    Just gave them a ring, and was told it was based on my claim form and the further evidence i submited which was a report from my consultant,

    Hes said i could have it looked at again tho! thats 2 reconsiderations is that normal? he did mentioned the 1st reconsideration so not that he didnt realise i already had one, he said i have 28 days to submit any more evidece again


    I'd double check that one - it doesn't sound right. After reconsideration usually your next step is Appeal which you have to do with 28days. Ring again and see if you get someone else to double check it with and keep a note of all the names of people you speak to. Go for another Fresh Claim at the same time.
  • L6MCT
    L6MCT Posts: 71 Forumite
    edited 17 September 2010 at 4:55PM
    Markoo wrote: »
    Recived my reconsideration dession today which has been turned down again apparently i can walk over 50 meters, despite telling them im unable to take a single step without sever discomfat and pain and also my consultants report stating i have pain when walking :mad: can anybody how they could come to the dession i can walk over 50 meters based on that? i just dont get it at all? my consultants report states i have pain when walking and i tell them i cant take a single step without pain so how did they come to the dession i can walk over 50 meters? it makes no sense

    I currently am waiting to hear back from DLA for a reconsideration. My problem is the same as yours, I'm in constant pain so even before I take a single step the awful discomfort is already there (in the boxes for "How far" it takes to feel discomfort I had put 0 metres and for "How many minutes" I gave the time as 0 min. The problem seems to be the act of walking in itself needs to cause severe discomfort and the fact that you are already in severe discomfort before you start appears to be irrelevant! My impression is that you need to emphasise that although you are already in severe pain & discomfort it is further aggravated by the act of walking.
  • Why not have the hip replacements ? I really don't understand your decision not too, this is an effective operation even if as I suspect you had osteotomy's as a child ? there is no need for you to continue in the pain you say you have.
  • L6MCT wrote: »
    I currently am waiting to hear back from DLA for a reconsideration. My problem is the same as yours, I'm in constant pain so even before I take a single step the awful discomfort is already there (in the boxes for "How far" it takes to feel discomfort I had put 0 metres and for "How many minutes" I gave the time as 0 min. The problem seems to be the act of walking in itself needs to cause severe discomfort and the fact that you are already in severe discomfort before you start appears to be irrelevant! My impression is that you need to emphasise that although you are already in severe pain & discomfort it is further aggravated by the act of walking.


    Its all very frustating im not sure what they want to hear all i know this time is im going to go into extreme detail regarding every part i disagree with, no matter how manny pages it takes up i want to make it very clear, im also going back to my gp to show him they have put i can walk 50 meters and ask him what on earth i need to do to show theese poeople that any form of walking cauuses me sever discomfat and pain.

    Im just angry now and going to fight out of the sheer principle and the thought that this stress this must be causeing other people going thougth the same thing. I will NOT let them fob me off no way saying i can walk over 50 meters after telling them i cant take a single step without pain and also my report stating i have pain when walking is a utter joke how anybody can come to that conclusion is riddiculous, i will do what ever it takes now there was a time where i belived they did things fairly but after my experiance with my ESA medicle and now this i dont belive that for one second, i truley belive they are trying to weed out the fraudsteers with no regard to how it effects the genuie claiments, its been a utter knightmare for me theese last couple of months and to think theres manny other people uneedingly going thought it too discusts me.

    sorry if i offended anybody but this is how i feel now.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Genuine question - is it worth going to tribunal to prove that you can't walk 50 meters?
    Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
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  • sunnyone
    sunnyone Posts: 4,716 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    As I have said all through this thread, from your posts and your consultants report you dont fit the criteria for HRMC.
  • Today as a CAB advisor I helped someone to appeal. The Disability Rights Handbook is very useful in providing the right sort of pointers as to how to put across your needs in such a way as to meet the criteria. I suggest you get your local CAB or welfare rights people to help you with your appeal. It looks as though your case is now going forward to an appeal and could take a while.

    I am very sorry for you and for everyone else who is being turned down for no good reason other than the government insisting on a crackdown. I see decision letters which make out the claimant to be a total liar and the reasons given for the decision are totally contradictory to what was written in the claim form. Whilst I agree that fraudsters should be rooted out, there are many people who should be entitled to DLA who are being refused and this is not right. Just because the decision makers have targets to reach!

    I hope you are successful in your appeal but DO get some help with it.
    The ESA medical should not have been used. That is for a different purpose and uses different criteria.
  • I'm sorry your going through this as I went through it some yrs ago and found the whole experience very difficult to cope with mentally/emotionally.

    I think you need to focus on what you CANNOT DO rather than the pain. They already know your in pain (relieved by painkillers) and have difficulty but you need to explain very clearly what the difficulties are and how you cope day to day.

    I wouldn't rely to much on consultants letter as he states; IT DOES NOT AFFECT MOBILITY, however you do have pain. I think this statement speaks volumes and DM have probably interpretated it the same way I have.

    Many ppl are in pain on a daily basis and not entitled to benefits. I applied in Jan for my DLA to be reviewed (knowing the risk of it being reduced or withdrawn). No supporting evidence other than my repeat prescription.
    I'm please to say my HRM was left as it is and awarded MRC indefinately (maybe I was just lucky). However, I went into great detail as to how my life is on a daily basis and what I struggle with giving examples where I could.

    Giving examples is so important for all claims to benefits which is why keeping a diary is often helpful.

    Good luck with your appeal.
    Beth :)
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