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Refused DLA entirely

Hi guys,

After an impressive turnaround time of only 1.5 weeks, my friends claim for DLA was rejected completely. He was granted nil for both the care and mobility components.

It's shocking because I know first hand how difficult it is for him to even walk, sit down or even sleep!

The problem I have with their response is the ambiguity of the language. I have attached the two main pages of the response in the hope that we can get some tips on how best to act now.

Page 1:
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Page 2:
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The bits i thought are noteworthy are:

PHYSICAL DIFFICULTIES WALKING:
- "You can walk over 50 mins, slowly, in a reasonable manner" - This is untrue. He is in severe pain walking 1 metre and 50 metres would be unfeasible, if not impossible for him.

PREPARING A COOKED MEAL:
- "You don't need help to use a cooker" - We specifically stated that he cannot nor does he use a cooker. It would be impractical and unsafe for him to do so.
- "Carry and lift safely" - I don't really understand this - He struggles to move at all, let alone lift things - but what kind of things are they referring to?
- "Use kitchen tools" - We stated he can use a microwave, which is the only kitchen tool he can and does use.
- "Motivate yourself" - Again, a strange response. Often he doesn't eat because he cannot get out of bed or lacks the energy to shop for an prepare a meal. Again, we stated this.

DAY ATTENTION - DURING THE DAY:
- Get in and out of bed" - We stated this was an exhausting and difficult process, but can vary depending on how he's feeling on a given day.. Hard to answer because it does vary.
- "Manage your toilet needs" - We specifically stated and provided evidence proving he has incontinence and extremely loose bowels. He cannot control when he goes to the toilet i.e. holding it in for any length of time (longer than a minute).
- "Wash and dry yourself" - Again, this varies, but for the most part it's a painful process, which is often put off.
- "Use a bath or shower" - See above.
- "Get up and down stairs" - No chance. Absolutely impossible for him, trust me, we've tried.

DAY SUPERVISION:
- "You are not at risk of falling" - We again stated that he has had countless incidents in the last few weeks alone where he falls from severe pain, or collapses from exhaustion. Completely disregarded.

NIGHT ATTENTION:
- "Manage your toilet needs" - Already mentioned. Same difficulties day or night.
- "Sleep comfortably" - We again stated that he is sleep deprived (hence the zopiclone prescriptions and all other pain management meds) and finds it impossible to sleep comfortably, if at all 99% of the time. The main issue he has is PAIN. Sleeping isn't easy for him and we also stated the night attacks he gets where his entire body cramps up. Somewhat far from comfortable by ANY measure.
- "Turn over, change position, etc" - Same as above really.


Lastly they concluded that he doesn't "need help from someone for personal care more than once or 20 mins or more, a night". This is partially true, as he doesn't have episodes every night, but he does and we did state that the episodes can happen 4 times and week (even 7) and that I and my Mum have been called to help him on many occasions. Not really sure how to feel about this point.


I'd love to attach copies of the form we initially sent for review on here, but they have it. I will ask for a copy on Monday.

He really is on his last legs and I am very concerned about his well-being and mental state. It seems he is fighting an endless battle just to keep himself alive financially. He's on the ESA Work Related component and struggling to keep afloat financially.

I fear the worst and appreciate any help we can get from these forums.

Thanks in advance,

Z


PS. Apologies for any typos!
«1345

Comments

  • Dogger69
    Dogger69 Posts: 1,183 Forumite
    Can I ask what his condition is? It would help to give context to the above.

    Did you submit medical evidence? Also, when you stated what he could not do, did you explain why he cannot do those things, and what would happen if he tries?

    I know it seems longwinded, but ensuring you give a full account can help.
  • Troutwrestler
    Troutwrestler Posts: 350 Forumite
    I have uncontrolled epilepsy. With no warning of seizures. I had a previous dla award which I put in for renewal this month. They received it on the 10th and made their no award decision on the 15th. I called up as I couldn't believe it with all the evidence I sent in. A DM called me back same day after I asked for a reconsideration and reinstated my award until 2018... Or until PIP I suppose.... However worth appeal.
    The turnaround was so quick I was stunned
    Its all mind over matter. I don't mind and you don't matter:rotfl:
  • Woody76
    Woody76 Posts: 144 Forumite
    I had exactly the same scenario (well different care needs) but got refused dla and the letter I got back stated I could do things I couldn't with no evidence on their part and completely ignored my form and basically called me a liar. I rang up and appealed and sent in an appeal letter with extra evidence from gp, consultant and work. At this point I would have considered tribunal which I wouldn't have considered if I thought their ruling was fair. I received an answer to m appeal after a couple of weeks to state they were awarding me low care which to be fair is all I thought I was entitled to and state this on appeal. I do feel that they seem to refuse a lot on first attempt which may put a lot of people off appealing (just my opinion so please don't jump on his as fact). I would definitely ring up and appeal bu do it in writing as well with evidence if possible.
    Hope that helps

    Woody xx
  • this is the problemsnce you send your forms in to a person who is not medically trained in anyways
    i always recommend demanding a home visit by a gp,, they are reluctant but still do it
    my last claim i clearly stated with proof i couldnt walk 50 metres, yet wen i got my forms bak they said i couldnt have dla becuzse i could walk 50+ mtres..

    total rtetards,
  • OP alot of applications fail so quickly if the forms are badly filled out and dont give enough information,if a reconsideration fails and then an appeal fails i would sugget getting help and applying again
  • ragdoll24
    ragdoll24 Posts: 80 Forumite
    Eighth Anniversary Combo Breaker
    Please go to the CAB and ask them to help you with the appeal. They have vast experience in completing DLA forms and know what to say and are extremely helpful.
  • Dogger69
    Dogger69 Posts: 1,183 Forumite
    this is the problemsnce you send your forms in to a person who is not medically trained in anyways
    i always recommend demanding a home visit by a gp,, they are reluctant but still do it
    my last claim i clearly stated with proof i couldnt walk 50 metres, yet wen i got my forms bak they said i couldnt have dla becuzse i could walk 50+ mtres..

    total rtetards,

    To call someone a retard, when you cannot even spell the word, does seem a tad ironic!
  • nannytone_2
    nannytone_2 Posts: 13,003 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    it's an open forum. just because someone posts on many different threads and has opinions that you dont agree with....
    that doesnt make then a troll
  • enabledebra
    enabledebra Posts: 8,075 Forumite
    This a good resource for understanding how to challenge DLA decisions based on what needs exist http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/law-pages/case-law-summaries/attendance-allowance-and
  • zudecke
    zudecke Posts: 582 Forumite
    woodbine wrote: »
    OP alot of applications fail so quickly if the forms are badly filled out and dont give enough information,if a reconsideration fails and then an appeal fails i would sugget getting help and applying again
    I actually spent a lot of time with him ensuring the answers were accurate, truthful and unambiguous (where possible).
    This a good resource for understanding how to challenge DLA decisions based on what needs exist http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/law-pages/case-law-summaries/attendance-allowance-and
    Thank you! I'll check it out now and get back.
    Dogger69 wrote: »
    Can I ask what his condition is? It would help to give context to the above.

    Did you submit medical evidence? Also, when you stated what he could not do, did you explain why he cannot do those things, and what would happen if he tries?

    I know it seems longwinded, but ensuring you give a full account can help.
    Yes, letters dating back to when his condition for reared its ugly head in 2003.

    He has several prolapsed discs in key areas which are constantly pushing on nerves. He's had 3 ops all of which have failed to remedy the problem. It's only getting worse. Although the constant shooting pain is through his entire body, it strikes worse down his right leg.


    And lastly..

    The seriously annoying this about this was that the online forms were not working in either IE, Chrome or FireFox so we had to do it all by hand. Which now means we have no copy. Are we within our right to request a copy for our reference, if we wanted to go to CAB with it?

    Thanks EVERYONE for responding!
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