Refused DLA entirely

Poppie68

willber wrote: »

What you need is to get Social Services to do an assessment. It's free of charge and they have to do it when asked.

Even if they don't come up with anything they can get you the help to fight them. I've found that Social Services count for a lot when putting in a DLA claim. My wife had them then they got the welfare people on the case (only for Social Services clients) and the Occ Therapist woman got a form from the DLA and she rung up my wife and between them the report was completed over the phone.

They are worth their weigt in gold, I'm going for DLA aswell now that my wife has got hers. Not really interested in the care side3, but a mobility car would be a godsend.

Op take no notice of this post....you DON'T have to have to be involved with social services to request help from the LA welfare service... This joker wants a mobility car because nearly everyone on his estate has one!!!

LadyMorticia

I think sometimes it depends on how much information is supplied with the form, as well as how well the form is filled out i.e. don't just state that you can't do something. State why and what would happen if you did etc. Normally with my DLA, they will request a report from my GP but with this renewal, I asked the GP to write a letter for me and I gave copies of a load of other letters. This time my award was based on the form and all the information I had supplied with it.

I don't agree that most people get turned down first time but that's because I never have been turned down for DLA so my experience is the opposite.

I do recommend appealing (I think a reconsideration is done as part of the appeal process. Can anyone please confirm?) and then if still turned down, fill in a new form but get either SS, Welfare Rights or CAB to help.

Do not fill in the form as if it's one of your worst days (which is what alot of people tell claimants to do) as this does not give a good overview of your problems and care needs.

SandraScarlett

OP, the same thing happened to my friend, she was on HRC and LRM. She "followed the rules" and informed them when her mobility worsened.

An ATOS doctor was sent, and thereafter, all her DLA (about £100 per week) was removed. I was there when the doctor visited, and Marion was adamant in the things she couldn't do, like cooking or preparing a meal, her toilet hygiene needs, but had a similar letter.

I did all the correspondence for her, and she appealed, and it was looked at again, and rejected again. Then, she had a letter that it would go to a Tribunal, she told me she hadn't the heart to pursue it any more, then received a phone call from DWP.

They had looked at the case yet again, and agreed there were numerous contradictions, so they are arranging another ATOS visit. But for all she knows, she still may not be awarded anything.

I think that if you have the strength to keep going and argue each point, both in a letter and on the phone, you may finally get an award, or have your DLA reinstated.

But David and Goliath certainly spring to mind!

xx

zaksmum

SandraScarlett wrote: »

OP, the same thing happened to my friend, she was on HRC and LRM. She "followed the rules" and informed them when her mobility worsened.

An ATOS doctor was sent, and thereafter, all her DLA (about £100 per week) was removed. I was there when the doctor visited, and Marion was adamant in the things she couldn't do, like cooking or preparing a meal, her toilet hygiene needs, but had a similar letter.

I did all the correspondence for her, and she appealed, and it was looked at again, and rejected again. Then, she had a letter that it would go to a Tribunal, she told me she hadn't the heart to pursue it any more, then received a phone call from DWP.

They had looked at the case yet again, and agreed there were numerous contradictions, so they are arranging another ATOS visit. But for all she knows, she still may not be awarded anything.

I think that if you have the strength to keep going and argue each point, both in a letter and on the phone, you may finally get an award, or have your DLA reinstated.

But David and Goliath certainly spring to mind!

xx

I remember your thread about this Sandra.

A friend had a similar experience. She has serious health problems including paralysis of one limb and was on DLA.

When she was reassessed she was told she did not qualify for DLA and had it stopped. An appeal also failed and she quit at that stage rather than face the stress of a Tribunal.

Pollycat

It sounds exactly the same as the response we got for my Mum's application for AA.
DWP just made statements about what she could do with no evidence to back them up.

Before rejecting the application, DWP had asked for a GP report which, when we got hold of a copy, was a nonsense. We weren't even sure if the GP was even talking about the right patient!

In the appeal letter, I detailed where he'd not answered questions accurately or completely and where he'd made mistakes.

We also adressed each point separately, starting by saying this:
"All the evidence of Mum’s core needs was explained in the claim form."

Where we had provided details of her core needs in the original application, I stated this and said something like:

• "eat and drink

As explained at Q30, Mum has difficulty in using kettles,saucepans and tin opener as well as opening packets. Therefore she is unable toget herself a reasonable meal ready. We were particularly worried about hergetting hot food during cold weather. To ensure Mum eats good, nutritional foodmy sister visits three times a day.

• manage treatment and medication.

At Q31 the claim form clearly stated that Mum sometimes forgetsto take her medication.

A lot of the drugs she takes are life critical and she takesthem at varying times of day: morning, lunchtime, after dinner, before bed."

Our appeal covered 5 pages of A4 and concluded with
"For the reasons above, we disagree with the decision notice.

We request that the decision be reconsidered as evidence ofrequiring assistance with care needs and personal care at least several timeseach day has been provided."

We did go to the CAB before appealing who said we had completed the original claim in very, very great detail and she was surprised that the claim had been rejected - but added that claiming seemed to be getting harder.

Mum's was awarded the lower rate AA.

Hope you get it sorted.

clemmatis

SandraScarlett wrote: »

They had looked at the case yet again, and agreed there were numerous contradictions, so they are arranging another ATOS visit. But for all she knows, she still may not be awarded anything.

I think that if you have the strength to keep going and argue each point, both in a letter and on the phone, you may finally get an award, or have your DLA reinstated.

But David and Goliath certainly spring to mind!

xx

I remember your post about this, and I wondered what had happened. I'm glad they've looked at the case again, and I hope she gets her DLA back, at least.

And yes, it certainly can be David and Goliath.

OP, I hope your friend's claim gets sorted out. (Ignore willber.)

SandraScarlett

zaksmum wrote: »

I remember your thread about this Sandra.

A friend had a similar experience. She has serious health problems including paralysis of one limb and was on DLA.

When she was reassessed she was told she did not qualify for DLA and had it stopped. An appeal also failed and she quit at that stage rather than face the stress of a Tribunal.

And I think the DWP know this. Even the completion of the form, in detail, is stressful, and as Pollycat posted, with regards to her Mum's AA, things are still dismissed out of hand, and this is what claimants find frustrating.

I've told my friend that I'll attend her next medical, and that after she has answered each question that addresses a part of her care needs, I will say something like "please forgive me, Doctor, but may I reiterate that she needs all her food preparation/cooking/dressing/wiping her backside carried out for her as she is unable to do it".

But I know my friend, who is nearly 65, has said that if the DLA isn't reinstated, she won't go to Tribunal, nor will she apply for AA, as she's so worn out by it all.

I know how she feels, cos I'm worn out, and I'm only the one who has composed the letters and supported her! It's so unfair for those folk who deserve the money.

xx

SandraScarlett

clemmatis wrote: »

I remember your post about this, and I wondered what had happened. I'm glad they've looked at the case again, and I hope she gets her DLA back, at least.

And yes, it certainly can be David and Goliath.

OP, I hope your friend's claim gets sorted out. (Ignore willber.)

Amazingly, this saga has been going on for over 3 months now! When my friend first phoned the DWP, the day after she received The Letter, she was asked:

Would you like your claim looked at again, or to go to Appeal?

It waas explained that they could "look at it again" straight away, but if it "went to Appeal" that would take some time, so naturally my friend opted for the first offer.

I've never told her, but about a week later I read on the Disability and Dosh Board that if your claim goes to Appeal, you'll still receive your DLA (if you were already in receipt of this), until the Appeal is over.

I don't know if that's right, but if it had been, she'd still be receiving DLA. If it gets reinstated, after this second visit, and she gets her DLA back-dated, I'll tell her then!

xx

zudecke

Such great replies everyone, thank you so much!

We have requested a copy of the originally sent form so that we can show CAB and hopefully get some help from them.

As I mentioned, I filled out the form with him and ensured the we provided examples where applicable of how difficult particular activities are. We had to do it handwritten because there online form wasn't working on ANY browser (typical!) so it to a week to complete!

We provided letter dating back from 2005 from physios, independent consultants, GPs, neurologists, oesteopaths etc etc. We had copies of MRI scans, post-surgery reports, a letter dated only a week before we submitted the forms from his GP.. All in all, about 20 or so letters all agreeing he has a chronic condition which will and is causing severe pain.

So I can't understand how he was rejected on EVERY point. We answered honestly and gave reasoning/examples.

I guess all we can do is appeal it, with the help of CAB. It's just that he can't get there without me and I work Mon-Fri .

In any case, I'll keep the forum updated.

Thanks SO much again everyone!

PS: BTW, what is "AA" that a couple of you referred to?

SandraScarlett

zudecke wrote: »

Such great replies everyone, thank you so much!

We have requested a copy of the originally sent form so that we can show CAB and hopefully get some help from them.

As I mentioned, I filled out the form with him and ensured the we provided examples where applicable of how difficult particular activities are. We had to do it handwritten because there online form wasn't working on ANY browser (typical!) so it to a week to complete!

We provided letter dating back from 2005 from physios, independent consultants, GPs, neurologists, oesteopaths etc etc. We had copies of MRI scans, post-surgery reports, a letter dated only a week before we submitted the forms from his GP.. All in all, about 20 or so letters all agreeing he has a chronic condition which will and is causing severe pain.

So I can't understand how he was rejected on EVERY point. We answered honestly and gave reasoning/examples.

I guess all we can do is appeal it, with the help of CAB. It's just that he can't get there without me and I work Mon-Fri .

In any case, I'll keep the forum updated.

Thanks SO much again everyone!

PS: BTW, what is "AA" that a couple of you referred to?

AA is Attendance Allowance, which may be awarded to those over 65 who meet the criteria. To receive DLA, you have to be awarded this before your 65th birthday, though it may continue ad infinitum.

AA is awarded at 2 levels of care, whereas DLA has 3 stages. But AA doesn't have an additional mobility component, whereas DLA has lower and higher rate.

I was very confused when I first read all these benefit abbreviations, everything seems to be ABC or XYZ! I hope your friend is fortunate and wish you well.

xx