Hi,

I'm having problems with the DWP. I asked for a reconsideration in August 2011, which was denied and left me receiving higher rate mobility allowance and middle rate care component.

I thought this would stand as the renewal (as do many of the helpline folk I've quizzed). But my wife received a letter about a week before Christmas, saying that her care component was to stop on the 10th Jan 2012.

Cue panic calls to the DLA. They sent out a renewal pack, which I returned, by recorded delivery and with 'urgent' all over it, as instructed. It was acknowledged that the loss of 20 weeks' processing time was their fault.

Important point: I'd had the sense to scan the form I'd sent in August, so the December submission was practically identical...some reported problems are actually worse.

The upshot, when I called on the first possible day in the new year, is this: lower rate mobility, no care component.I'd asked for an indefinite claim - the mobility part is indeed that. So, I've asked for another reconsideration, and am assembling evidence. I've already faxed one piece of evidence to the DWP office.

The biggest problem is that lower rate mobility means that I'll lose my Motability car on the 7th Feb (after 4 weeks' grace). I've also had to reapply for my Blue Badge on a discretionary basis.

My problems comprise...

Failed back surgery syndrome: two lumbar disc ops, a neurostimulator implant and the implanting of a new electrode in the right place. I can't walk without at least severe discomfort, and can't do sock/shoelaces, lifting, bath, cooking or chairs unaided.

Multiple Sclerosis: I use disease modifying injections (interferon B), meaning I have to write off Sundays because of the flu-like symptoms that never reduced. Hence a further need for care.

Borderline Personality Disorder, presenting as agoraphobia. This is long-standing (from 1976). I've had good treatment but the problem won't go. This means the car is my lifeline - it's a safe place I can take with me. I await a psych referral.

I can't understand how the decision maker can find that a now inoperable condition (FBSS) and an incurable one (MS) can suddenly get better, leaving me capable of doing things I couldn't do a week ago. As I mentioned, the claims were near-identical and the treatment hasn't changed.

If Motability do take my car away, I can't get a replacement (in the event of a favourable decision) for three months. And I don't have the money to buy even an old banger.

I'm sorry this is so long and tortuous but I'm becoming desperate. If anyone has any ideas about what i could do to support my cause, I'd very much appreciate their input.

Thanks, David

Hello there. I'm sorry to hear about your problems and hope we can help.

Please bear with us until the people with the right knowledge are able to arrive, they'll do what they can.

My best, HB

Thank you, HB,

Quick update: I received my blue badge on a discretionary basis, so at least that's a positive...at least someone believes me!

Meanwhile, the DWP tells me my file is with their medical section. They also mentioned something about a duty doctor being 'sent out'.

In any case, they've promised a team leader will call me when the medical section returns my file.

You need to lodge an appeal. I think this is your only option.

The only thing you can do is ask for a reconsideration (which you have done) and if that fails, appeal against the decision. Provide as much supporting evidence as possible in regard to your care and mobility needs; any statements from your medical professionals about how your condition affects your life will support your case greatly.

The issue with the car is something that is between you and motability. Motability tend to allow people to keep their cars until the outcome of an appeal. I did hear a rumour last year that this was no longer financially sustainable and that they would only allow people to keep the car for 4 weeks. I say 'rumour' because I heard it in October but have yet to see any official source on it, and have yet to see anyone lose their car whilst waiting for an appeal. I would urge you to get in touch with Motability if you haven't already, to establish if they would allow you to keep the car until the appeal outcome.

Hiya

I have had a very similar problem as you.

First of all you need to appeal, you can do this by phoning dla, ask to appeal they will send out a leaflet with a part to fill in. Send that back asap. sadly appeals are taking 12 m,onths to be heard, so you request an appeal at short notice... then in the meantime phone your local office everyday asking if there are any cancellations of tribunals, there will be many arrive in the post every morning... say you are willing to travel.. keep phoning everyday.. they will give you a cancellation. thats what i did, my car was due to go back 27th jan but before that i have a hearing this weds coming. You have to pester pester pester im afraid but you will get what you need if you do .

If you appeal, they reconsider it before it goes to tribunal / appeal.

Thank you, people,

What you're suggesting is pretty much what I've been doing, though I haven't yet instigated an appeal.

I called Motability om the instructions of the DWP. Had I not, I might have won another week's ownership but Motab immediately gave me the collection date. I've also looked after the car very carefully but if the lease is cut short, I'll also lose my £250 'Good condition bonus'.

I've been in touch with the DWP on a daily basis and it's hoped I'll have the reconsideration outcome by the end of the month.

So, Christmas ruined and the new year off to a bad start. One can but hope...I'll keep you updated.

I think the only way you can gain a fair hearing is to appeal, if you have never done so before i can take you through it. In my experience this is the only way of getting whats due to you.

Thanks, doubledeedonna, I may yet take you up on that.

I'd already asked the DWP about an appeal. They said I had to await the outcome of the reconsideration before launching an appeal.

The central issue is that the 'decision' (I use the quote marks advisedly) almost seems to have been based on someone else's claim form. For example, it says, 'You can walk 50 metres'...I can't walk for more than a pace or two without severe pain. This is the tip of an iceberg of errors.

In any case, I have to wait now.

Thanks again.

Ask for a statement of reasons - this is meant to be more detailed.

I eventually found out what the problem is. My GP wrote 'There is nothing wrong with his mobility.' This was pretty good observation by someone who'd only seen me walk the 5 paces to his consulting room. Seeing him soon.

I would challenge your gp, if your not happy ask for a second opinion from another in your practice. You could still appeal with your dla while your gathering evidence from your gp, do you see a physio? anyone who is involved in your healthcare you may need a statement from. If you gather all this info asap you will be ready for an urgent appeal. Saying that i went on wednesday for my tribunal, my gp had put moderate for my walking and i still won higher rate for both care and mobility.

The central issue is that the GP has never examined me re. mobility. I've not consulted him personally for months (I usually use the 48-hour clinic and see a practice nurse or it's consultant appointments.

The GP can't have observed me when I follow him into the consulting room...when I went to see him on 10th Jan, he did no examining and said he can only report.what he sees. However, it seems he's reported.what he didn't see, and not.clearly.at.that.

This seems to have overridden letters from my MS nurse and the opportunity to contact the neurosurgery team. I'll be seeing the doc on Thursday morning and will ask him to report again, based on my description and an exam if necessary.

Thankyou for your input.

Well, crap.

I went to see the GP this morning, appropriately after my usual bad Sunday from having done my MS injection on Saturday night. I pointed out that the reason for my DLA claim having been cut was because of his statement. He claimed that he'd observed me - i.e. I'd followed him into his consulting room and wasn't actually on my knees.

Then, I got a diatribe...

Him: 'I'm thinking of refusing to fill in any DLA forms - they can come and sue me.'

Him: 'I'm concerned at the amount of NHS time that's being wasted.'

Me: 'Will you examine me re mobility right now?'

Him: 'No.'

Me: What do you want me to do?'

Him: 'Come back on Thursday, with the copy of my report.'

So, one angry doc with an issue with the DWP, so why am I suffering? The DWP, supposed to send that report to me last Wednesday, will actually post it first class, tomorrow (Tuesday).

In a call to my Age UK contact, I found out that for her Motability won't exercise discretion in my case. A call by me to Motability about 4pm has led to them thinking about doing so.

So, I'm launching an appeal. I'm almost certain to lose the car and have already lost £430 per month and will be losing support to the tune of £7,620 per year.

During all this, the DWP has...

* Let my non-examining GP's opinion override that of my MS nurse

* Failed to contact the surgeons

* Given me a wrong fax number

* Lost me 20 weeks' processing time by not sending me a renewal pack

* Denied that sending out such a pack is anything mroe than a courtesy

* Not sent out the GP's report, as promised

Apparently, I'm due to have a visit from a duty doc. Maybe this and the fact that at 53, I began facing the risks associated with four major ops (not wholly successful) might convince the DWP that pain is my constant challenge.

Sorry for the long post but I'm worried and angry.

There's an update, though I remain on tenterhooks for now.

Following various bits of advice, including from in here, I triggered an appeal anyway - that's pending for now. Then, the duty doctor appeared. A pleasant chap, he spent about 45 mins going through his DLA140. One of the first things is that he agreed I've 'had more than my share' of problems. The questions he asked were relevant and the physical exam was brief - I hobbled for him and he couldn't find the Achilles reflex I lost nine years ago (through getting sciatica). My wife also detailed the care she gives me. The Doc also promised to send his report off that afternoon (Thursday).

Just before he arrived, I was fortunate enough to get a phone call from my contact, a deputy decision maker at the DWP. I called back after the Doc left and it seems that my report may not be decided upon until the end of next week. That is one week before my car gets towed away, so it's going down to the wire.

So, I live in hope, with everything crossed.

Davhill, I'm sorry you are being put through this, it's obvious you should have the DLA from what you say. I would complain about the GP to the practice manager, the practice manager needs to be dealing with the GP's issues and attitudes.

the disability living allowance is not what disability you have. but how the disability affects you. your GP is a central point in the DWP's award. your GP will use all your medical notes about your visits to the nurse not just when you see him. if your records don't indicate you have problems walking. he won't support you.

if they are happy with information they have received they wont contact surgeons because you wont have been referred to them for what your claiming. (never been referred for walking difficulties)

you say you have difficulty walking a few metres. what you use to get around. wheelchair electric scooter etc. you would be expected to be using something.

the government are making it more strict and next year will see the replacement for DLA coming into force PIP and if you can't convince them now you never will

if i was you pop in the your local jobcentre and ask them for a charity that can help you fill out your appeal. they will do a home visit but they will do it correct and it could mean winning your appeal against it being dismissed

JCP will not help with the appeal, the customer would be referred to an alternative source for help e.g. CAB as the JCP is part of the DWP services and cannot get involved.

JCP will not help with the appeal, the customer would be referred to an alternative source for help e.g. CAB as the JCP is part of the DWP services and cannot get involved.

it does say that

i

f i was you pop in the your local jobcentre and ask them for a charity that can help you fill out your appeal.

A further update has occurred, in the form of a decision on my DLA.

The bottom line is that I'm being put back on higher rate mobility and so can keep my Motability car. Unless everything goes pear-shaped with PIP, I can order my next car in April, as the claim is indefinite now. On the downside, my care component has been reinstated at low rate, not middle rate, as it was.

I spoke to my contact in the DLA office. It seems the care component can be appealed against, though this might again put the whole claim in danger. The advice is to look at the doc's report and the decision, and then call back about it.

Re. what queensclose said, 'you say you have difficulty walking a few metres. what you use to get around. wheelchair electric scooter etc. you would be expected to be using something.' I draw attention to the DLA form question concerning how far/for how long one can walk without feeling severe discomfort. I answered 20 yards/half a minute, which was in fact optimistic. In practice, I can't stand up without feeling what I refer to as the three-foot toothache. I move around with the aid of a stick, and through having the grit to not let the pain own me - I own it. This is why I don't whinge and refuse to move.

An interesting sub-point. Apparently, the doc's report says I have constant back pain but 'this will improve with treatment'. Bring it on, buddy. The clue is in the name of my diagnosis, 'Failed back Surgery Syndrome'.

While I can't thank the DLA on iota for putting me in such an awkward position, I'm very grateful for the fact that a decision arrived a week before my car was to be towed away. I also don't blame my GP for his attitude. It's scarcely his fault that the DWP wouldn't contact the three consultants who've actually treated me for my prolapsed disc. All he did was refer and prescribe as appropriate; no wonder he was hacked off with being asked questions, just as I was hacked off with not being believed.

Finally, re. the charity input. I've generally found CAB pretty hopeless anyway but Age UK (formerly Age Concern) have been helpful in the past and know all about this latest issue.

Thanks to all who have made constructive suggestions; I'll update about any further development(s).

That's good news.

The stuff regarding the whole award being looked at is true. This is why when I last appealed, I wrote what mobility needs I have - despite the fact that I only want care component looked at. DWP know this and I was never asked about my mobility needs at tribunal.

After mature reflection, I've decided not to pursue an appeal against the lower rate of care having been awarded. This is with advice from Age UK and the principle is that the whole claim must be re-examined, and the whole area could go awry. Also, having had seven solid weeks of unrelenting hassle, a compromised Christmas and a bad start to the new year, I've had enough.

Still, it's nice to be believed, just as it's nasty to be considered a liar. Thanks again to all who contributed.