DLA renewal turned down. Think I need some help please

davey_boy_2

Hi Everybody,
I'm a newbie so I will not try to ramble on. I have just had notification that my DLA renewal has been turned down.
In 2006 i had a motorcycle accident which i suffered multiple leg fractures and has been pinned together. I was already had Lymphodema in my other leg. I was in cast and on crutches for 1 year. I was reffered to a podiatrist by my orthpedic consultant and found to have arthritis in my feet and supplied with orthpedic footwear. I now have type 2 diabetes just to complicate thing for me.
After about 14 month i was discharged into the care of my GP as they couldn't do anything for me that my GP couldn't do.
i was award 1 year HRM & LRC followed by another year at the same rate. I was then awarded HRM & MRC for 3 years.
I now have type 2 diabetes just to complicate things for me.
I reapplied this year and received a letter saying they had wrote to my GP for a report. I then feared the worst as far as for my difficulties walking due to the accident my GP has not been all that helpful or supportive and blames all the pains etc on my diabetes.
Anyway DWP turned my claim down as they say I can walk slowly and in a reasonable manner and i can cook myself a meal.
I dont think i walk in a reasonable manner as I suffer severe discomfort from my first step and I and my leg gives way without warning and i have fallen several times. Although my walking stick has prevented serious injury.
Welfare rights have advised me to appeal, but due to lack of resources they cannot take on my case so it looks like i'm on my own.
If there any other group that could help, I will represent myself if i have to but i also suffer from depression and can get confused at times.
Thanks

concerned43

Davey_boy - join the club! there are many of us here who are in the same boat. You should appeal ASAP - you will have plenty of time to get your evidence in for the appeal as there is currently a 10 month+ waiting time. You can contact welfare rights/CAB nearer the time re: appeal support.

nannytone_2

have you got a D.I.A.L. in your area? they take on appeals.

rogerblack

davey_boy wrote: »

I reapplied this year and received a letter saying they had wrote to my GP for a report. I then feared the worst as far as for my difficulties walking due to the accident my GP has not been all that helpful or supportive and blames all the pains etc on my diabetes.

This is quite irrelevant.
If your pain comes from diabetes, or pretty much any cause other than alcoholism or various other 'self inflicted' causes (and then only sometimes), it should be treated the same.

davey_boy wrote: »

Anyway DWP turned my claim down as they say I can walk slowly and in a reasonable manner and i can cook myself a meal.
I dont think i walk in a reasonable manner as I suffer severe discomfort from my first step and I and my leg gives way without warning and i have fallen several times.

A massive series of tomes - but useful.
These are the decision makers guides, that should guide how the decision maker deals with your case.

http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/ - specifically chapter 61.

61306.
'... the test is the ability to walk without severe discomfort, any walking with severe discomfort is ignored'

First ask for a statement of reasons on the decision.
Send in any other evidence you may have.
Ask for a reconsideration of the decision based on what the statement of reasons may say, and evidence you've sent in.

If the reconsideration is not successful ask for an _ORAL_ tribunal - a paper tribunal where you do not appear has a much lower rate of success.

lilly81

Change your GP!

rogerblack

If the GP believes in the pain - though disagrees with the self diagnoses of why the pain is there - it doesn't matter.
There is no special treatment given to broken bones over diabetes.
I missed out earlier - have you requested notes from the consultant that was treating you?

MrsManda

Definitely ask for a statement of reasons/a copy of the report as then you'll be able to see what your GP has said. It's always worth knowing what the reasons are rather than just presuming it's because your GP has said your pain is solely due to diabetes because as rogerblack said, the cause is irrelevant (unless it means it'll only last a further six months).

TOBRUK

Hi rogerblack, have you seen a copy of the GP report? It is quite normal for DLA to send for a GP report - they have done this on the last 2 occasions that I have re-applied. However, I regularly see my GP with my illness and disabilities and is very aware of my 'ability' and the way my conditions affect my day to day living. It is important to keep your GP up to date, however, if your GP is not helpful or supportive - you need to change GP's!

You say you are on your own with any appeal because you have nobody to take your case - I have been to 2 tribunals in the past and I had nobody to take my case on - I won on both occasions! It can be done. A 'tribunal' sounds scary but it is not like a 'trial' in a court - it is a room with a panel of around 4 people who ask you questions. An appeal though doesn't mean that it will eventually go to tribunal.

Yes appeal A.S.A.P but make sure you think it through, what I mean is - look up your eligibility and what rate of DLA you believe you are entitled to - try to do this objectively. Read through your re-application (if you didn't make a copy of it, request it) and request the a copy of reasons, and what points were made, why they turned you down for both components and write down why you disagree with their reasons.

What was the consultants' prognosis on your injuries? Are your injuries such that they will affect you permanently? Perhaps you can see your consultant and request a report/letter explaining the outcome or permanent difficulties etc.

Make sure (if you are going to appeal) that you send them the appeal letter within the time limit and send it by registered mail. You should receive an acknowledgement of your letter (within a couple of weeks) and if not phone them up and ask if they have received it.

Good luck.

rogerblack

TOBRUK wrote: »

Make sure (if you are going to appeal) that you send them the appeal letter within the time limit and send it by registered mail. You should receive an acknowledgement of your letter (within a couple of weeks) and if not phone them up and ask if they have received it.

Good luck.

It's normal for them to not 'get' mail for around a week after it gets to their mail processing centre.
The date it got to the processing centre (or that it should have gotten there in the normal course of events) is the important thing - but it does mean that if you ring up they will have no record of the letter for around a week.

davey_boy_2

Thanks for the advice everyone.
There is a DIAL office a short drive from my home. I will get in touch with them.
I rang DLA and requested a GL24. I was asked if i wanted to go for reconsideration, but I will send the appeal form in as they will reconsider it any way before they send it to the tribunal service. She said they will send the doctors report out if it gets to the tribunal stage.
As for what I wrote on my renewal form, it was the 4 page renewal form I ticked that the was no change in my circumstances, but did inform them I was now diabetic.
I will have a read of the decision makers guide and build up the evidence i need for the future. I will keep posting updates if there's any news.
thanks again

zaksmum

rogerblack wrote: »

This is quite irrelevant.
If your pain comes from diabetes, or pretty much any cause other than alcoholism or various other 'self inflicted' causes (and then only sometimes), it should be treated the same.


A massive series of tomes - but useful.
These are the decision makers guides, that should guide how the decision maker deals with your case.

http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/ - specifically chapter 61.

61306.
'... the test is the ability to walk without severe discomfort, any walking with severe discomfort is ignored'

First ask for a statement of reasons on the decision.
Send in any other evidence you may have.
Ask for a reconsideration of the decision based on what the statement of reasons may say, and evidence you've sent in.

If the reconsideration is not successful ask for an _ORAL_ tribunal - a paper tribunal where you do not appear has a much lower rate of success.

Regarding the severe discomfort...if you truthfully state on your DLA form that you cannot walk at all without severe discomfort you will be awarded 15 points for that alone which will be enough to allow your DLA claim at the high rate mobility.

You may indeed actually be able to walk. But as has been said, any walking which causes severe discomfort must be disregarded.