DLA Fail

Supernatural

As I feared, a lovely brown envelope dropped on my doormat this morning turning down my recent application for DLA. They seem to have totally disregarded everything I wrote on the form (and god knows I thought I wrote enough, 20 sheets of extra info detailing every little difficulty and the mobility and care needs associated... sigh)

I suffer severe diabetes complications (constant neuropathy, every step is agony) proliferative retinopathy (my eyes are failing at a staggeringly fast rate with greatly reduced vision, even my consultant is shocked) and all the other delightful pain and fatigue associated with being undiagnosed for 10+ years.

So, where do I go from here? Do I go straight to appeal or ask for a reconsideration? If so what do I need to do? (write, phone, request appeal form? etc). I'm so livid, it's been a particularly bad pain week for me but according to them I can dance a jig whilst balancing a ball on my nose!!

I have a referral to a counselling service Tuesday as I'm not coping well at all at the moment, being in constant pain really can make you want to jump from a very tall building... should I get them to get involved in the appeal?

I want to go about this right but this is my first application, would appreciate advice please.

intranicity

Phone them up, be polite, and ask what your options are.

They will tell you you can have a reconsideration, go for that first. I'd hazard a guess that if you sent 20 pages of eveidence, that the initial pen pusher didn't read anything!

Hopefully, on reconsideration, they will change their minds, if not, then appeal. As long as you do each stage within the time limits on letters, if and when you are given an award, it will be back dated to the date of the initial application

MrsManda

Your letter should tell you what information they used to make the decision. Have they contacted your doctors?
I would call to ask for a written statement of reasons for the decision and also request all the evidence they used to make the decision.

You should get a written statement of reasons within 14 days after your request, you then have a month to request a reconsideration.

If you're unhappy with the reconsideration result then you have a month from recieving the reconsideration to appeal.

http://www.dwp.gov.uk/docs/gl24dwp.pdf

teabag29

If you dont mind me asking how long did it take from you posting the forms to receiving your decision? I posted my forms a week ago for dd and also included extra pages detailing all her problems (6 pages) but like you im expecting it to be turned down

intranicity

MrsManda wrote: »

Your letter should tell you what information they used to make the decision. Have they contacted your doctors?
I would call to ask for a written statement of reasons for the decision and also request all the evidence they used to make the decision.

You should get a written statement of reasons within 14 days after your request, you then have a month to request a reconsideration.

If you're unhappy with the reconsideration result then you have a month from recieving the reconsideration to appeal.

http://www.dwp.gov.uk/docs/gl24dwp.pdf

Agree, BUT would make sense in the first place to ask for a reconsideration. I spent 15 minutes on the phone, and had my award reinstated within 3 weeks.

One stage at a time.

Apply, the reconsideration, and if that fails, appeal, WHY make more work than you need to, not saying that they will grant you DLA on reconsideration, but they might, you might fail at appeal too, so what is the benefit of taking out an extra chance of them changing their mind?

intranicity

teabag29 wrote: »

If you dont mind me asking how long did it take from you posting the forms to receiving your decision? I posted my forms a week ago for dd and also included extra pages detailing all her problems (6 pages) but like you im expecting it to be turned down

You should get a letter within a week or so of sending in your claim, acknowledging receipt, will then be probably about 6 weeks before you hear their decision.

Out of interest, why are you 'expecting' to be turned down? If I thought I was entitled, I'd expect to be accepted!

jetta_wales

It' suprising how many decisions are completely over turned just on reconsideration alone. It's definitely a first easy step that's worth taking.

intranicity

jetta_wales wrote: »

It' suprising how many decisions are completely over turned just on reconsideration alone. It's definitely a first easy step that's worth taking.

Couldn't agree with you more.

People seem to get far to worked up about being turned down and seem to think they need to get every Tom, !!!!!! and Harry involved, writing reports and filling the tribunal system with needless appeals.

Do the simple things first, THEN and only Then, go to the next stage, you could get the award in weeks via the reconsideration route, you could end up waiting 6 months plus with loads of added stress and heartache, let alone costs, the might well have been un needed.

IF you fail on reconsideration, and you think you have a valid case, then YES, you should explore every other avenue that exists.

Hope that you are successful whatever route you take

MrsManda

intranicity wrote: »

Agree, BUT would make sense in the first place to ask for a reconsideration. I spent 15 minutes on the phone, and had my award reinstated within 3 weeks.

One stage at a time.

I'm sorry I didn't make myself clear - I meant to suggest that she request a reconsideration first. But wanted to give the information regarding what she can do if the reconsideration doesn't work as sometimes people see the 'you've got one month to appeal' and think they don't have the time to get a reconsideration if they're going to need to appeal. Whereas the times are reset to allow for a reconsideration first.

teabag29

[QUOTE=Out_of_interest,_why_are_you_'expecting'_to_be_turned_down?_If_I_thought_I_was_entitled,_I'd_expect_to_be_accepted![/QUOTE]

Because of all the refusals im reading about where people (like the o.p) are clearly in need of dla but they are turning them down. Also my dd's problems are mental/emotional not so much physical and she has 2 sides to her character and at the moment school are seeing the nice side of it so when dla contact the school I wouldnt be suprised if they say dd is fine (despite her truanting, shop lifting and constantly ringing me re her disruptive behaviour).

pwales_2

teabag29 wrote: »

Because of all the refusals im reading about where people (like the o.p) are clearly in need of dla but they are turning them down. Also my dd's problems are mental/emotional not so much physical and she has 2 sides to her character and at the moment school are seeing the nice side of it so when dla contact the school I wouldnt be suprised if they say dd is fine (despite her truanting, shop lifting and constantly ringing me re her disruptive behaviour).

i think you will get turned down too sounds like a normal teenager
dla for shop lifting i dont think so