dla refused 2nd time - what to do now?

momaluce

Im sure this has been covered in previous threads but thought if i went into detail some of you may be able to help hope i dont ramble (im a newbie so please bear with me!)

My hubbie suffers with herniated discs, nerve damage and degenerative disc condition following an accident at work 2 1/2 years ago he was made redundent in february of this year and has been assessed as 40% disabled by industrial injuries.

He first claimed after we filled in the forms ourselves and was turned down in December of last year. He didnt want to appeal this decision. After some gentle nagging by me the CAB completed the forms with us in February. I know the GP was asked for a report by DLA. We included social services report which states he needs a walking stick, over-bath seat as he cannot get in and out of the bath and can only use the shower. On Sat we received letter to say it had been turned down with reasons that seemed to contradict what was put in claim form (ie you can walk 50m without pain etc)

Im really worried about what exactly we should be doing now esp the timescale involved. Ive phoned the CAB but they only have a answer machine that doesnt receive messages. Do we phone DLA and ask for an appeal and is it best for oral or paper.

Hubbie feels very defeated and any advice would be very much appreciated.

dmg24

Hi momaluce,

Welcome to MSE.

Definitely get in touch with CAB again, as they will be able to help you with your appeal. Some offices have limited hours, so keep trying and hopefully you'll get through soon.

I can't recall the stats, but oral appeals do tend to be more successful than written appeals.

Hope you get something sorted x

momaluce

many thanks for your speedy response - much appreciated!! Everything just seems to be such a struggle with this sort of thing.

healy

As dmg says an oral appeal is much better than a paper hearing. At an oral appeal the success rate is about 50 to 60% whereas if you have a paper hearing and do not attend it is only about 15%. The large difference is due the panel being able to question the appellant about their illness/disability and therefore gain a much clearer picture of how things are for them.

Loopy_Girl

Good old DLA eh? It's a baptism of fire I think!! All I can add is that my Dad had to appeal 3 times to get it - his GP was furious as he had so so many health problems. My Dad was like your hubby - got very despondant after each knockback and needed a gentle push (okay a ruddy great shove!!) to get going again. Funnily enough it was my Dad's oral hearing which finally got him what he was so dearly entitled to. Keep at it - if you are due it then you will get it.
Best wishes to you both x

[Deleted User]

ask them for a statement of reasons immediately as this extends the time you have to appeal from 4 weeks to 6,an oral hearing is by far the best,with something like a 50% success rate(it used to be higher),might be worth speaking to welfare rights if your council has one they can be a big help CAB tend to be overun with caseloads,did you let the gp know before you applied and is he/she fully aware of his care/mobility needs?

momaluce

thanks for that, will speak to dla tomorrow was so worried about timescale. tbh dont think gp is aware of mobility needs. hubbie usually talks to gp about loss of job and when he can return doesnt mention any other things so to be fair gp isnt fully in the picture. thanks again everyone, feel so much better for getting this off my chest, wish id posted so much earlier now!

lilac_lady

Isn't it strange that some people can get DLA for trivial conditions while others with really debilitating conditions get turned down? Keep trying, a genuine disc problem really limits what you can do for yourself. Good luck.

Loopy_Girl

lilac_lady wrote: »

Isn't it strange that some people can get DLA for trivial conditions while others with really debilitating conditions get turned down? Keep trying, a genuine disc problem really limits what you can do for yourself. Good luck.

Oh don't even get me started Lilac!! Am likely to get on my soap box and not come down till a week next Tuesday!!!!:rotfl: :rotfl: :rotfl:

momaluce

hmm yes is strange, even though i wouldnt wish to judge others normally, the stories you hear on the news makes me cross and im not the one who is suffering. hubbie wont go out much now, unless he really has to. hates seeing people he knows and feeling he has to explain why hes not working, doesnt like walking with a stick, even though kids have 'pimped' it for him with glitter etc!

Loopy_Girl

What a fabby idea!!! I'll maybe suggest to my Dad that his stick needs 'pimped'!!! Though I suspect he will tell me exactly where he will put his stick if I try!!!!:):)