Refused DLA 2nd Time

ESAHeadache

I Have Recently Applied For DLA and have been refused.
I made an Application back in March 2010 but were refused as they used the medical report for my ESA medical with ATOS.
I didnt appeal at the time as if the ESA Appeal were not enough to drive me up the wall. Anyway I won my ESA Appeal in September 2010 And were put in the support Group.

I made a new application for DLA in October stating how my mental health problem cause me problems on a daily basis and that I need supervision day and night and highlighting all the disabilites I have but still been refused. Yet I submitted a supporting statement from my friend who cares for me, send gp reports on my health condiition,sent them copies of discharge forms from hospital follwing a discharge after an overdose which occured twice in a month also details of 5 previous incidences.

Also sent A specialist report which was produced for the ESA appeal and also the tribunal decision letter to show that the ATOS report in the past were incorrect.

Im so stressed what shall happen now. will this mean I have to go through an appeal process again like the ESA one don't think I would be able to tolerate the fact.

I suffer from, anxiety, agoraphobia, insomnia, panic attacks, severe depression.

Sorry for the long message please help guys

Thanks In advance

Nym_Mcfroglet

What did they say they'd used to make the decision for the October refusal? And how quickly was it refused? You don't have to go to Appeal unless the reconsideration is refused - you would need to ask them to look at the decision again within a month of the date of the letter though.

ESAHeadache

The claim has been refused within 2 weeks of the application being received I were informed on wednesday this week that a DM has recalled a old claim file for details so that would have been the one from march and today were told it been refused. They haven't gave me much info onto why so waiting for the post to see what the letter says dread reading it though cause it just going to say silly things like you don't need help with this and you can manage that. 7 suicidal attempts within less than a year and they have the nerve to say I can manage without being supervised please could they explain that to my friends who have to constantly watch over me

Indie_Kid

Do you have any evidence to back up your care and /or mobility needs? To get DLA, you need to require help (whether this be supervision or someone doing something for you) on average of 5 days a week.

ESAHeadache

Yes the evidence firstly would be the written statement by my friend who cares for me everyday, also the verdict from ym esa appeal cannot intiate or sustain personal action without requiring daily prompting from a person inthe claimants presence.

Nym_Mcfroglet

I would say request a reconsideration, get someone who does representation to look through the case, unfortunately DLA can consider all evidence they have at their disposal, although I really don't see why they feel corresponding medical evidence that has been successfully appealed is fair or reasonable. It helps to get someone objective to look through everything and they can often help you with putting extra information in to support your case. As sh1305 said you've got to prove you need substantial and sustained care for more than an hour throughout the day for at least 5 days a week - when it comes to mental health that can be more difficult to illustrate.

ESAHeadache

Hmm Thanks Nym
It just so annoying yet I had my Rep who dealt with my ESA appeal to complete the dla form as he has full knowledge of my condition as I have been liasing with him for the past 9 months. All the evidence submitted were what was obtained from the GP and a Private Specialist doctor who made a report for the ESA Hearing surely this should be enough to satisy them. My friend wrote out a very detailed statment stating my needs and what would happen if i wern't supervised or didnt have that care or attention.
Im just shocked Yesterday when I were told they have recalled my old claim file i thought the would only be bad news as then they refused due to ATOS REPORT FOR ESA.
Im just looking forwards to see what it exactly says on the decision letter on the way to me if it states atos report i will be fuming.

I don't like going through appeals or tribunal their long winded and very distraughting and really get me so down in mood and does'nt help me one bit.

ESAHeadache

What should I do should i just drop the claim don't think I can bare going through an appeal proccess again

Martin89_2

Bumping up hope you get someone who can advise sorry to hear your going through a hard time
thanks to osbourne i guess or is it duncan smith

kaya

make an appointment with your local MP, i know , i hate politicians as well, but the office of my mp telephoning the dwp to ask for background info on my case miraculously spurned the dwp into action, after 6 months of battling the system i made an mp appointment, within 3 days of making the appointment the dwp telephoned me, two days later they decided in my favour, i didnt even get to my mp's office!, but i dont think a letter from your friend is worth anything towards your case, we all have friends who can write letters, we also all know dishonest people :-)
also if you are unhappy with atos (as are many many people) phone the dwp and begin the official complaints procedure against them, make sure you tell the mp's office this when you phone to make the appointment, and good luck

Indie_Kid

Have you made sure that a) you meet the criteria & b) filled the form in on an average day and given as much information as you can?