DLA renewal refused

NickyBat

Evening All,
Just wondered if anyone can give me some advice.

Has anyone been refused DLA renewal for chronic Asthma ? If so what did you do and were you eventually successful.
Cheers

rogerblack

It's going to totally vary on the case.
I have chronic asthma.
It's controlled well with medication.

What care and mobility needs does it cause?

Evidence of hospital admissions, for example would be useful.

pmlindyloo

rogerblack wrote: »

It's going to totally vary on the case.
I have chronic asthma.
It's controlled well with medication.

What care and mobility needs does it cause?

Evidence of hospital admissions, for example would be useful.

Absolutely

Many people just do not understand that it is not the illness that makes you eligible for DLA. It is whether you have care/mobility needs.


If you decide to appeal then the process is explained here.

http://www.dls.org.uk/advice/factsheet/welfare_benefits/DLA_appeals/DLA%20Appeals%20Factsheet.pdf

I will try and find some pointers as regarding the care/mobility requirements.

pmlindyloo

Have a look through this:

http://www.dwp.gov.uk/docs/dmgch61.pdf

miduck

pmlindyloo wrote: »

I will try and find some pointers as regarding the care/mobility requirements.

http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/a-z-of-medical-conditions/asthma/care-and-mobility/

atrixblue.-MFR-.

NickyBat wrote: »

Evening All,
Just wondered if anyone can give me some advice.

Has anyone been refused DLA renewal for chronic Asthma ? If so what did you do and were you eventually successful.
Cheers

i just had my renewal wich has stayed the same.

i provided evidence that my condition is life long (although an award was made for 3 years).

i also provided evidence for a successfull ESA tribunal SG.

i also sent in 2 reports from consultant and GP.

spirometry tests and lung function tests results can also lead to opinion of walking distance capability.

you can appeal there are certain case law that is subjected to asthma but you would need the DLA handbook with these in to find out what they are my advice would be to appeal, the gather you evidence in as short as time as possible, and then submit these before the DWP reconsidder the decision (look at it for errors in law before it heads into tribunal hands) wich is about 4 weeks turn around. then go into getting a welfare and benefits adviser who can attend the tribunal with you.

the mobility and care needs of asthma is a difficult one to prove.

NickyBat

Thanks for the replies, i shall read the links momentarily. Care needs are few - although i do have a hubby and child to help with everything, it's mainly mobility issues for me. Even laughing leaves me gasping for breath these days, my asthma is no longer being well controlled with medication and the GP is referring me to the hospital (although this has developed since completing my form).
I am stunned that considering i am worse now than when i first applied i have been refused.
Feel really quite upset.

NickyBat

Looking at the links you have all provided i am beginning to think that i have been very naive (or stupid) with my submission.
I just completed the form the same as i did 3 years ago, nothing extra provided as i didn't realise i should (as i didn't before).
I think it is time for a trip to the asthma nurse and GP and get the results of my previous tests in writing.
Thank you all who have replied.

SandraScarlett

NickyBat wrote: »

Looking at the links you have all provided i am beginning to think that i have been very naive (or stupid) with my submission.
I just completed the form the same as i did 3 years ago, nothing extra provided as i didn't realise i should (as i didn't before).
I think it is time for a trip to the asthma nurse and GP and get the results of my previous tests in writing.
Thank you all who have replied.

Don't blame yourself, you need to dot every "i" and cross every "t" nowadays. You really have to write nearly as much as War & Peace, because even if you repeat yourself, it's better than insufficient info.

xx

atrixblue.-MFR-.

its about having the evidence and using key phrases in the forms.

MAY MIGHT COULD should never be used in a DLA form at all, because the refrence to what ifs!

its all about filtering those words and using definitive phrases such as i AM at harm I HAVE attempting suicide i HAVE been unsuccessfull in the attempts.

NickyBat

Thank you all for taking the time to reply. I had a very sleepless night last night worrying about all this - which hasn't helped my asthma at all i feel as though i have my inhalers permanently in my mouth today and have certainly felt more tight chested.
Reading the letter again, i think my first port of call has to be a call to the dla unit in the morning as it says i can ask for further explanations which i do need as i cannot understand how they have arrived at this decision as i thought i made it clear that any moving around and i am wheezy and breathless - but obviously not clear enough.

The thought of going to appeal and possible a tribunal just fills me with absolute dread.