DLA Refused....help!

DownButNotOut_2

I called my local Dial UK this morning but unfortunately, I'm just out of the area so they couldn't offer me any advice. They've given me a number for 'Disability Link' though so I'm awaiting a callback from them....fingers crossed!

DownButNotOut_2

Update: Disability Link called me back and told me they don't represent people unless they filled in the original claim forms on behalf of the client. The other advice she gave me I already knew so it looks like I'm on my own on this one.

springs65

Sorry you didn't get any help from DIAL but anything is worth a try eh

DownButNotOut_2

springs65 wrote: »

Sorry you didn't get any help from DIAL but anything is worth a try eh

Yep, it certainly is!

I've since contacted a different CAB which is about 10 miles away from me and they have a welfare rights adviser. I've been told I have to see a general adviser first then they'll refer me on to the Welfare Rights adviser. So maybe they'll be able to help me get together a good case.
I'm going to leave it til Friday to go as I'm struggling at the moment with all the stress, having to go out to see people, make a gazillion phone calls to try and get someone to help me...but I'm hoping it will all be worth it in the end.

Docs update: Went this afternoon and although she was very sympathetic and quite shocked at the fact my DLA had been stopped, she said there was nothing she could do. She's made a note on my file that I've been to see her and explained more fully my condition and the problems I have so at least it will be recorded if the DWP contact her again. She said she was unable to write anything more down as I was a relatively new patient to her and she didn't know how my illness affected me, which is fair enough as it's true.
In a way I'm kind of glad as at least it backs up my case about the GP not knowing me very well, as she admits it herself.

The only other thing is she's referred me to a pain clinic which is very good news as my current pain relief really isn't effective and I can still feel the pain through the pills. So maybe if I get to see them before the tribunal, I'll be able to state that I'm seeing them too. Either way, at least the pain will lessen with a bit of luck!

Chrysalis

glossgal wrote: »

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.

I dont agree as it means I have less entitlement then someone with a supportive GP for example.

The help should be there without prejudice only test been a means test.

Having a GP who wont do a refferal and has no diagnosis means getting screwed over 3 ways now.

Turned down for benefits, as lack of diagnosis supported by medical evidence.
Turned down for legal aid.
and of course losing health care as a result of no diagnosis/refferal.

glossgal

I can understand where you're coming from and I'd probably be cheesed off myself. The harsh truth is this is the same in any field where cases are involved-for example you could get mugged tomorrow and the crown prosecution service would consider if the case has enough merit to take to court. If there isn't the case would be dropped-this wouldn't mean you havent been mugged or that it's not unfiar, but where resourses and time are involved these decisions can be made. No service would take on a case with little 'merit', legal aid or not. TBH I don't know any job where you would be encouraged to do work that is likely to have no benefit.

Also, Im sure welfare advisor wouldn't have said you can't take it to appeal, don't forget this process is supposed to a laymans one and its not that you HAVE to have a representative. At the very least you should have been offered some guidance as to how to proceeed on your own successfully.

DownButNotOut_2

I had a phonecall from the CAB this morning (the one that's not in my town) and they've told me to come in tomorrow to get my appeal form written out and sent off. The lady was really helpful and said they'd refer me to their Welfare Rights Adviser after the GL24 form was sent off so that she could help me with my case for appeal. She also said she'd write to the GP and ask her specific questions about my illness to include as extra evidence, so at last it looks like I'm getting somewhere. I was so worried about doing it on my own but it just goes to show, if you're persistant then someone will help you in the end!

glossgal

Good news

Chrysalis

glossgal wrote: »

I can understand where you're coming from and I'd probably be cheesed off myself. The harsh truth is this is the same in any field where cases are involved-for example you could get mugged tomorrow and the crown prosecution service would consider if the case has enough merit to take to court. If there isn't the case would be dropped-this wouldn't mean you havent been mugged or that it's not unfiar, but where resourses and time are involved these decisions can be made. No service would take on a case with little 'merit', legal aid or not. TBH I don't know any job where you would be encouraged to do work that is likely to have no benefit.

Also, Im sure welfare advisor wouldn't have said you can't take it to appeal, don't forget this process is supposed to a laymans one and its not that you HAVE to have a representative. At the very least you should have been offered some guidance as to how to proceeed on your own successfully.

At the point where they decided to no longer represent me I was even refused advice. The likes of CLS direct could do nothing for me.

DownButNotOut_2

UPDATE: I went to see the Welfare Rights Adviser and she told me to send in a letter for reconsideration of my DLA which I sent last Thursday.
It will be 10-12 weeks before I hear anything but I'm not sure it will be good news as the WRA wasn't too hopeful. She said that even though I'd been on it for 7 years prior and it was a renewal, they take it as a fresh claim and don't take into account what has happened previously.
It's so frustrating sitting here in limbo and not knowing if I'm going to have enough money to live on or not come May! All I can do is keep my fingers crossed now.