dla renewal refused

tasha3333
tasha3333 Posts: 9 Forumite
edited 2 April 2011 at 3:41PM in Disability money matters
Hello, can anybody advise me please

I have had degenerative hip disease in both hips since birth, spent 2 years in a wheelchair when I was a teenager and have had total hip replacements and sockets in both hips in the last two years due to very severe osteo arthritis, I am now left with a twisted spine, unbearable pain and cannot walk any distance without pain, losing my balance or stumbling and falling over. I have been in reciept of high rate mobility and high rate care for the last 10 years but my renewal this time has been refused. They requested reports from my gp and consultant but have said in the letter that they are only going on information from my form. Its almost as if they have been reading another persons form, they are saying that because I am not in danger of falling or stumbling which was quite clearly stated on the form, that I frequently fall and stumble and in the report from my gp, that I dont qualify. They havent even lowered it they have just stopped the lot, can anybody advise me please
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Comments

  • dori2o
    dori2o Posts: 8,150 Forumite
    Part of the Furniture 1,000 Posts
    tasha3333 wrote: »
    Hello, can anybody advise me please

    I have had degenerative hip disease in both hips since birth, spent 2 years in a wheelchair when I was a teenager and have had total hip replacements and sockets in both hips in the last two years due to very severe osteo arthritis, I am now left with a twisted spine, unbearable pain and cannot walk any distance without pain, losing my balance or stumbling and falling over. I have been in reciept of high rate mobility and high rate care for the last 10 years but my renewal this time has been refused. They requested reports from my gp and consultant but have said in the letter that they are only going on information from my form. Its almost as if they have been reading another persons form, they are saying that because I am not in danger of falling or stumbling which was quite clearly stated on the form, that I frequently fall and stumble and in the report from my gp, that I dont qualify. They havent even lowered it they have just stopped the lot, can anybody advise me please
    Unfortunately there seems to be more and more people who more than meet the required criteria that are being refused DLA at the moment. IMHO there is an agenda to get as many people off the benefit, and refuse as many new claimants in oredr to reduce the amount spent on DLA.

    When I got the decision notice it simply said you can walk over 50 meters, you are not in danger of falling etc etc, despite the fact i have witness statements to my falls at work and the fact I cannot take even 1 step without being in pain.

    I am awaiting the evidence they have used as they 'claim' to have used a report from my doctor dated the 4th March, but I kknow for a fact that the report was only returned to them yesterday.

    At this point I am getting my MP involved.

    First thing to do is to get a copy of what they have used as evidence and if possible a report from your doctor to help to provide further evidence, then write to them and ask for a reconsideration.
    [SIZE=-1]To equate judgement and wisdom with occupation is at best . . . insulting.
    [/SIZE]
  • tasha3333
    tasha3333 Posts: 9 Forumite
    Thankyou, will go down the cab first thing Monday to see what they say, and fill in an appeal form.
  • Newly_retired
    Newly_retired Posts: 3,138 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/turned-down-for-dla-aa-think-youre-not-getting-enough/
    Follow this link and you will find a helpful leaflet re appeals.
    Unfortunately it is my experience at CAB that many worthy people are being turned down but some succeed on appeal.
    You have one month from the date on the decision letter to lodge your appeal, or an extra 14 days if you have to ask for written reaons, but usually they are included.
    You are recommended to enclose medical reports if you can, or you can send them on later if you are running out of time.
    I hope you CAB can help you.
  • tasha3333
    tasha3333 Posts: 9 Forumite
    Thankyou so much for your help,

    should I ring my consultants secretary and ask for a letter of my conditions
  • Newly_retired
    Newly_retired Posts: 3,138 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Good idea.
  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    phone the DWP first thing monday, inform them that you wish to instigate the official compalints procedure against atos due to your treatment by them, then phone your local MP and make an appointment, thats the official way to do it, also refuse to have anything else to do with atos until the complaints procedure is completed, i did, after 6 months of no money it was reinstated within a week with all backpay, also INSIST that the dwp contact your consultant/surgeon/registrar for details of your health issues if they have any doubt as to your medical condition, if the tens of thousands of people did this instead of waiting and going to appeal atos might be realised for what they are and refused the contract next time.
  • millym
    millym Posts: 240 Forumite
    The exact same thing happened to me last year. I sent off my GL24 appeal form, with some extra evidence, and made sure my GP sent the report that they had requested but didn't wait for. I had my DLA reinstated at reconsideration, within about 4 weeks, without having to go to appeal.

    They do seem to be almost automatically rejecting claims, so you are not alone. Interestingly, my DLA was not only reinstated, but was also awarded for 5 years - by far the longest award I have had. Good luck!
  • Thankyou everybody,
    I went to citizens advice first thing monday, they have appealed, I have written to my consultant explaining to him the situation and asking him if he would write me a letter to take with me to appeal, have informed dla about my appeal and strangeley enough she couldn't find the reason why I was turned down, probably because nobody read my claim form in the first place.
  • loopylou862
    loopylou862 Posts: 11 Forumite
    hi tasha, i really think you should go to a web site called benefitsandwork.co.uk and join the site, it is a really helpful site run by ex tribunal memebrs etc and they give you loads of help, you can post in the forums and get loads of support aswell. Many of the members have a good success rate i joined for my husband who has like you lost his award from a medical assors 20 min visit that takes preference over mri's consultant and gp's reports. good luck and try not to let it get you down too much and get in a fighting spirt :)
  • snookey
    snookey Posts: 1,128 Forumite
    Hi Id go with loopylou and join benefits and work. I did and won my case and oh .
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