DLA renewal turned down. Think I need some help please

rogerblack

zaksmum wrote: »

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.

This is of course if they actually bother reading your claim form.
They seem to have skimmed over my medical report (for ESA) and totally ignored the form I sent in.

Reconsideration underway.

rogerblack

davey_boy wrote: »

She said they will send the doctors report out if it gets to the tribunal stage.

You can request a copy of the medical report under the data protection act.
http://www.dwp.gov.uk/privacy-policy/data-protection/
It's even free.

MrsManda

I think they automatically send you the report if it gets to tribunal stage but this doesn't mean you cannot request it prior to this. I called to ask for the evidence they used to make their decision as soon as I got my decision letter (not because I wanted to challenge the decision, but because I wanted the information for future reference). It can take a few weeks to arrive but there's no problem in getting it.

Dippypud

Take nothing for granted, ask for copies of all
correspondence.

amberjade_2

I am going through an appeal as well. DIAL filled the form in last week and phoned me this week to ask how I was and they will call DLA next week if I have not heard from them.

It seems you and I have both had similar- I was also on HRM, MRC and refused anything. On the statement of reasons they have lied- said I can walk 50m with no pain where I told them I cannot walk 20m without severe pain... this has gobsmacked me!


Let me know how you get on. x

zaksmum

Dippypud wrote: »

Take nothing for granted, ask for copies of all
correspondence.

When I asked for my documentation prior to a Tribunal a few years ago, I noticed a copy of a letter from a doctor I didn't remember ever seeing. When I read the letter, saying "this lady" had severe walking difficulties causing extreme pain, I realised it wasn't about me at all but someone with a completely different name from another part of the UK. I rang the DWP to tell them but they were adamant that this letter was relevant to my claim and therefore must remain in my file.

The Tribunal upheld my claim but I did wonder how often this sort of error occurs, and just how much attention is paid to documentation!

corgiman

zaksmum wrote: »

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.

.


This is what gets me about the DM if people can trurhfully say this with Drs also saying this why are so many claims turned down ?

DeadWeightUk

amberjade wrote: »

It seems you and I have both had similar- I was also on HRM, MRC and refused anything. On the statement of reasons they have lied- said I can walk 50m with no pain where I told them I cannot walk 20m without severe pain... this has gobsmacked me!

This sounds familar....unfortunately! :mad:

I am unable to walk any sort of distance without it causing severe discomfort....but on refusal document stated that the examining ATOS doctor said I was able to walk 100 meters with a minute's rest every 25 meters.

I NEVER said this and infact the Doctor who attended never got up to examine me or checkout my home for adaptions etc.

Also funnily enough he wrote all his answers down on form in pencil , for which I gather allows them to "amend" there paperwork later allegedly???

I will be appealing but find the information about the Decision Makers Rules Chapter 61 to be very informative!!

davey_boy_2

Hello Everyone. I have been to see a different GP who examined me and has agreed to write a supporting a letter for my Blue Badge application. Although I have to pay an admin fee for the letter it should be worth it.
I will be sending my appeal form off shortly and see what happens and I appreciate all the advice everybody has given.
I wish everybody well with your appeals but in reality we should not even be in this position.
I shall let you all know how it goes.

davey_boy_2

Hello Again, Just to up date you all about how things are going. Well my blue badge application was successful but that's about all the good news. My appeal got no where and it is going to the tribunal. I have seen the Gp report and i was gobsmacked to say the least. My leg injuries where not even mentioned apart from an aching leg.
I think the first course of action is to change my GP. I think I have an uphill battle now and just wonder after to seeing the report or lack of it if its worth taking it to the tribunal.