Please help DLA renewal turned down

Markoo_2

ok i guess the 1st thing i need to do is write a letter and explain how i disagree it inclusing the fact the esa assement is over 12months old and i also think the esa report was very poor and ask for a reconsideration,

in the mean time i will contact my gp and doctor at the royal orthopedic. regarging both my gp and ortopedic doctor will i be able to ask them to write a report and send it to me? so i can then use it at the tribunal or send it in as further evidence? or would they have to send it to DWP themselves?

Indie_Kid

If you ask for statement of reason (SoR) you have an extra 14 days to appeal.

The letter that you need to back up your claim doesn't need to be very long.

Have you sent off the counterfoil of your repeat presciptions? (this is the white piece which you use to order medication)

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

They don't have to do that, if they have enough information.

dmg24

Markoo wrote: »

ok i guess the 1st thing i need to do is write a letter and explain how i disagree it inclusing the fact the esa assement is over 12months old and i also think the esa report was very poor and ask for a reconsideration,

in the mean time i will contact my gp and doctor at the royal orthopedic. regarging both my gp and ortopedic doctor will i be able to ask them to write a report and send it to me? so i can then use it at the tribunal or send it in as further evidence? or would they have to send it to DWP themselves?

I would get help before appealing. Your letter needs to address the specific reasons why you were declined, and whilst the fact that the report is relevant to some extent, you need to focus more on why you should qualify.

Yes, your medics can send the report to you, and you can submit it to the DWP as evidence. You should be aware that some medics will charge for the reports - mine never have, but they are entitled to do so as it is a private service.

Markoo_2

dmg24 wrote: »

and whilst the fact that the report is relevant to some extent, you need to focus more on why you should qualify.

This is what im struggling to get my head around... I gave so much information in my forms it gave a very very clear picture of my needs i went into great detail on how, i cant take a single step without experiensing sever discomfat and pain, due to me not being able to put any weight on my leg etc same with care needs getting in and out of the bath getting dressed etc, i physicalt cant bend my leg over the bath, or to remove socks shoes etc because my hip is so painfull etc there really wasnt anything more i could have put. They are basicaly saying they dont agree with what i myself wrote on the forms based on this esa exam. which gave a very poor account of my needs plus its over 12months old.

for example it says

you can walk over 50 meters

slowly

in a resonable mannor.

although your walking is limited you are not unable or virtualy unable to walk.

how do i adresse this as i already went into detail on my claim infact ill copy n paste what i wrote in the walking section

i ticked 0 yards for how far i could walk.

I suffer sever pain in my left hip from the very first step and with every step i take.Due to my perthes dissease my hip is extremely stiff and constantly painfull I'm unable to put any weight at all onto my left hip without experiancing sever pain and discomfut.

im not sure what im doing... im still very much happy with what i wrote of the forms its just like they are disregarding that or disbeliving it because of the esa exam.

dmg24

Whilst they do take into account what you have written, medical evidence to the contrary will usually override this. This is why evidence from your own medics is vital.

If you do want to submit the appeal yourself, you could phrase it in the following way (addressing each point in turn):

You state that I am able to walk 50 metres. I suffer sever pain in my left hip from the very first step and with every step i take.Due to my perthes dissease my hip is extremely stiff and constantly painfull I'm unable to put any weight at all onto my left hip without experiancing sever pain and discomfut. My Consultant supports this information, and in his report states (copy what Consultant has written).

It may seem like overkill to keep repeating things, but it makes your case very clear, rather than the DM/ Tribunal having to refer to different documents.

You appear to have some problems with spelling? Whilst this should not prejudice your claim, a well presented statement will be easier for the DM to follow, and so inevitably put them in a more favourable mood. If you type your text in Word first, and use the spellcheck facility this will correct most mistakes. If not, could you ask someone to check it through for you?

TOBRUK

Markoo, I'm so sorry that you have been turned down when you clearly are eligible for some DLA, and to be taken from HRC and HRM to nothing is extremely harsh when nothing has changed. They are very naughty to take a medical over a year old into account whether it had been correct or not!

dmg24 is totally correct and has given you the best advice possible. I obviously don't know all the points they have stated on the letter you have received from them. I received a decision letter from them earlier this year, after re-application, where they had lowered my care component from mid rate to low rate to which I disagreed.

I actually wrote them a letter (a 2 and a half A4 typed paged letter) asking if they would reconsider their decision, explaining the reasons I disagreed with. As dmg24 has advised and demonstrated go through every point in turn and do not worry about repeating yourself. The letter could go something like this:

Re: Disability Living Allowance

I received your letter dated 0/00/2010 with your decision about my claim for Disability Living Allowance and I also understand that if I disagreed with any part of the decision I had one month from the date on the letter to respond.

I would be grateful if you would consider looking at my claim for DLA again as I disagree with the decision.

My previous award I was receiving HRC and HRM and since my previous claim nothing has changed in both my mobility or care needs, and therefore I do not understand how my award has been taken away completely.

Your reasons for decision:

1. Firstly you state in your letter that your decision is based on an ESA medical I received over a year ago which I disagreed with and was incorrect because ...

2. You also state that I am able to walk 50 metres however this is incorrect as I am unable to walk any distance without being in pain ... My orthopaedic consultant can verify this – contact:

3. With regard my care needs, ....and so on

I don't know if this helps, but I sent them a letter and within 2 weeks I received another decision letter from them and I was successful.

Do you have your consultant's telephone number and speak to his secretary explaining your situation? He may be willing to write up a letter/report of support, explaining your condition, your difficulties etc. if you explain the urgency you could send a copy of it with your letter - keep the original.

Also you could phone the surgery and make an appointment with your new GP and explain things to him/her - your new GP will have your medical notes to refer to.

So sorry for the long post ... hope it helps!!;)

tomitma

You have got to ask them to reconsider, this is happening all over the country at the moment, because they have been told to get people off these benefits, you obviously havent given them enough information to start off. They can not use a medical report from that long ago, ask if you can have an ATOS doctor to see you. You will have to supply a letter from your consultant, because although they tell you that they are writing to your consultant, THEY DO NOT the DLA have to pay the consultants for the information, which they can not afford to do. So rightly or wrongly they only rely on the evidence that you and your GP supply. Even though they tell you otherwise.

My sister actually works for the tribunal department, they have that much work on, that her office is now working on a Saturday and Sunday to clear the back log, she told me that 1 out of every 5 claims and renewals are being thrown out by the decision makers, in the Cardiff area, the chances of getting to a tribunal is now 18 months to 2 years. This is because no extra staff are being brought in to cover for the extra work, and they can still only get through 10 appeals per day. In the meantime the benefits are stopped, if you do get to the tribunal and the decision is reversed you will only get the benefit back dated for 3 months, even if you have been waiting for up to 2 years, this is a new ruling.

dmg24

tomitma wrote: »

if you do get to the tribunal and the decision is reversed you will only get the benefit back dated for 3 months, even if you have been waiting for up to 2 years, this is a new ruling.

Can you provide links to this 'ruling' please? I was not aware of it.

tomitma

dmg24 wrote: »

Can you provide links to this 'ruling' please? I was not aware of it.

I do not have links to this this has only been issued to the tribunal offices in the past week.

TOBRUK

Wow!! I'm glad I wrote and asked for a reconsideration by writing them a letter which was successful.