hello there hope all is well everyone
am just posting on behalf of my partner really as have just got her appeal forms back from her claim for DLA.
she submitted a claim back on the 25/07/08 for DLA as was recommended by her doctor which was turned down on the 06/08/08.
we submitted a request for appeal on the 22/08/08 and she has 14 days from the 17/09/08 to submit her appeal form with additional evidence etc.
we are going to request an oral hearing as this is a bloody joke !
basically she has severe asthma which is a result of her chemotherapy from lung cancer two years ago.
this severely restricts her mobility 5 days out of 7, she is up at A and E every week to go on the nebuliser, has had pneumonia twice due to her lower immune system and is on the highest dose of steroids and preventors ie serevent , beclonetasone 250 mg *8 puffs a day , ventalin, montelukast, prednisolone 30 mg a day, lansoprazole !
when the original claim was submitted they had not even checked her medical records from the GPs to find out how severe the situation is yet in their submission they state they are relying on the original decison which was made without any of this.
it is quite intimidating having to shift thru all the papers though and I am wondering is there anyone who knows who can help with all this legal talk ?
i dont want to walk in give lots of emotional reasons why her claim should be upheld and have them turn round and say sorry but because of law a, b and c we cant help !
I have read and reread their reasoning and the jist seems to be we have ignored how much pain and discomfort you are in,we'll gloss over those points and refuse you the claim.
they claim that there is no evidence her walking ability is severely restricted yet in the appeal letter she told them a good day is being able to walk to the car from the house and we have a drive !
as far as i can see for the mobility component she qualifies under the laws they quote !
there is a danger to her life and deterioration in her health, if she on a good day tries to do the shop she is bedridden for the next three !
sorry to go on about it, basically i just am asking if anyone can help or point me in the right direction it would be appreciated !