DLA and medical evidence - appeals

Chrysalis

Hi I would like advice of anyone who has been in a situation like this as a claimant or witness or someone representing a claimant.

I did a claim of DLA and filled in form without help which I now know wasnt a good idea I should have asked for advice first but this is done, I made the mistake of assuming the decision maker would contact my specialist and gp or at least one of them I was also expecting to have a medical.

I was rang up and asked a few questions and then about a week later claim was turned down. They say they used the information I put on the form which if they did do I would have got awarded the benefit so I guess that translates to they either think I am lying or dont understand my own condition, when I got a verbal explanation I was told it was the decision makers personal opinion against mine. They had used no medical evidence to support their decision.

When I talked to my GP she said there is no problem confirming my condition and supporting my claim in a letter, I described precisely the grounds I am claiming under and asked her if she agrees with what I was doing and she said yes but she refused to give me a letter there and then instead saying they the dwp have to ask for it and pay for it. I rang the dwp back who said thats true but they can choose to simply not ask for a letter and decide on people well beens, so in summary someone without medical knowledge can decide to award benefit or not without supporting evidence. It is now at the appeal stage as on the reconsideration surprise surprise there was no asking the gp for a letter the 2nd decision maker just backed the 1st one up. Now on the appeal I have to supply the letter myself and of course get it myself so I can use as evidence, I incidently get incapacity benefit on the same grounds but ironically the report for my incapacity is not admissable as evidence. Yes this is the fair system we have ladies and gentlemen.

So I have got some legal advice from the kind people at cls direct and am hopefully going to have someone representing me and they have told me my gp can give me the letter but they will need paying for it so thats some relief and I can even ask for it over the phone to be delivered as believe me when I say my last visit to the GP will be the last one for a while breaking the pain barrier in a big way.

I appreciate I am already on the way to getting some help but just want anyones thoughts who have had same sort of problems and what they may offer as advice from experience. Ironically one reason for me claiming this is I want to remove my reliance on incapacity benefit and it will help me try things like working from home data entry etc. as its unaffected by employment.

Thanks

wolfehouse

lots of people get turned down at first and win on appeal- especially if they show up in person. it would be backdated to when you first applied.

it's always good to get help with forms and representing you. people who deal with this everyday see what has been successful and what not and know what is being looked for.

bring as much evidence as you can- so if for instance you are seeing a physio, ask for them to write a letter too (you can give that to your lawyer or representative who should bring it for you)

Chrysalis

I got the appeal form and the pack showing how they came to their decision good timing a few days before I am seeing someone about it so can show them I can confirm they based their decision on their interprentation of what I put on the app form and nothing else quite shocking really. Also I wasnt even reffered to an EMP.

Morglin

Your GP had to fill out part of the claim form before it went off to them, so they must have also based their decision on what s/he put on the form.

Lin

Chrysalis

Hi Lin, my GP didnt have to fill out anything there is no part of the form which the GP has to fill in (I have copy of form here). I have a copy of their evidence now and it has no reference to evidence obtained from GP or other 3rd parties their decision is solely based on my form and nothing else.

Chrysalis

I have someone representing me now and they have read through the documents sent to me including my original claim form which a copy was sent to me.

I have a strong case mainly because they have said that they have turned me down on the evidence of my claim form and nothing else, however what I put on the claim form would make me qualify so in his words they are basically saying I am a liar as I said in my other post they have not gone to my gp and my gp has not sent anything to them but my gp contact details were on the form and I gave them permission to contact my gp which they chose not to do. He is going to contact my gp on my behalf and get my evidence for me. If anything else happens I may update here so others in same situation have an idea what route I am taking and what happens.

Liltinymiss

Hi everyone. I am going through the same thing. I was awarded DLA in 2008 and I was being reviewed in June 2010. I completed my renewal pack in Feb 10 and was turned down twice and now having to appeal. I have worsened over the past 2 years which has led me to being on crutches and recently seen me now in a wheelchair for long distant walking. I suffer with major problems with my lower back and pelvis, I have all the MRI scans and supporting evidence to suggest that I should be entitled to DLA. I requested to have a medical which my local MP had to write to the DWP to get them to let me have one and even that was a waste of time, as the medical was a shambles form the moment I walked in the door until the moment I walked out. I have come to the conclusion that if the DWP have made a decision regards to the disability if they dont want you to have it they will make it as much of a rough ride as possible to hope that you will not go any further and just say forget it. But knowing that I have all the supporting evidence to suggest that not only should I be classed as disabled as I am virtually unable to walk but I should be entitled to claim DLA I am having to fight further by going to appeals and quite possibly to tribunal just to show them that I have a problem and all the information I had given them 6 months ago is all true. I do believe appearing at your tribunal is supposed to help by up to 66.9% in your favour, and I would suggest to everyone, get a factual letter from your GP as this will help towards your case, especially if you seen them regular. It would be nice to hear from people that have had to go to tribunal and won or not won, Im hoping more for the winning than not though lol. Good luck to everyone who is going to tribunal, once I have had mine I will let you all know how I got on.