Another DLA refusal. Is it worth appealing?

Rev

Basically I've been my mothers carer since I was 6, I'm 32 now. She's not a light woman and the years spent lifting her etc have taken their tole on my back.

I've had physio, they discharged me basically saying there's nothing more they can do, the bones in my back aren't being supported properly by the muscle because they're not where they should be (I have no idea what the medical term is), so all I can do is carry on the physio to strengthen the muscles and help as much as possible. But they basically said 'it can't be fixed, it'll keep happening and get worse'.

I applied for DLA because it's genially creating more costs. I can't carry much, or for very long. Can't walk far etc.

I filled the form in as best I could, and I don't feel they've taken all the info into account. Some weeks I literally can't do anything but lay on my left side (can't lay on the right - it's too painful). Can't stand, dress, wash, walk etc.

It'll gradually improve to the point where I can do everything myself and walk for a little while, there's always some level of pain, but if I can, I just get on with it until the next time it gets worse. Which can be the next week, the next day or the next month.

Obviously they've not taken the bad into account, just the good.

My question is, is it worth appealing? Or is it just not worth the hassle.

Thanks.

rogerblack

Rev wrote: »

My question is, is it worth appealing? Or is it just not worth the hassle.

Would the cash make a meaningful improvement to your life?
If so, yes!

In almost all cases, for DLA, the criteria is not 'can you X'. It's 'can you X, without suffering severe discomfort'.

Also - are you - if still caring - getting carers allowance or any other benefits you may be entitled to on that basis?

First - be aware of the timescale - you have 4 weeks from the time the decision was notified to you to appeal. If you request a statement of reasons, this time is extended by 2 weeks after they supply this to you.
The SOR details how they made the decision.

Spend this time getting familiar with the criteria and guidance for DLA - see http://www.dwp.gov.uk/docs/dmgch61.pdf which may be useful and getting letters supporting your position from anyone relevant.

Rev

rogerblack wrote: »

Would the cash make a meaningful improvement to your life?
If so, yes!

In almost all cases, for DLA, the criteria is not 'can you X'. It's 'can you X, without suffering severe discomfort'.

Also - are you - if still caring - getting carers allowance or any other benefits you may be entitled to on that basis?

First - be aware of the timescale - you have 4 weeks from the time the decision was notified to you to appeal. If you request a statement of reasons, this time is extended by 2 weeks after they supply this to you.
The SOR details how they made the decision.

Spend this time getting familiar with the criteria and guidance for DLA - see http://www.dwp.gov.uk/docs/dmgch61.pdf which may be useful and getting letters supporting your position from anyone relevant.

I got the letter on the 16th so I have a few weeks yet. I've been looking through forums etc and tbh. It seems they go out of their way to make claimants feel like they're benefit frauds. And that scares me a little. I'm not hugely confident and I know they'll make me feel like I am trying to claim when I've no need to, even though I know I should be entitled. Which is why I'm hesitant. I filled in all the relevant info about treatment, gave the name f my physio and their contact details etc and my doctors with my original claim form

The money would help yes, as I'm having to pay extra for verious things because I can no longer walk or carry etc.

I do get carers allowance, that's my only income.

spherelance

Rev wrote: »

I got the letter on the 16th so I have a few weeks yet. I've been looking through forums etc and tbh. It seems they go out of their way to make claimants feel like they're benefit frauds.

Ignore those posters, treating people like dirt is how they get their kicks.

If you can get medical evidence (GP report, specialist reports, etc) to back up your claim then appeal as the extra medical evidence could well swing it your way.

The problems comes if you can't get supporting evidence (I had an unco-operative GP once, luckily he retired from the GP practice) it is a lot trickier because it is your say-so against a medical report (I use that term loosly where ATOS is involved).

Certainly get the appeal lodged ASAP, you can still submit additional information at a later stage and there is quite a delay in appeals so once you have the appeal started in the system it gives a bit of time to collect supporting evidence.

Rev

Thanks.

Should I make a doctors appointment first and see if she's willing to help me?

spherelance

Rev wrote: »

Thanks.

Should I make a doctors appointment first and see if she's willing to help me?

I'd do both, lodge the appeal and make the appointment. If you feel you aren't going to get help from your medical team you can still withdraw the appeal if you so wish.

sunnyone

Rev wrote: »

I got the letter on the 16th so I have a few weeks yet. I've been looking through forums etc and tbh. It seems they go out of their way to make claimants feel like they're benefit frauds. And that scares me a little. I'm not hugely confident and I know they'll make me feel like I am trying to claim when I've no need to, even though I know I should be entitled. Which is why I'm hesitant. I filled in all the relevant info about treatment, gave the name f my physio and their contact details etc and my doctors with my original claim form

The money would help yes, as I'm having to pay extra for verious things because I can no longer walk or carry etc.

I do get carers allowance, that's my only income .

Do you know that carers can get IS on top of carers allowance if they fulfil the rest of the IS criteria?

Rev

sunnyone wrote: »

Do you know that carers can get IS on top of carers allowance if they fulfil the rest of the IS criteria?

I have applied for and been rejected countless times for IS. I have been to the CAB and spoken to someone at carers UK and have been told I have all I'm entitled too.

sunnyone

Rev wrote: »

I have applied for and been rejected countless times for IS. I have been to the CAB and spoken to someone at carers UK and have been told I have all I'm entitled too.

Do you have a partner that works or claims more than £50 pw in benefits, have savings over £6k?

Did they tell you why you are not entitled to IS?

rogerblack

Rev wrote: »

I filled in all the relevant info about treatment, gave the name f my physio and their contact details etc and my doctors with my original claim form

Ah yes.
DLA and ESA forms are seemingly designed to reduce the likelyhood of you actually getting the benefit, as much as they can.
I suspect most people on seeing a space to enter all doctors you've had contact with recently would assume that the DWP would as of a matter of course contact them.

They don't in many cases.
In addition, the DWP will - if they request information from your GP - not usually (do they ever?) request that it's filled in by a doctor who knows you. It may be filled in by someone at the practice you have never seen, based on your notes.

In some cases, this is fine - if you've got no feet - this is likely to be quite obvious in your notes, and the doctor will be able to fill it in without problems.

In others - you may only have contact with the one doctor, and - for obvious reasons - that it's not medically important to him as a GP - he hasn't written down in your notes whatever you may have talked with him about your condition and how it affects your life.

wattdallas

Rev i so know how you are feeling, my back is just knacked from lifting my daughter for a good number of years.I have numb left foot and lower leg and the feeling has never come back. i too have lots of pain just recently had 2 wks in bed in agony ,im up now but still in pain.

I dont feel i meet the criteria for dla as things maybe bad for me now i know in couple of weeks it will get better until it flares up again .

If you feel you want to appeal then go ahead they can only say yes or no .