Please help DLA renewal turned down

Markoo_2

I also didnt think they would ever use the 15 month old esa exam as evidence.

I now know how vital your getting your own reports is! i assumed they contacted the people you listed on the forms, which i now know they dont always do

I really do hope i can sort this out quick as in 8 weeks i will loose my motobility car and wont have enough money to cover my bills, dla has truley been a god send to me and i hope hes on my side as i fight this.

tomitma

You will be allowed to keep your mobility car for as long as it takes to get the decision, it took 6 months for a neighbour to have her DLA and mobility reinstated, and she kept the car even though they had stopped paying the benefit.

Markoo_2

6 months! omg i would end up getting evicted oh man this is very worrying

tomitma

This is why it is important to get the reconsideration appeal in quickly, and get the letter from your consultant. Appeals are now goint to take anything from 6 months up to 2 years the tribunals are being flooded with extra work.

Markoo_2

OMG!

over the phone she told me i have untill the 19th of september what exatcly do i need to to to extend this!

I just hope i can get a letter from my consultant in time this is all making me feel ill now

tomitma

You have more than enough time to get the reconsideration letter in, explain to them in the letter that you have asked your consultant for a report on your condition, and as soon as you recieve it you will forward it to them.

Markoo_2

is there a time limit i need to get the report to them though?i want to avoid it going to a tribunal and taking 6 months to 2 years i dont know how i would cope if it came to that!

dmg24

tomitma wrote: »

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

These rules are enshrined in law, usually in Regulations. Please provide evidence of what you have stated.

magicstrawberry

Well all the advice has been said really i might of missed it but you can ask for a copy of your form you sent in to help you and the esa medical if you don't have it.

At the moment im in the exact same position, completed my form extensively i was on HRM and LRC and since my last form things have got a million times worse. Got a reply back saying that they are refusing it on both accounts and have done exactly what they did last time which was to use an income support medical from 2 YEARS AGO!!!!!!! :mad:

which i madness as my health has gone down hill a hell of alot since then.

Also if that wasn't the icing on the cake i rung them up two days before the decision they said it had gone up to the decision makers but they had 'misplaced' part of my file but not to worry they would try and make a decision anyway!!!!:mad:

MADNESS

I didn't say anything i knew i should of but i wasn't well in alot of pain and well shocked

but just to say your not on your own and hope you get it reinstated

TOBRUK

Markoo, calm down, please don't panic!! First you need to speak to the consultant's secretary tomorrow. Just clearly explain to her that you urgently need a letter to send a copy to the DLA. I'm sure she/he will be very helpful. Tell the secretary that your DLA has been taken away from you and you need the consultant to explain to them your condition and how it affects you.

Markoo;35980421]OMG!

over the phone she told me i have untill the 19th of september what exatcly do i need to to to extend this!

I just hope i can get a letter from my consultant in time this is all making me feel ill now

Don't think like that Markoo. Tell the secretary that you have a deadline and ask whether she/he thinks the consultant could find the time to do this report urgently. You have got almost 4 weeks - you probably won't need to extend the deadline.

Once you have contacted the consultant/secretary, try and get an appointment with your GP so that you can put him in the picture and perhaps ask him if he would give you a report - they may contact him. All you need to do then is compose a letter asking for a reconsideration, disagreeing with the points they have given one by one in point form. After that give a full account of what you difficulties are, how your condition affects you giving examples etc. Whatever you do don't be aggresive, put your disagreements over in a polite manner.

sh1305 wrote: »

Personally, I would also explain why I'm in pain.

That's why I put the ... in so that he can add that he is in pain and how it affects him - perhaps I should have put more space before My orthopaedic ...

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:

sh1305 wrote: »

Have you spoke to welfare rights? They can represent you at your tribunal. I think I also had someone talk to the DWP on my behalf too.

Hold on ... what tribunal??! Please don't make Markoo panic, he will not have to go to appeal unless they do not reconsider and award him with DLA.

The first step is to write a letter asking for a reconsideration! There may be no need to go to appeal or any tribunal! All I did was write a very long letter asking if they would reconsider my claim - I received a letter within 2 weeks in my favour.