DLA Refused....help!

glossgal

DownButNotOut wrote: »

I think I'm going to do both to be on the safe side! It can't hurt to have copies of my records showing treatments and effects of my illness (which will be in the notes somewhere). I'll also go through each point stating why I disagree with what has been decided and how I need the help with care and mobility (referring a lot to my original claim). If all goes well on Monday, I will hopefully be able to submit an additional report from my GP which will be more detailed about how I am day to day. If I try and gather as much as I can then at least I'll have too much info instead of too little. That's my thinking anyway.

I agree I need some professional assistance but in my area it seems scarce! I'm desperately looking for someone in my region to speak to....the search continues.

Have you considered a Welfare Benefits solicitor? If you have a low income and minimal savings and you can find one who specialises in this area of law you should get help with an appeal via legal aid (they may not be able to attend a tribunal with you but should help with the 'ground work'). Have a search on www.clsdirect.org.uk/.

Also, I personally would ask for an official 'reconsideration' of their decision before going straight to an appeal-the review will be looked at again if its juicy enough, they don't want the hassle and expense of an appeal anymore than you do! You should do this in writing preferably, ask for a full statement of reasons (the feeble one you have won't be the proper one!), a copy of the claim and ask for time to consider this material. This would give you approx 6 weeks breathing space to gather more evidence and put a case together (the solicitor would do this for you if you can find a suitable one).

lilac_lady

DBNO - Are you able to prepare a meal for yourself and get out of a chair without help? There's been a tightening up of DLA claims so such actions are very important now. I have a friend who works for the DWP and he says that there's a great deal of pressure put on GPs now as it's felt that too many people are claiming DLA for an illness even though they can cope with their lives. I'm not suggesting you are one of them so please don't think that. I think it's a sign that the DWP is clamping down on DLA payments but you'll never prove it.

DownButNotOut_2

springs65 wrote: »

Have a look at this www.dialuk.info see if there is anything near you that would help or you might find other links on there.

Thanks for this, I'll give them a call tomorrow to see if they can point me in the right direction.

DownButNotOut_2

glossgal wrote: »

Have you considered a Welfare Benefits solicitor? If you have a low income and minimal savings and you can find one who specialises in this area of law you should get help with an appeal via legal aid (they may not be able to attend a tribunal with you but should help with the 'ground work'). Have a search on www.clsdirect.org.uk/.

Also, I personally would ask for an official 'reconsideration' of their decision before going straight to an appeal-the review will be looked at again if its juicy enough, they don't want the hassle and expense of an appeal anymore than you do! You should do this in writing preferably, ask for a full statement of reasons (the feeble one you have won't be the proper one!), a copy of the claim and ask for time to consider this material. This would give you approx 6 weeks breathing space to gather more evidence and put a case together (the solicitor would do this for you if you can find a suitable one).

Hi glossgal, although I'm on a low income, it takes into account my partner's earnings so I'm not eligible for legal aid unfortunately.

I thought the letter I had was the 'statement of reasons' so I'll get onto them first thing tomorrow to get the proper one sent to me...thanks for that. I only have until the 11th March currently so they may give me a little more time if they're able to send the proper statement out.

DownButNotOut_2

lilac_lady wrote: »

DBNO - Are you able to prepare a meal for yourself and get out of a chair without help? There's been a tightening up of DLA claims so such actions are very important now. I have a friend who works for the DWP and he says that there's a great deal of pressure put on GPs now as it's felt that too many people are claiming DLA for an illness even though they can cope with their lives. I'm not suggesting you are one of them so please don't think that. I think it's a sign that the DWP is clamping down on DLA payments but you'll never prove it.

Hi lilac lady, on bad days I'm unable to do any of these things and my partner has to resort to picking me up as I'm unable to move at all myself. The rest of the time, I can move around but I'm in constant, chronic pain and it leaves me absolutely exhausted, and I still need help from someone else to steady me and help support me on my feet.

I realise the DWP are clamping down on DLA payments, but it seems a little unfair to target the people who actually need it instead of the ones that don't! (rant over lol). I understand what you're saying though and I think I've just been unlucky this time.

Chrysalis

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.

Similiar situation to myself having a GP who seems to have no problem making assumptions which makes you look healither than you are. What is also similiar is you also got turned down without even having a medical.

I hope you dont get the same experience as me from welfare advisors basically they went to help me initially but the moment I got a non supportive GP letter and the odds looked bad against me they literally refused to help saying was a bad use of legal aid funds. In other words they only help people with easy cases at least in my area.

glossgal

Chrysalis wrote: »

Similiar situation to myself having a GP who seems to have no problem making assumptions which makes you look healither than you are. What is also similiar is you also got turned down without even having a medical.

I hope you dont get the same experience as me from welfare advisors basically they went to help me initially but the moment I got a non supportive GP letter and the odds looked bad against me they literally refused to help saying was a bad use of legal aid funds. In other words they only help people with easy cases at least in my area.

This is unfortunately how some services are funded-it's nothing personal. Advice services are still run like business's and you cant really expect them to put the man hours in (legal aid funders want proof that time and resources are being applied to cases with a reasonable prospect of sucess)for a case that doesnt look good on paper-remember they won't know you from adam so rely heavily on medical evidence to judge this.

coolmumh

Hi

This happened to me a few years back concerning my son who is serverly autistic with behavouiral and learning difficulties........and they said he was only entitled to lower rate of both....His consultant was not happy and told me to appeal, so i did thru a solicitor this time who collated information from everyone she could think off and 3 months later bingo was awared higher of both and ive not had a problem since as he turned 18 last year and they awarded him dla for life now.

My advice would be is to ring round and see if any of your local solicitors deal in appeals against benefits...mine was all done on legal aid and the solicitor was great. If i can be of any more help feel free to PM me.

Good Luck

Hazel

DownButNotOut_2

coolmumh wrote: »

Hi

My advice would be is to ring round and see if any of your local solicitors deal in appeals against benefits...mine was all done on legal aid and the solicitor was great. If i can be of any more help feel free to PM me.

Good Luck

Hazel

Hi Hazel glad to hear you managed to get DLA indefinitely, it must be a weight off your mind.
Unfortunately, I can't get legal aid as it takes into account my partner's earnings. But we don't have enough income to be able to afford a solicitor either so we're in a bit of catch 22 situation.

DownButNotOut_2

Chrysalis wrote: »

Similiar situation to myself having a GP who seems to have no problem making assumptions which makes you look healither than you are. What is also similiar is you also got turned down without even having a medical.

I hope you dont get the same experience as me from welfare advisors basically they went to help me initially but the moment I got a non supportive GP letter and the odds looked bad against me they literally refused to help saying was a bad use of legal aid funds. In other words they only help people with easy cases at least in my area.

Chrysalis, I hope you continue your appeal and are successful in getting some help. I don't have any welfare advisors in my area but I understand it's frustrating not getting the help and advice you need. There was a reply further up on this post from Brian who has directed me to a benefits pack which may benefit you too. It may be worth investigating if you're having to appeal on your own.

Good luck