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Cagger since : Jun 2010
Posts : 3 (0.00 post per day)
DLA claim refused even though in a wheelchair
Was dismissed from job 2 yrs ago after back problems confiding me to bed due to degenerate spine. redundancy was the excuse but i know it was because the employer was supposed to process via co ins a claim for salary due to critical illness.
Anyway, have now used all savings up as never claimed benefits on the hope I'd get well enough to do anything to regain life back, so used savings to live. When they ran out Feb this year, I filled out application for incapacity/DLA and was called for medical.
Went to medical, was in a wheelcahir in tearfulpain, but got some one to take me, they kept me waiting 1 hr but after 15mins I was in agony and couldnt sit, walk, stand etc they had to find me a bed to lie on. Went through the medical, showed xrays and mri of degenerative crumbling spine, plus also gall bladder problems where I have to not eat for 2-3 days to lessen the pain etc and the diaorea and then after questions etc was allowed to go home.
job centre phoned me today telling me i'd failed the medical and would have to attend a work interview. I told them I am still in bed and cant move as in not even able to get downstairs to answer the door,I have to crawl to the loo as it is, and am unable to feed or dress myself as I cant stand for more than 2 mins and end up falling to the floor with pain. job centre then said,work interview will have to be deffered, when I asked what that meant they said, not well enough to attned work interview means no job seekers allowance and as failed medical no more incapacity or progress to lower DLA.
So can someone please help me, what can I do, I have nothing, I am in agony, cant stand or sit can only lie to ease pain from crumbling spine, constant stomach pain from gall bladder made worse if eating, followed by uncontrollable diaorea.
If ATOS doctor saw me in this state at medical and knew I had collapsed and the centre where medical held had to allow me to lie on a bed in an examinging room, and saw the xrays, hospital mri statements and would have had access to GP notes etc - then why have they written notes etc so I failed my medical ? I am in agony and I cannot /do not know how to fight back, all I have is constant pain everything is so hard to deal with.
Please will someone tell me what I need to do, if a dr is being paid to get targets of getting people to fail this is wrong. Agree there are some liars but I have mri and xrays proving my spine is crumbling and gall bladder bowel issues, what more do they need to accept I am on the point of wanting to die to escape the pain and also the hassle this rejection is causing me, I really do not know how to fight back,and if I do it needs to be simple as I only have the energy to do thison a laptop lying down, filling their forms out is not easy as I cannot sit, everything has to be done flat out on the bed.
I am really upset by this, I paid 35yrs of tax and now my spine is about to implode I am finding it hard to understand how I could have ever have failed the medical.
Is there any legal legislation that can prove entitlement with such evidence rather than me continue to be at the mercy of a pen pusher where it is easy for them to stamp - no - because I cannot help myself?
Cagger since : Nov 2007
Posts : 1,227 (0.36 post per day)
Re: DLA incapacity claim refused even in wheelchair
The first thing to do is to appeal the decision (I am sure that is everyones right). Things should get put on hold as you prepare your appeal. In the meantime, you should still be able to claim the lower rate of ESA.
I hope you get the help you need. But as Locotus said, this is the wrong forum so a Moderator will move your thread to the right place where there are lots of people in the same/similar situation.
DON'T FORGET MY REPUTATION STAR!!!
If all else fails, kick them where it hurts and SOD'EM
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Cagger since : Jun 2009
Posts : 26 (0.01 post per day)
Re: DLA incapacity claim refused even in wheelchair
Appeal and contact above or other organisations for help, there is a time limit for you to appeal a decision (or there used to be) so make sure you do it straight away. They may try to offer you an explanation of their decision, if they do this (again, they used to have to do this but may have changed pocedures) if they do, make sure that you state that you do understand their decision, but that you disagree and believe the decision to be wrong, and would like it looked at again.
I want to live in a world where chickens are free to cross the road without their intentions being questioned.
Cagger since : May 2008
Posts : 6,366 (1.96 post per day)
Re: DLA claim refused even though in a wheelchair
Hi Scorpiorick. When was the decision on your DLA claim made?
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.
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Cagger since : May 2010
Posts : 43 (0.02 post per day)
Re: DLA claim refused even though in a wheelchair
Here's a letter I have written to David Cameron today and posted to him at The House of Commons, London SW1A 0AA and to his constituency office at 10 Bridge St, Whitney, Oxon, OX28 1HY
Dear Mr Cameron,
The tone of your government, of vilifying the vulnerable in society, particularly the sick, disabled and unemployed is horrifying and disgusting, especially when we are all portrayed as "scroungers". In a vile outburst on 18th June, the epithet of "workshy" was applied by Chris Grayling (Con, Epsom & Ewell) to all 2.5 million sick ESA claimants. I find that remark, reported in the Daily Mail, to be offensive, and given his previous offence over remarks about B&B owners' 'rights', I hereby call on you to force Mr Grayling to apologise publicly.
To announce, as he did, the complete abolition of all sickness benefits by 2014 , as he also did, smacks of totalitarian government - the sort we defeated in the Second World War. In fact I expected better leadership from you, Mr Cameron, with your aristocratic background and its focus on duty (noblesse oblige).
I contend it's unjust to expect the poor and vulnerable to be scapegoated and expected to pay for a financial crisis brought about by the naked greed of banks, big business and politicians: The latter being too full of their self-interest to do their jobs. Punishing the poor is not only unjust; it's counter-productive. We're already broke.
You have £136.5 Billion ringfenced for weapons systems alone, funds set aside to buy weapons of mass destruction during peacetime but you don't wish to put £12Bn aside for the sick and disabled? Pensioners are kept in poverty and some burn encyclopaedias bought in charity shops to keep warm in winter but your government leaves £130 Billion in uncollected taxes, loopholes for the rich and a pathetically low business CGT tax. You can't be bothered to collect £130 Billion from business, but you can only spare £12.8 Billion on state pensioners.
You preside over £112 Billion in hidden waste costs by the European Union, but not only that - you pay the EU £20.8 Million every day too! (£7.6 Billion a year).
For pity's sake please sort out some humane priorities and fix your upside-down budget: Instead of spending money on ridiculous ego projects, and spend a little more on the pensioners, sick, disabled and unemployed.
Please reverse the VAT hike. VAT really is a regressive tax (it punishes the poor more than it taxes the rich). It was too high at 15% never mind 20%! The VAT tax was originally 'sold' to the public as a "tax on luxury goods" and the examples given were yachts, fur coats and fine wines. As long as I can remember this unfair tax has been applied to almost everything - basics.
If your government can be a government for the people instead of a government against the people it may yet have a chance of surviving, and the country too. On the other hand, if you carry on playing God woth OUR money, giving foreign aid to Singapore which is a far richer country than the UK, for example, then the government will fall very quickly.
The electorate may be poor, but we're not fools and there's a lot of anger about what you are doing. The fix is there. You only have to spend the money on the humane options and you will be remembered as a Prime Minister apart from the sociopathic savagery of the Thatcher years ansd apart from the lies, spin and unconstitutional lunacy of the "New Labour" years. You work for us, not the other way round.
(an unwell taxpayer)