NEW desision: Not entitled to DLA anymore!

VitaK

Sorry for the long post. We now been appealing for DLA for about 6 months and to our horror we just got the new desision saying my wife is not entitled to either the care- or mobility component.

To make a long storry short. Renewing our claim in July we got moved from medium rate care and low rate mobility to low rate care only. This was due mistakes made in the DWP/DLA questionare (filled out by a secretary at GP's headoffice). Our GP recognised there was mistakes but refused to give us a support letter.

First apeal: DWP uses faulty questionare again, hence get to same desision.

Second apeal: DWP send our GP a new questionare which they dont respond to despide DWP requesting it several times. 10 weeks on, DWP books and send there own doctor out, ATOS "doctor". The new desision is that we are no longer entitled to DLA.

We are now trying to make heads and tails in this new desision and it just dosent make sence for us. My wifes illneses includes: underactive thyroid, type-1 diabetes, cronic sciatica, obstructive sleep apnea, depression and panic attacs. She have attempted suicide several times and selfharmed by extensively cutting herself.

Help with getting around outdoors

Physical difficulties walking

You can walk:

• Up to 150 metres
• Slowly
• in 3 minutes
• in a normal manner

Using suitable aids, although your walking is limited, you are not unable to virtually unable to walk.

My wife suffers from cronic sciatica. Scan have confirmed she is missing a disc and shes been told there is no chance of "growing" a new one and an operation is to dangerous to be considered. ANY walking is with horrible pains no matter distance and terain.
On a good day and pushing herself she can posible walk 150 meters without stoping. After a break not a chance she can walking another 150 meters in one go. More like 50-100 meters very very very slowly and with visible signs on pains.
She also suffers from panic attacks, something we spoke to great lengths with the ATOS "doctor". Further, walking often triggers a hypoglycaemic episodes wich she cant feel in advance but if pointed out can overcome with glycose tablets.

Help with personal care

Preparing a cooked main meal

There is no reaon why you can't prepare a cooked main meal for one person.

Up untill the ATOS visit, DWP recognised my wife wasent able to cook a meal. The ATOS "doctor" asked if she could cut up a soft vegetable and she answered that if the vegetable was soft she could on a good day but it wouldnt be safe due to difficulty with gripping/dexterity problems. We also discussed things like she couldnt bend down to reach the oven, stir a pot, carry stuff like a kettle ect.

During the day

Day attention

You need help to:

• Get in and out of bed.
• Manage your toilet needs
• Wash and dry yourself
• Use a bath or shower
• Dress and undress
• Get in and out of a chair
• Move about indoors
• Eat and drink
• Manage your treatment and medication
• Take part in social activities
• Communicate
• Prevent neglecting yourself

You don't need help with your personal care from someone for about an hour or several times right though the day.

Where to begin...
Manage your toilet needs, get in and out of a chair, move about indoors, eat and drink, manage your treatment and medication (insulin depended diabetic: 4 injections a day. Painkillers: she will use on demand if left to herself and not as prescribed. Shes attempted suicide 5 times in 10 years with painkillers and this is on record!), communicate and prevent neglecting youself. Is none of those thoughout the day?

An hour to do all this? Do they think im a squid or something.

We talked to great legth about selfharming. My wife have visible scars on wrist and legs from cutting herself. The only reason she havent cut herlself in the last 2 years is because i have supported her full time as a carer. Now after 6 months of appeal and the last desistion to cut her DLA completely, finacialy we cant afford me staying home to support/help her anymore.

This new desision mention absolutely nothing about night time care needs. My wife is diagnosed and is battleing obstuctive sleep apnea. She is sleeping with and CPAP mashine which she cant fit, take off in the night/morning without help. Cronic sciatica makes getting comfortable very difficult and the respiratory mashine even further restricts the way she sleep. Going to the toilet is a challange in itself because the painkilles would have worn off when the demand arises.

We have booked an double appointment with our GP on monday to see if they will help now and we will most certainly go see CAB also.

Any comments and advice is welcome. We realy could use some.

VitaK

No it was not the tribuneral desision. I belive next step from now is the tribuneral.

VitaK

Sorry tribunal

We have submitted all information we have including a care diary. There are a few things we dont have in writting but out GP have, like the sciatica scan result / prognosis and information on mental health (our GP dont want to give us this).

We have made a point out of discussing care needs with our GP but due to them not responding to the DWP all this information is lost.

We have requested the ATOS report, which seems to be what made the basis of the new desision. GP failing to respon the the DWP this time around.

Sorry if we are abit incohesive, but todays letter have hit hard.

VitaK

We dont have everything because our GP will not release it to us. We are confident the evidence is there, but due to our GP failing to respond to DWP that evidence dosent seems to have reach DWP. DWP are however aware of all health profesionals we have been in contact with to date.

Our GP offered to handle paperwork for the previous apeal for £295 but we decline that. We though they had a duty to hand the evidence over to DWP whent they requested it.

sunnyone

VitaK wrote: »

Sorry for the long post. We now been appealing for DLA for about 6 months and to our horror we just got the new desision saying my wife is not entitled to either the care- or mobility component.

To make a long storry short. Renewing our claim in July we got moved from medium rate care and low rate mobility to low rate care only. This was due mistakes made in the DWP/DLA questionare (filled out by a secretary at GP's headoffice). Our GP recognised there was mistakes but refused to give us a support letter.

First apeal: DWP uses faulty questionare again, hence get to same desision.

Second apeal: DWP send our GP a new questionare which they dont respond to despide DWP requesting it several times. 10 weeks on, DWP books and send there own doctor out, ATOS "doctor". The new desision is that we are no longer entitled to DLA.

We are now trying to make heads and tails in this new desision and it just dosent make sence for us. My wifes illneses includes: underactive thyroid, type-1 diabetes, cronic sciatica, obstructive sleep apnea, depression and panic attacs. She have attempted suicide several times and selfharmed by extensively cutting herself.

My wife suffers from cronic sciatica. Scan have confirmed she is missing a disc and shes been told there is no chance of "growing" a new one and an operation is to dangerous to be considered. ANY walking is with horrible pains no matter distance and terain.
On a good day and pushing herself she can posible walk 150 meters without stoping. After a break not a chance she can walking another 150 meters in one go. More like 50-100 meters very very very slowly and with visible signs on pains.
She also suffers from panic attacks, something we spoke to great lengths with the ATOS "doctor". Further, walking often triggers a hypoglycaemic episodes wich she cant feel in advance but if pointed out can overcome with glycose tablets.

Up untill the ATOS visit, DWP recognised my wife wasent able to cook a meal. The ATOS "doctor" asked if she could cut up a soft vegetable and she answered that if the vegetable was soft she could on a good day but it wouldnt be safe due to difficulty with gripping/dexterity problems. We also discussed things like she couldnt bend down to reach the oven, stir a pot, carry stuff like a kettle ect.

Where to begin...
Manage your toilet needs, get in and out of a chair, move about indoors, eat and drink, manage your treatment and medication (insulin depended diabetic: 4 injections a day. Painkillers: she will use on demand if left to herself and not as prescribed. Shes attempted suicide 5 times in 10 years with painkillers and this is on record!), communicate and prevent neglecting youself. Is none of those thoughout the day?

An hour to do all this? Do they think im a squid or something.

We talked to great legth about selfharming. My wife have visible scars on wrist and legs from cutting herself. The only reason she havent cut herlself in the last 2 years is because i have supported her full time as a carer. Now after 6 months of appeal and the last desistion to cut her DLA completely, finacialy we cant afford me staying home to support/help her anymore.

This new desision mention absolutely nothing about night time care needs. My wife is diagnosed and is battleing obstuctive sleep apnea. She is sleeping with and CPAP mashine which she cant fit, take off in the night/morning without help. Cronic sciatica makes getting comfortable very difficult and the respiratory mashine even further restricts the way she sleep. Going to the toilet is a challange in itself because the painkilles would have worn off when the demand arises.

We have booked an double appointment with our GP on monday to see if they will help now and we will most certainly go see CAB also.

Any comments and advice is welcome. We realy could use some.

Has your wife been refered to the pain clinic?

There are a huge array of pain treatments avaialble that are better than just tablets, especally for people who have attempted suicide and it means you can use much stronger medications safely, without troughs so 24/7 etc.

[Deleted User]

have you considered requesting a copy of your wifes records from the GP?thats might cost around a tenner or so and should contain everything you need,but it might take time to get it done
are you getting help with the appeal..cab/welfare rights or if you have one DIAL?

VitaK

We will submit a data request on monday aswell. We have already requested all the paperwork DWP used to make there desision incl. the ATOS report. They said that it may take up to two weeks for all the papers to be sendt out.

MrsManda

Does your wife see anyone other than her GP?

VitaK

She dont see a speicalist with regards to her sciatica anymore. There was nothing more that could be done other than pain management and because the painkillers cut the top of the pains then our GP never refered her to a pain clinic. She have a pending referal to physio.

She see a diabetes nurse with the usual specialists that follows with that illness.

She see a sleep apnea specialist.

She does not see a mental health specialist at the moment, but i see this may become needed if this continues. Our GP is closely managing her mental health with medication and advice. One of the reasons for this is that I been caring for her and been able to help her avoid those all time lows and not given her the time and space for selfharm.

Missconduct

In your shoes I would be getting quite shall we say noisy at the GP.... You have a right to access your medical records under the Medical Records Act, make an application to your GP. I'd also be inclined to advise the GP that you feel they may well have been negligent in their handling of this situation and you reserve the right to take whatever action you deem appropriate. And I'd be inclined to lodge a complaint with the head of the surgery (thereafter the GMP if needs be).

Missconduct

Oh, and do you have letters from the specialists? Those should also be contained within your wife's medical records.