Dla appeal new evidence

kazz3105_2

Hi quick question- I currently receive the lower rate care component of DLA, My GP changed my medication (due to a stroke last September) however the mix of medication made me un cordinated and forgetful constantly tired and have slurred speech. I requested an appeal after 4-5 months of these 'side effects' to cut a long story short i am appealing I have to visit my GP and see a neurologist at least once a month, I have had blood tests to rule out other problems and my GP has told me that I have MS I rang DLA to advise that my problem was'nt side effects it was infact MS I can't be left alone I have flooded my house almost burned the place down as well as getting up in the middle of the night and going outside in my PJ's not locking my door, all simply because I get confused and have memory difficulty. DLA advised that the transcript of the phone call and also a letter from my GP had to go the the DM I recieved a letter this morning advising that their decision still stands and the paperwork has been forwarded to the appeal board. My GP can't understand why I have to appeal as he has stated in the letter I can't be left alone and need someone there day and night indoors and out to take care of me. Do the appeal tribunal look at new evidence when they recieve it or does it just go into the papers, can they request that the appeal be dealt with by DLA so not go to appeal or does it just add to the reems of paperwork they already have? I am worried about going to the appeal as i walk and sound drunk i forget what i have said and lose track if they ask me a question i will forget the beginning of the question before they have finished asking. Any advise would be greatly appreciated.

dmg24

The Tribunal will accept new evidence, however it has to relate to your condition at the time of the application/ review.

kazz3105_2

Hi thanks for that the side effects where a miss diagnosis it was MS all the time condition is same/worse when I put the original claim in.

dmg24

If you have that in writing I would definitely submit it. Whilst an award is based on your care needs, having a diagnosis does help.

jetta_wales

It sounds like you could with sombody from CAB or similar to go with you to the apeal.

kazz3105_2

I have just been told that i have ME/CFS and NOT MS please accept my appology. This is the sort of mix ups i do.

sunnyone

kazz3105 wrote: »

Hi quick question- I currently receive the lower rate care component of DLA, My GP changed my medication (due to a stroke last September) however the mix of medication made me un cordinated and forgetful constantly tired and have slurred speech. I requested an appeal after 4-5 months of these 'side effects' to cut a long story short i am appealing I have to visit my GP and see a neurologist at least once a month, I have had blood tests to rule out other problems and my GP has told me that I have MS I rang DLA to advise that my problem was'nt side effects it was infact MS I can't be left alone I have flooded my house almost burned the place down as well as getting up in the middle of the night and going outside in my PJ's not locking my door, all simply because I get confused and have memory difficulty. DLA advised that the transcript of the phone call and also a letter from my GP had to go the the DM I recieved a letter this morning advising that their decision still stands and the paperwork has been forwarded to the appeal board. My GP can't understand why I have to appeal as he has stated in the letter I can't be left alone and need someone there day and night indoors and out to take care of me. Do the appeal tribunal look at new evidence when they recieve it or does it just go into the papers, can they request that the appeal be dealt with by DLA so not go to appeal or does it just add to the reems of paperwork they already have? I am worried about going to the appeal as i walk and sound drunk i forget what i have said and lose track if they ask me a question i will forget the beginning of the question before they have finished asking. Any advise would be greatly appreciated.

What damage did your scans show in your brain left from your full stroke?

Blood tests dont show MS or real strokes and GP's dont diagnose MS, TIAs dont leave eveidence in the brain and MS tests REALLY hurt, you dont seem to have a clue about either.

Many conditions can produce similar but not evidensial conditions and I hope you can find out whats wrong soon.

kazz3105_2

If you read the above message I stated that it was ME i had and not MS. I don't care much for your attitude, people come onto this forum for advice and help and not to be told "I dont have a clue about either"

rogerblack

kazz3105 wrote: »

I recieved a letter this morning advising that their decision still stands and the paperwork has been forwarded to the appeal board. .

If you do go for an appeal to the tribunal - appealing on paper evidence alone can be tempting, so you can avoid the stress of going - but you are much more likely to win at appeal if you appear in person.

sunnyone

kazz3105 wrote: »

If you read the above message I stated that it was ME i had and not MS. I don't care much for your attitude, people come onto this forum for advice and help and not to be told "I dont have a clue about either"

I dont give a damn about what you feel and its you that have an attitude problem, you claimed to have MS and then ME and then when you havnt even got a clue about how the are diagnosed or anything else about them where as I do know about both.

Your GP knows nothing about DLA, they are doctors and not DM's so his views are not relevant at all about what rate DLA you should get and given that they are so incompatent they cant even diagnose you correctly and they dont even understand that MS isnt diagnosed by blood tests (nor is ME btw) I would change GP's.

clemmatis

sunnyone wrote: »

.... you claimed to have MS and then ME and then when you havnt even got a clue about how the are diagnosed or anything else about them where as I do know about both.

Your GP knows nothing about DLA...

and given that they are so incompatent they cant even diagnose you correctly and they dont even understand that MS isnt diagnosed by blood tests (nor is ME btw) I would change GP's.

sunnyone, the OP says the blood tests were

to rule out other problems

so, were not for ME/CFS or MS. And if the OP always meant ME/CFS, not MS, they wouldn't know how MS is diagnosed. The tests may have been exclusionary tests.

I do though agree it would be better if the OP knew more about her diagnosis and condition.