DLA refused-not sent forms for reconsideration of ruling

[jamjaf]

Hi,my son was refused dla after reapplying. He has aspergers syndrome, chronic fatigue is dyspraxic and mostly confined to the house because of the above.

My son was first diognosed when he was fourteen and his condition has not altered, he is now twenty three. He is waiting specialist help from a special unit in Sheffield for his chronic fatigue but will always be constrained by his other conditions. When we received the letter stating why he was refused, none of it made sense. It was almost as if they were talking about another person. Much of their criteria are met by my sons condition unfortunately, however you would not think so if you read their response. I am receiving some help dealing with this from a charitable organisation as I myself suffer from mental health problems but though they have requested that forms be sent so that we can contend their decision on five occasions (and they promised they would post them) each time we have been let down.
Finally we were contacted by a lady in a department who follows up on multiple phonecall records. When appraised of the situation she suggested that we write a letter along with a docters letter instead. She agreed though that a form would be best as we would then see what information they needed.
We are going to send a letter and docters letter to them but I have no confidence in them at all, their performance so far is appalling. Does anyone have any suggestions please?

[Agathachristie]

Go to your council and ask for special advise. That did help me. They turnt me down and I did not know what to do. So I went to the council and they helped me in writing a long letter to the DLA together with GP questinnair. Good luck!

[bazak1]

I suggest also contacting your local MP and advising him/her of the situation and request their help. A lot of them sit on these kind of boards, and may be able to get involved.
If you do not know who your local MP is, either search it on google or ask at your local library.

[trevormax]

You could also go to your local newspaper (or a national one) and get them to do a story about how an some idiot has refused someone who obviously deservs the allowance. Newspapers love this kind of story.

[surprise]

See your Welfare Officer at the Local Council, unfortunately, it is sometimes the way you answer the questions, wrong I know, but the same thing happened with my daughter and if you read other threads the same thing happens all the time.

It would also be good to include your MP, as someone has mentioned, as it is about time they stopped all this messing about after all they have a doctor's report and in my daughter's case had a a report from her Psychiatrist and still she got turned down.

Good luck with your claim, don't give up, keep pushing.

[Zamzara]

Just to throw in my 2p, I don't agree with contacting the MP or the newspapers, at least at this stage.

All the populist newspapers promote prejudice against both benefit claimants and mental health sufferers so they are hardly likely to be sympathetic. They should be, but it just wouldn't fit the agenda.

An MP cannot do much at this stage as the proper procedure has to be followed according to the legislation: ask for the decision to be reconsidered (there is no special form for this), and then appeal to a tribunal (form GL24, available here.) Because the tribunals are independent an MP is not allowed to influence them.

[surprise]

The reason I suggested the MP it is about time that something was done about how claimants are treated and how it all relies upon how you complete the form. I think MPs should be made aware how legitimate claimants are being treated, you only have to read some of the stories on GAG to see how they have been discriminated against and how some of them have been refused DLA. Also, it only goes to show that my daughter was refused the first time around and yet now gets it indefinately so what does that tell you!

[bazak1]

And the reason i suggested the MP is because they are there to help, and although its true about them not being able to influence certain things they are able to have their two pences worth. People who dont deserve it get it, and legitimate claims are turned down. If MP's see all this first hand, then they will be the ones to go to parliament and change the outdated and antiquated laws of this land.

[Agathachristie]

I am sorry to say that but who believes in their MP??? Look at the recent criminal and justice bill. MPs got influenced by our "Oh so good Prime Minister" and promised funding for their councils. Who is believing in their MP??? I would like to get that answer. It is a dream to believe that your MP can sort out your own DLA claim for you. YOU HAVE TO FIGHT FOR YOURSELF! Nobody else can do that.

[surprise]

I have got to say our MP is excellent. When my daughter was claiming back charges from Lloyds and they kept taking her benefits I wrote to him and he went to see Lloyds personally, within a week she had £350 in her account as a gesture of goodwill and he claim for charges is still pending like everyone elses at the moment. He was really incensed by what they had done. If you don't try you don't know!

[bazak1]

I too have contacted my MP on several occasions, and in approx 90% of those he has helped.
We all have doubts when it comes to asking for health from various sources, but as surprise says, if you dont try, you dont know.

[patrickq1]

http://www.rightsnet.org.uk/pdfs/ESA_handbook_v1_Final.doc
this is the new esa guide that the DWP DOCTORS GO BY so any medicals are based upon this