DLA my daughter has been turned down again

We just been turned down again for DLA for my 16 yr old daughter. She suffers from CMT, walks with a limp, has some discomfort walking more than 10 minutes, she walks very slow, and her balance is very poor, and she suffers from the cold even in Summer. She also has trouble swallowing and takes her well over an hour to eat a meal, she frequently sick too

We applied early last year and besides jumping various hoops (DLA is not easy to get believe me) and having a doctor employed by social security to examine her, she said we wont get it but recognized her health problems

She had a operation on her hip as the hip was coming out of her joint in Sep 06 and came out a week later she still have mobility problems. Despite correcting the hip which resulted in one leg longer than other, it is still the same.

How the hell can these people who make these decisions not recognize her mobility problems? She cant walk far, I have to take her in a car every where, she has a blue badge, she had free transport to school up until Jun 07 when they broke up, school is less than 15-20 minutes away. I also live on a hill which would make it much harder, I get knackered walking up it myself let alone walking with a limp.

She is having transport arranged for college in Sep subject to exam results which will costs us £300 per annum which is subsided by county council, so they recognize her problems if nothing else

I note from the dla letter it states in one bit

"you are virtually unable to walk considering the distance, speed, manner and time you are able to walk without severe discomfort"

any help. I am am appealing and have had help with forms when we both went to local disability action group.

Thanks
«1

Comments

  • lauren_1
    lauren_1 Posts: 2,067 Forumite
    I've been Money Tipped!
    Keep reappleaing, never let a claim close. just keep appealing and appealing then once they finally recognise your daughters condition they will backdate your money. Even if you have to appeal 8 times just keep going.
  • wbk666
    wbk666 Posts: 96 Forumite
    yep, re-appeal and no matter how and your daughter is make out its even worse, seriously lay it on good and thick.
    walk no further than 20 metres without EXTREME discomfort etc
    Also what has your GP said? has he/she assessed your daughter too?
    you should be able to get the travel component but not sure about the care part.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Sorry to hear about your situation Poppycat.

    Just wanted to wish you the best of luck in getting it sorted out x
    Gone ... or have I?
  • Morglin
    Morglin Posts: 15,922 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    wbk666 wrote: »
    yep, re-appeal and no matter how and your daughter is make out its even worse, seriously lay it on good and thick.
    walk no further than 20 metres without EXTREME discomfort etc
    Also what has your GP said? has he/she assessed your daughter too?
    you should be able to get the travel component but not sure about the care part.

    You cannot keep re-appealing the same claim, you have to make new claim if an appeal fails unless there is an error in the law.It is wrong to advise people to "make out its even worse" as this would be lying and fraudulent and you could get into serious trouble if you did this.
  • teeni
    teeni Posts: 1,193 Forumite
    make sure that you have an oral appeal I know it can be frightening but then the panel will see your daughter for themselves.. Many more appeals held this way are succesful than if you accept a paper based appeal... You do not need a solicitor but the disbility rights group should be able to support and attend with you.

    Good luck
  • Hapless_2
    Hapless_2 Posts: 2,619 Forumite
    a doctor employed by social security to examine her, she said we wont get it but recognized her health problems
    They are not allowed to say this as they are not the decision maker. I would conmplain about the Dr.
    If you have put in another claim there is no need to "lay it on" just make sure you write the claim as the worst days she has and explain in another Dr comes out that that particular day is good or bad...(never average).
    Get your GP and any OT, tutor, basically anyone who knows the problems she has to write in support. I have had 8 people each write a statement before now and sent it in.
    The "Bloodlust" Clique - Morally equal to all. Member 10
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  • Poppycat
    Poppycat Posts: 19,913 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Thanks for help just to clarify things

    This is a new claim I put in last month I didn't appeal last time because I couldn't deal with the aggravation and as my daughter was having a OP some months later I thought her walking may improve, sadly its just as bad and she now has a crutch.

    I didnt apply until now because I moved house and had a lot on and also that I find it hard sometimes dealing with this and my daughter is very sensitive and she even was upset when we had help from a local disability group to get the form filled in right.

    I did send in medical evidence before from GP and consultant from local hospital. We only went the other week back to hospital to see how she was, the doctor made a comment when she asked her to stand up straight that she still has poor balance.
  • Kimitatsu
    Kimitatsu Posts: 3,889 Forumite
    1,000 Posts Combo Breaker
    Hi Poppy

    Go to your local CAB and ask to see your welfare benefits advisor. They will help you to appeal and if that fails will help you take it to a tribunal if neccessary.

    As this is for your daughter it may well be that it falls under the legal aid remit so may cost you nothing.

    DLA is hard to get but with the right help you CAN do it. We were having this conversation last week that DLA appeals are set to fail by the way they are conducted unless you know what to say and do so dont give in.

    HTH
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  • Chrysalis
    Chrysalis Posts: 4,637 Forumite
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    Poppycat wrote: »
    We just been turned down again for DLA for my 16 yr old daughter. She suffers from CMT, walks with a limp, has some discomfort walking more than 10 minutes, she walks very slow, and her balance is very poor, and she suffers from the cold even in Summer. She also has trouble swallowing and takes her well over an hour to eat a meal, she frequently sick too

    We applied early last year and besides jumping various hoops (DLA is not easy to get believe me) and having a doctor employed by social security to examine her, she said we wont get it but recognized her health problems

    She had a operation on her hip as the hip was coming out of her joint in Sep 06 and came out a week later she still have mobility problems. Despite correcting the hip which resulted in one leg longer than other, it is still the same.

    How the hell can these people who make these decisions not recognize her mobility problems? She cant walk far, I have to take her in a car every where, she has a blue badge, she had free transport to school up until Jun 07 when they broke up, school is less than 15-20 minutes away. I also live on a hill which would make it much harder, I get knackered walking up it myself let alone walking with a limp.

    She is having transport arranged for college in Sep subject to exam results which will costs us £300 per annum which is subsided by county council, so they recognize her problems if nothing else

    I note from the dla letter it states in one bit

    "you are virtually unable to walk considering the distance, speed, manner and time you are able to walk without severe discomfort"

    any help. I am am appealing and have had help with forms when we both went to local disability action group.

    Thanks

    DLA seems a joke, I got turned down without even a medical and no external medical evidence was used (they didnt contact my gp or specialist) and their argument is its the decision makers personal opinion I dont qualify. I am currently appealing which unfortenatly is a very long process. If I lose the appeal I will just do a new clai and I will keep doing it until they correctly give me what I am entitled to. Good luck in your claim and I hope you do get it in the end.
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