DESPERATE HELP NEEDED: DLA appeal

carla118

I have just received a letter from the “DWP” stating that they have prepared the appeal submission and that this has been sent to the “Tribunals Service Office”. Upon receiving the “Secretary of State’s Submission, it does not appear to be in my favour.

I have applied for DLA as I have high blood pressure and become breathless, which includes palpitations, fast heart rate, etc etc, I am also claiming because I have neck, back and shoulder problems, all of which effect my mobility.

In Section 5 – facts of the case: My GP simply wrote that I have hypertension, backache and breathlessness, despite the fact that I received painkillers and physiotherapy.

In section 6 of the submission, Issues raised by the appeal a respiratory consultant wrote in her report that she does not feel that I need DLA. This consultant also wrote that I am able to self care and that I did not mention or appear to have a bad back when I attended her appointment. I have seen this consultant once, for a very brief period of time and feel that no one in such a short time span, and/or without seeing the difficulties that I face everyday, can fairly judge my eligibility to this benefit and without in depth knowledge of the benefit system itself. This consultant is a respiratory consultant and is not a physiotherapist and therefore I do not feel that she is experienced or qualified to express such opinions. I have not at any point discussed my neck, back and shoulder problems or my care needs, with this consultant as it is not her area of expertise and is not for the reasons I attended the appointment. I also find the consultants comments that there is no evidence of back pain, inappropriate and unprofessional. My conditions vary and I do feel discomfort. I am perscribed pain killers and can not be expected to cry and/or scream out in pain constantly. With both my GP and my respiratory consultant they have only seen me in either the hospital or my GP’s surgery and neither of them have ever seen me in my everyday life or witnessed the difficulties that I face every day or the help that I require.

The “Secretary of State’s Submission, also appears to be completely dismissive of my neck, back and shoulder problems and have not mentioned or included any of this information in the submission, nor have the DWP made any attempt at requesting a report from my physiotherapist.

Is it legitimate for a consultant to give the above opinions to whether someone needs DLA and is able to self care etc?

I have opted to have an oral hearing but have been asked if I have a representative. I really think I need help in fighting this appeal and think that I really do need a representative at the hearing. Are there any organisations that can help me or supply a representative free of charge?

Thanks in advance

healy

I dont know if you have checked but your query has been answered on the other website that you posted it on.

wazock

Try the citizens advice bureau

Gillianh2

You now need to gather evidence of how your condition affects you. A letter from your Physiotherarpist about how your back neck and shoulder pain affects you. You will need to make an appt at the local CAB centre for advice on who to contact about getting reprsentation at your appeal hearing.Some CABS have funding for this others dont. You should also make an appt with your GP and see if he/she will agree to making a more supportive letter with regards to your illness.Sometimes mistakes happen with these forms i.e if your own GP doesnt complete the form but another dr from the practice who does not know you or how your condition affects you on a day to day basis.