DLA Refused....help!

DownButNotOut_2

Hi all, I'm new here and wondered if anyone could help me with my DLA refusal.

I've been receiving DLA for 7 years due to my illness which leaves me completely debilitated and unable to walk some times. Other times I'm able to move around but not without chronic pain and I need someone to hold on to to help me walk.

The last 2 years I've been getting higher rate mobility and middle rate care which was up for renewal last month. They asked for a GP report and on receipt of it, they've said I'm not entitled to anything!

I'm so confused as they haven't even asked me to go and see one of their medical doctors, which they did back in 2006. I also get Incapacity Benefit and that was renewed last year after I went to see one of their appointed doctors, who told me to just go after 3 mins with him as he could see I was in chronic pain and didn't want to cause me any further pain by staying there for any length of time.

I'm going to my local CAB on friday to see if they can help with an appeal or reconsideration. It's such a shock as my condition hasn't changed in the last 2 years so I'd expected (wrongly I guess) for it to all be fine.

There are 2 factors which I think may have changed their minds:
1. My GP doesn't know me very well as I only moved to the area less than a year ago and she only sees me when I need more pills for pain relief. So perhaps the report wasn't very favourable. I'm getting a copy of it later today.
2. Previously, I'd completed the forms based on my worst day. This time, however, I put things like 'for 80% of the time I'm housebound and unable to walk. For the other 20% of the time, I can move around but not without chronic pain and I need someone to help me.' Do you think this has affected my claim? Perhaps they think if I have 'good days' I'm not a worthy case, even though I stated that for 80% of the time, it's a bad day and I'm unable to do anything.

It's completely bewildering and I'm really distraught. I thought they would have asked me to see one of their doctors if they were questioning the claim, or reduced my amount if they thought it was too high, not just cut it off completely. It doesn't make much sense to me as my condition is exactly the same as it was 2 years ago.

Would it be helpful to try and get a copy of the medical report I had for the IB last year and submit that as extra evidence? I don't even know if that's possible....just grasping at straws.

Any help or advice anyone has would be really appreciated as I'm in panic mode at the moment and it's the last thing I need for my illness (stress makes it far worse).

p.s sorry my first post is so long!

Gold_Man

DownButNotOut,

I am in a similar position. My DLA refused even though I pass the same criteria as last time.

I have found Welfare Rights to be more useful than CAB in these cases, although these services do differ by area.

I saw a Welfare Rights Advisor which, at least, took me out of "panic mode". It's amazing what a difference it can make when you know where you stand. I'm still a bit shaky as I may have to make some changes in what I'm spending and the cost of services I'm using (gas, electricity, blah, blah). But I'm gong through the DLA appeals procedure. It can take months, but they DO back date your claim if you pass.

OK, hope that's helpful.

Gold_Man

DownButNotOut_2

Hi Gold Man

Thanks for your reply and good luck with your appeal.

You mention a Welfare Rights advisor. I've looked on my local council site (Lincolnshire) but they only refer to welfare advisors to get back to work (which I'm unable to do). Do you know where I could find out about a WR advisor in my area?

Many thanks

Penelope_Penguin

DownButNotOut wrote: »

Hi Gold Man

Thanks for your reply and good luck with your appeal.

You mention a Welfare Rights advisor. I've looked on my local council site (Lincolnshire) but they only refer to welfare advisors to get back to work (which I'm unable to do). Do you know where I could find out about a WR advisor in my area?

Many thanks

If you're lucky, your local CAB may have a welfare rights adviser. One of my colleagues at works in Money advice, but has a lot of experience in welfare rights. You might get lucky at CAB.

You're quite right to appeal - DLA (and attendance allowance) have the highest rate of being overturned.

When I assist people filling in the forms, I ask them to think about the days when they're at their worst. This also is true for appeals. The form is very demoralising as it concentrates on what you CAN'T do rather than what you CAN.

Good luck.

DownButNotOut_2

Penelope Penguin, thanks for that. I'll stick with the CAB for now then and see what they can offer.

You're right, the form is VERY demorilising and takes an age to complete. It's not nice to see in black and white how rubbish you are and what your body can't do!

I think I may have made a mistake including things like 'I can do some things 20% of the time with help'. I was just trying to be honest though. The reality is that most of the time I'm lying down, unable to move. I thought I'd made that clear, but perhaps not!

Thanks again for the help

springs65

Hi Downbutnotout
I had the same problem as you, recently moved to Norfolk and GP did not know me only for pain relief. I didn't go to my GP and tell him I can't do this or that, I was only interested in being pain free!!
You need to get a copy of his report to DLA and this will explain why you didn't get it, mine wasn't very helpful only that I had pain on walking!! I have OA in most joints and Fibromyalgia and everyday is a struggle. I went to Disability Norfolk for help, took it to a tribunal and got low rate care, was dissapointed I didn't get anything for mobility but at least I got something.
Hope this helps.

alwaysonthego_2

I work for the cab and have helped client fill out forms. You only have 28 days to appeal. The cab are experience in this matter. As Penelope says you should only include bad days

Gold_Man

DownButNotOut wrote: »

Hi Gold Man

Thanks for your reply and good luck with your appeal.

You mention a Welfare Rights advisor. I've looked on my local council site (Lincolnshire) but they only refer to welfare advisors to get back to work (which I'm unable to do). Do you know where I could find out about a WR advisor in my area?

Many thanks

Thanks.

My Welfare Rights Service, in Lancashire, although it is listed in the Phone book on the page of Council numbers, is an independent organisation.

Here is a list of Welfare Rights Service contacts in my area to give you an idea. There should be something near you

Gold_Man

DownButNotOut_2

Hi there, thanks all for your replies.

I received a copy of my GP report which was sent to DLA and although she has said I'm ill and suffer with an ongoing illness and have constant pain with varying severity, she has said that she has not witnessed me being unable to walk or unable to get out of a chair. This isn't true as I always have difficulties with these things and struggle to sit down and get up - which she obviously hasn't noticed when I've been to get my pills.
I think this report is the main reason why I've had the claim refused as she was asked to include any medical history which is relevant (of which there is 7 years worth) but she hasn't included any of it!
I had thought this would happen as she doesn't know me apart from to give me pain relief. She doesn't see the state I'm in at home or how much care I need.
Hopefully, I'll be able to get the CAB to put up a good case for me and make them see that I have more needs than the doctor has stated.

Penny-Pincher!!

DownButNotOut wrote: »

Hi there, thanks all for your replies.

I received a copy of my GP report which was sent to DLA and although she has said I'm ill and suffer with an ongoing illness and have constant pain with varying severity, she has said that she has not witnessed me being unable to walk or unable to get out of a chair. This isn't true as I always have difficulties with these things and struggle to sit down and get up - which she obviously hasn't noticed when I've been to get my pills.
I think this report is the main reason why I've had the claim refused as she was asked to include any medical history which is relevant (of which there is 7 years worth) but she hasn't included any of it!
I had thought this would happen as she doesn't know me apart from to give me pain relief. She doesn't see the state I'm in at home or how much care I need.
Hopefully, I'll be able to get the CAB to put up a good case for me and make them see that I have more needs than the doctor has stated.

Do you have a consultant or OT etc that could write you a supporting letter? Would the Incapacity doctor send you a copy of their report to put in as proof ....I would also make an immediate appontment to visit your GP and explain in depth how your illness effects you. Are there not notes from your previous GP to back you up?

HTH

PP
xx

DownButNotOut_2

Hi Penny Pincher, I had a consultant 18 months ago but after trialling me on some injections (which didn't work) he said there wasn't anything else I could be given, it was just a case of management rather than treatment.

I think I might investigate getting a copy of the IB doctor's report as it would be pretty helpful to have one doctor on my side at least I think!

The notes on my GP's file should have been enought to back up what I have said on the DLA form, however she failed to include any of it!

I might see if I can get my notes from 2001 to the present day - is that possible or are doctors notes kept private does anyone know??