Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Shadowmaru Novitiate Shadowmaru's Avatar

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    Default DLA - Can I appeal against decision and is it worth it?

    Hi,

    I put in a claim for DLA on the 8th of May this year due to the fact that I have several problems that restrict my mobility and balance. All of which came on since around November last year.

    I received a letter dated the 29th of July, today saying I am not eligable for any of the components of DLA.

    I have two dessicated discs in my lumbar region and facet joint disease in the same area which was diagnosed when I had a MRI scan of my back after the Back Specialist I see up the local hospital was examining my back when I was sent up there for physio by my GP and I nearly went through the roof with how much it hurt.

    I have a copy of the MRI report which states this problem.

    I also see a Neurologist about poly neuropathy which the cause of at this time is unknown but I have had several tests to find out the cause including, MRIs, Blood Test, Nerve Conductivity Tests repeatedly, all which havent shown the cause yet except for the blood tests showing a lack of B12 in my body which now means every 3 months I get an injections of the vitamin from the nurse at my GPs.

    I've also had a Lumbar Puncture and a sural nerve biopsy to try and figure out what the cause of the neuropathy is. I haven't received the results of these tests yet but I told the DLA that they were coming but apparently they couldn't wait on them.

    I also have alot of trouble with my right hand now. I can't write for more than 5 minutes without my hand seizing up which means cooking a meal is fun as is cleaning and washing up.

    I have a diagnosis for my hand not including the neuropathy which doesn't help matters. I've been told by the Orthapaedic Consultant who I see who specialises in hand/arm problems that it is DeQurvains Syndrome. I have tried everything to get this treated, I've worn splits, had a cortisone injection which made no difference except for my hand/wrist to hurt for 7 days non stop.

    Apparently the decision maker made the decision that I can get up and down the stairs fine in my own time. Which is wrong I have to use either the stairlift if I am at home or if I'm out and there is a lift avaliable use that. If no lift is avaliable I am unable to get to where I am supposed to go.

    Walking is a task an a half since my back hurts when I walk and I cant walk for long because of the neuropathy in my legs which makes them feel numb and my balance is affected.

    I used to be able to walk to the bus stop to get into town. Now I have to get a taxi since walking to the bus stop which is a 5 minute walk for healthy people takes me about 25 to 35 minutes now.

    Apparently they contacted my neurologist and my GP yet they didn't seem to be bothered to contact the Back Specialist I see up the same hospital. I only know this since they had me nag the both of them to get the letter to them faster when my Neurologist took a month to reply to their letter.

    I also have asthma and my right kneecap likes to wander off in it's own direction at times (aka Patellofemoral Maltracking) which means it swells up and hurts some days worse than others. I mentioned all this in my claim yet I was still turned down.

    I should mention I never once saw a DLA doctor to talk about this.
    I also use a stick to help me walk now as I can't walk far without it as I look like a drunk when I do. My balance is messed up since I can't feel my feet properly.

    Can I appeal against the decision or is it not worth the trouble.

    Thanks in advance for any help.


  2. #2
    Basic Account Holder EYEBALLS01 Novitiate

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    Default Re: DLA - Can I appeal against decision and is it worth it?

    You certainly should have had ahome visit from their Doctor although it does depend what you put on the application. When filling it in you have to concentrate on your worst days.I you say that youhave good and bad days it will not help. Try and get a local Social Services rep to go through the form with you before you appeal but it sounds like you need to. Good luck!

    IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

    ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!
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  3. #3
    Basic Account Holder upallnightworrying Novitiate

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    Default Re: DLA - Can I appeal against decision and is it worth it?

    Hi,
    yes you should appeal. See if you can find a group / charity which helps with filling in the forms and appeals.

    Or contact Diac who should be able to help you with this.

    Good luck


  4. #4
    Basic Account Holder Shadowmaru Novitiate Shadowmaru's Avatar

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    Default Re: DLA - Can I appeal against decision and is it worth it?

    Thanks for the replies.

    I've also now got an ESA Medical tomorrow with ATOS (Yey isn't that going to be fun.... Especially since they've cancelled on me once when I had already been in the waiting room half an hour already.)

    Anyway, can/will they take the ATOS medical into consideration if I put an appeal to DLA. Even though it's not nothing to do with DLA and it's ESA it's all still part of the DWP...when they get the report that is. Can they use this?

    Thanks again.


  5. #5
    Basic Account Holder EYEBALLS01 Novitiate

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    Default Re: DLA - Can I appeal against decision and is it worth it?

    I had a home medical at home for my DLA and got high rate mobility low care. I then applied for ESA and have to travel 15 miles to have a medical assessment. I questioned this and bought up the subject but they don`t seem able to liase with each other. I also supplied them with a 28 page Harley Street Consultants report confirming my condition and inability to work (he came down to a local hospital to see me) but I still have to go!!

    IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

    ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!
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  6. #6
    Basic Account Holder EYEBALLS01 Novitiate

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    Default Re: DLA - Can I appeal against decision and is it worth it?

    By the way I`ve been cancelled twice,once as my friend who had taken time off to take me was getting me in the car!!

    IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

    ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!
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  7. #7
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    Default Re: DLA - Can I appeal against decision and is it worth it?

    DLA is turning down more claims than ever before these days. The light at the end of the tunnel is that a large proportion of these refusals are overturned (in the claimants favour) at appeal.

    So yes, it IS worth appealing, however I'd get representation if you are finding it difficult. You can enlist the help of CAB or your Local Welfare Rights representation unit for free. You can find these services through your local council.

    It is worth bearing in mind that DLA isn't paid on the basis of your diagnosis, as it is awarded based on the level of assistance a person requires with care or mobility rather than what the diagnosis is.

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

    Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
    (exceptions for prior authorisation)


    If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post






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  8. #8
    Basic Account Holder JPROPS Novitiate

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    Default Re: DLA - Can I appeal against decision and is it worth it?

    Sadly, yours is a common story with DLA applications. I had a similar experience with a claim for my daughter. Fortunately, I am a writer and researcher by trade and I took it upon myself to do my research and write a compelling appeal letter. 12 weeks later she was granted DLA at the highest rate and payments were backdated to the date of the original claim.

    Since then I have been helping others with their appeal letters through my business. We have been very successful with the appeals (6 out of 8 have had the decision changed) but unfortunately, I am not able to provide this service free of charge yet because it is a very lengthy process and takes time away from my other work, but I hope to do so in the not too distant future.

    You are absolutely entitled to DLA mobility and I recommend you stick with it and appeal. Research the Decision Makers Guide (this is the guide used to determine claims) and write a concise and detailed appeal letter providing any documentary evidence (doctors reports etc) to evidence that you meet the criteria from the DMG.

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  9. #9
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    Default Re: DLA - Can I appeal against decision and is it worth it?

    Yes I would appeal, my son is currently appealing his refusal at the moment, and I would strongly reccommend that you contact your local Welfare Benefits officer and they can help you put the appeal together.



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