dla decision made but wont tell me

tint2000

ok had the letter today they turned me down! ok im at a specialst brain rehab unit in birmingham, i had a motorbike accident had brain damage, blood on brain, nerve damage in knee, fract skull twice. was in a coma on life support. Iv been atmy rehab unit since feb they wrote to my consaltant & i seen the letter today. It was a detailed letter of my problems and that rehab is helping me out with them etc. But yet still turned me down! its just a joke to think that genuine people need this benifit yet they are saying iv got nothing wrong with me even after providing loads of evidence plus consaltants report & the form was filled out by a benifits advisor.

krisskross

tint2000 wrote: »

ok had the letter today they turned me down! ok im at a specialst brain rehab unit in birmingham, i had a motorbike accident had brain damage, blood on brain, nerve damage in knee, fract skull twice. was in a coma on life support. Iv been atmy rehab unit since feb they wrote to my consaltant & i seen the letter today. It was a detailed letter of my problems and that rehab is helping me out with them etc. But yet still turned me down! its just a joke to think that genuine people need this benifit yet they are saying iv got nothing wrong with me even after providing loads of evidence plus consaltants report & the form was filled out by a benifits advisor.

the rehab unit isn't like a hospital is it? Do you live in so to speak?

Could be worth trying again when you are discharged.

Muttleythefrog

tint2000 wrote: »

ok had the letter today they turned me down! ok im at a specialst brain rehab unit in birmingham, i had a motorbike accident had brain damage, blood on brain, nerve damage in knee, fract skull twice. was in a coma on life support. Iv been atmy rehab unit since feb they wrote to my consaltant & i seen the letter today. It was a detailed letter of my problems and that rehab is helping me out with them etc. But yet still turned me down! its just a joke to think that genuine people need this benifit yet they are saying iv got nothing wrong with me even after providing loads of evidence plus consaltants report & the form was filled out by a benifits advisor.

It's frustrating.... sorry to hear that. Ask for statement of reasons for the decision but more importantly get a hold of the copy of evidence they used.. the decision letter probably says 'information we used to make our decision: your application form, x' or the like. I suspect a specialist factual report was requested here and I suspect it'll be non supportive. If it isn't supportive there is every chance that is because the form is a dreadful one to start with and the specialist may not have provided relevant information. The direct dismissive language used in the letter (or SOR) I find troubling and deeply unprofessional... it's one thing to say we don;t have evidence to support your claim that x.. but the letters effectively say you do not have problem x as if you either are a liar or are so devoid of ability to process your reality that even people who you've never met know what happens in your home better than you do.

If it is any consolation I've been in your situation and ultimately was successful via a new application when I had a specialist in place who I'd moulded into shape ready to fill in the factual report form. It took a couple years. Appealing might be good course of action here... seek 3rd party support if necessary... perhaps return to those who helped you with application in first place. If you do seek 3rd party support don;t delay as you have time limit for appealing and appointment may take a while to arrange... meanwhile hopefully you can get the evidence they used supplied.

ETA. As per krisskross... the rehab unit... are they classifying this as as in patient hospital treatment I wonder.... it's something I hadn't noticed initially in reading your case and it could be crucial. The rest of my post may be valueless as a result. There's also the issue as raised above of whether needs have existed for 3 months and would be expected to last another 6.

Refer this document.
http://www.disabilityrightsuk.org/f7.htm

tint2000

my rehab unit i attend 3 days per week no i dont live there its my after care from my main hospital there is a 6month waiting list to get into this rehab so its not like i can just walk into it. The rehab is helping me with my problems i have! i have a key worker there and a OT and a pyhsio & phycologist etc. The form was filled out by a benifits advisor who worked for DWP doing the DLA forms, she works for the rehab unit now and helps everyone 1-1 with filling in there forms and putting the right info on it. I requested an appeal via tribunal and copys of all the documents. Im going to write to my MP when i get all the paperwork with all the support off my OT and various staff from rehab. But the only way forward is to appeal appeal but im discusted in thier disicion.

mazza111

Two words - Reconsideration and appeal.

Get help with it too. Remember to concentrate on your mobilty and care needs rather than your condition

gingergee

What a shame!! I cant understand how some people get it awarded very easily, and others struggle????? Hope you appeal x

Muttleythefrog

stallion4u wrote: »

I have not yet seen any DWP decision letter that states that the claimant is a liar.

Just to clarify, the letters won't say this. But if a letter says things like 'you do not need help with personal care' when you've made claim that you require much of it then effectively they're saying we do not accept what you claim is true. This is the problem I think with the document... rather than expressing the lack of (or contrary) evidence for what you claim they simply refute your claim. And then of course it looks silly when they send you another letter saying completely the opposite thing when nothing has changed... as in my case after another application. What changed wasn't my circumstances... but the evidence. What the DWP initially said was simply not true.

benji_boy

I did sent in my life 2 DLA claims for 2 different people . They were both awarded with HRC , one HRM , second LRM. I always used simple words to express things and try to describe what kind of help those people will need in terms of care and mobility.
Both claims I supported well with the letters from Consultants and GP. So they didn`t wrote to anyone to confirm as it was no needed.

merlin68

I know my aunty works on a dialysis unit and she says her patients don't get dla it's something if i remember right about getting the care from the hospital.
When i first claimed in 2001, i went to appeal failed the tribunal. Put in another claim this time they sent a doc out and i got it no problem after a medical.

mazza111

stallion4u wrote: »

Have you ever tried that course of action? Have you ever had to do what you suggest?

Maybe you have, but believe me there are many that cannot do so, it is an overwhelming experience.

Many just give up and wait their 6 months to put another claim in hoping that it works next time.

And as in my example, even with McMillan behind two people I know they found it very hard to cope with and they had excellent support.

Yes I have been through the appeal procedure for my father many years ago. Yes it is stressful. I handled the appeal myself, the doctor who visited my father seemed to write about how my father's adopted son helped him with a lot. Which was great as my father didn't have an adopted son or even a son close by to help him with things :rotfl: I agree it is a very stressful procedure. I got such a migraine when the stress was lifted, I had to ask my dad to drive home as I was blinded by this headache and could only see out one eye.

I am also now going through the process with ESA with my daughter. Who's deemed disabled enough to get DLA but fit for work :wall:


There is the option to reapply as you say, but don't forget you're losing the money in the meantime. Which is easier to do if you have a wee bit of back up, not so easy to do when you're living on the assessment rate of ESA (especially for the under 25s)