DLA rejection

BristolHelp

Background:

I was in a car accident earlier this year. I suffered from a fractured vertebrae and shoulder, high blood pressure as a complication and severe post traumatic stress disorder.

Due to the high blood pressure I have been unable to undertake any physio. I still suffer with bad back and shoulder pain constantly which gets worse as the day goes on. My wife basically does everything for me. I cannot cook meals, carry shopping bags, lift our children, have a bath without her present and having to help me in and out/wash my hair etc. My mental health is also very bad at the moment. It is very hard to find the motivation to do anything. I currently see a psychotherapist. I am on a cocktail of medication which again my wife has to organise and ensure I remember to take it.

I applied for DLA for some help.

I have received the forms back within a week of sending them off. Just a straight rejection. No looking into medical reports etc.

And I am shocked.


I told them I can not walk any more than 100 metres without severe pain - the decision make has decided "You can walk over 100 metres".

I told them I cannot prepare meals as I cannot stand for long enough - the decision maker has decided "you don't need help to prepare a cooked main meal for one"

I told them I cannot lift my children or even carry shopping bags - the decision make has decided "you don't need any help to carry and lift safely"

I told them I cannot bath alone - the decision maker has decided "you don't need help to use a bath or shower"

I told them I need help to manage my medication and treatment - the decision maker has decided "you don't need help to manage your treatment or medication"

Even with all of the above - the decision maker has decided "you don't need help with your personal care from someone for about an hour or several times right through the day.

I told them my wife has to help me during the night due to PTSD, nightmares, pain, medication etc - the decision maker has decided "you can safely sleep comfortably" and "you don't need help with your personal care from someone more than once, or for 20 minutes or more, a night.

It would appear the decision maker knows more than me. Without ever meeting me, ever speaking to any medical person about my health and regardless of me telling her otherwise. Also my wife is wondering why she is having to do all of the above when apparently, this stranger has decides she doesn't need to.

Oh and it would appear I have 4 sheets of paper here which is telling me "you are a liar".

I have a right to appeal within a month apparently.

Does anyone have any advice?

zaksmum

Appeal immediately telling them they appear to have have decided the reverse is true of all you've told them, and you would like them to reconsider after actually reading the form you submitted.

PippaGirl_2

Appeal is my advice. Then you get to produce all your evidence.

outtawork

I got the same rejection letter. I had a stroke in May & need the same amount of help, I also have short term memory, amongst other problems. I recently had 2 bad falls in the same week, so my son had to leave his well paid job to move in & help with my care. Appeal. Appeal. I am presently attending an ESA appeal on Friday which I expect to fail as it is based on my original ESA illness, which was sleep apnoea & osteo arthuritus.

Muttleythefrog

The direct nature of the decision letter unfortunately is standard and in my view inappropriate... I felt exactly the same when I received mine... 'you are a liar'... because that is effectively what the document is saying.. you do not have the problems you claimed you do have. What would be more helpful is if they actually said what is perhaps the reality... which is they don't have sufficient evidence of problems x,y,z. As above.. .advise appealing... call DWP and ask for copy of all evidence used... and try as best you can to get supporting evidence (as close to DLA criteria as possible) preferably from medical professional like GP... it's quite possible they got a factual report from GP or specialist and if so you'll probably find the form poorly completed... and poorly designed. The DWP will reconsider their decision after receiving your appeal request... and if they don't change decision then they'll forward paperwork to tribunals service. Focus on the care/mobility criteria.

BristolHelp

Thank you for the replies.

I didn't expect to get a great deal of help because in comparison, my disabilities are quite mild. But to take the time to fill out the form, actually pluck up the courage to apply because funnily enough I hate feeling like I do and would rather not accept that I cannot do those things for myself ... but to then have a reply which is basically calling me a liar was a real kick in the teeth.

I also suffered from multiple fractures to my face which resulted in major reconstructive surgery which has left me with nerve damage, speech difficulties and an altered appearance, all of which contribute to my poor mental health. But from reading, I suppose I shouldn't be surprised by their response.

What kind of evidence can I supply to support my claim? I am seen by my GP regularly, a psychotherapist and a speech therapist. Should I be approaching them directly for letters? Should I be writing once again to appeal but explaining things in more details.

BristolHelp

outtawork and mutley, sorry to hear you went through this too.

I don't think they even applied for any medical information because it says their decision was made solely on my application. But then their reasons completely contradicted everything I had written in my application!

Muttley, thank you for some good advice there.

atrixblue.-MFR-.

1. phone DLA and ask for a statement request their evidence to their decision.

2. what evidence do you have, what reports specialists have you seen that would offer a supporting letter?

3. in the mean time wating for the DLA report from them, write out a appeal letter, head it GL24 DLA apeal.

bullet point the reasons for rejection from their letter to you.

and say refure to the DLA form and give a more detailed description that you didnt think to put in your form.

also put any "examples" you can think of relating to the question.
i have to be aided out of the bath (i have no adaptions to use).
my wife once had to run out of the house due to family emergency forgetting i was in the bath, i spent 2 hours in the bath because i could not get out or answer the door to let anyone in so could not shout for assistance.

when you receive the documents, you will then know what was requested (at the very least you will have a medical advisors report included in there this person has never assessed you never seen you but DLA take them as gospel and easily contradicted by evidence that you have) and that you can then compile your evidence to the questions and send this back to them.

request the above from them then aslo ask for a reconsidderation, this will buy you some time to gather your evidence look at the information sent to you, and compile you GL24 appeal letter and send evidence off with it, they will find the decision stays, then you say you wish to appeal, send off your letter, and photocopies of all your evidence, and get it postal evidence as proof of sending.

your appeal letter will trigger another reconsidderation if the decision cant be overturned with the new evidence then they proceed to send your file to tribunal services here you will be given a date of appeal, and youll recieve the bundle.

if your appeal triggers a reconddideration this maybe a ATOS health care professional to attend your home and give you an assessment, have a whitness with a note pad at hand to record down what you said and what his/her responses to you were, if they still refuse you the just call them and ask to proceed to tribunal as requested in GL24 letter.

good luck.

EDIT: also to add that specifically request that they contact your GP/psycotherepist/speach therapist, provide contact details.

if your GP supports you, make an appointment and ask to go through what evidence is on you medical records to support your claim, here if there is anything that is relevant such as diagnosis care plans treatment records etc etc, then ask for printed copies form you GP state youll sign a data protection release form and contribute and admin fee £10.00 usually.

Muttleythefrog

BristolHelp wrote: »

outtawork and mutley, sorry to hear you went through this too.

I don't think they even applied for any medical information because it says their decision was made solely on my application. But then their reasons completely contradicted everything I had written in my application!

Muttley, thank you for some good advice there.

Atrix gives excellent advice above and I advise you follow it. But yeah it feels like a real kick in the teeth... I can tell you it really set me back and maybe set me back forever.. sounds like a dramatic claim but it took me 2 years to put right what I felt was injustice that was exacerbated by an abusive GP at appeal tribunal. I was rejected at first app... largely based on virtually blank GP factual report form that my GP decided to deny ever completing until I stuck it under his nose. I appealed and won LRM... then I eventually made new claim after getting in place a psychiatrist who was well prepared for completion of the factual report (which I expected DWP to request) due to information I'd supplied. I got MRC and LRM awarded which I felt was fair enough... so I have a letter just like yours and a letter a couple of years later saying very different things on exactly the same points about me...faceless beaurocracy... their language is that of a God like being... you do have x, you do not have y... and you think to yourself... who is this authority about my life whom I've never met... do they do the biography upon your death...lol

The burden of proof tends to lie with claimant... they seem to take a' see no evil hear no evil' approach... so if your claim form doesn't document problems of sufficient trigger for award in the 'right way' (there seems to be a sort of DLA language and way to fill in the app form) then they may well take the view that'll do.. refuse the benefit. It may be that this is the case here if they've confirmed in their letter that they based decision solely on your app form. If you do seek supporting letters then as close to the criteria as possible.... a specialist who understands the DLA criteria is probably worth their weight in gold if for a few quid they'd write a letter stating your problems and why you have them.

Ellejmorgan

I'm also going through an appeal, my last award expired last November and due to difficulties with my arm I wasn't able to fill in the form, was also waiting to see wether I was being sent for sugery at that time..

I applied at the beginning of last month, I stupidly got CAB to fill it in, expecting to at least get low care which I would have been happy with, they took all of four days to make a decision

The CAB advisor knew my eldest, my support worker wanted me to hold back doing the paperwork as she wanted to get DLA to help me with it, which they can in certain circs, but I made a mistake and didn't wait, they think I have been compromised with the DLA due to advisor knowing DD & me having to not say things as they really are..
Hence the appeal..

I think a lot of people are getting turned down, a friend of mine has gone from HRC & HRM to NIL award...

Supernatural

I've had that standard 'b*gger off, there's nothing wrong with you' letter - twice! Turned down flat after Atos doctor practically said I was juggling and dancing a jig when he visited, appealed, failed at tribunal last Sept, just been through it again (refusal, appeal, tribunal) this year on Oct 1st and won!

Go to the CAB/Welfare rights in your area and get them to help with an appeal submission, try talking to services like Mind RE your depression and difficulties, they can send support workers to help you get your point across at the tribunal, they helped me and it really made a world of difference.

Don't let them beat you, appeal and take it through to the bitter end if you have to, good luck!