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  1. hI Just had the decision regarding DLA for my missus, 2012 was the first claim and sent forms off again just before xmas, she was awarded HRM and LRC first time round, yet now has had the HRM stopped completely. The decision was based on, claim form, GP, Current Treatment, Medication, Test Results and Symptoms. So according to that she has now improved from last year so much she can now walk 200 yards in a reasonable manner using suitable aids although walking is limited (their statement). So they say her walking is limited yet don't say what it is limited to. So now after having a read through previous posts I assume that I need to inform them that I will be appealling, but can anyone give me a couple of answers to help me out please. Will her GP supply copies of any/all the info that they supplied to the DWP if she requested it ? Will the DWP supply them without having to go through the whole SAR procedure ? She never gets letters sent regarding test results from the hospital, so she is completely in the dark as to what these are, and the other problem is that after sending the form off to DWP she had a hospital appointment in which she was told that she will definately require surgery on her legs but pending further tests will depend on the type of procedure required so I hadn't filled the question in about waiting for surgery They just seem to have totally ignored everything that I put in the Mobility section, and I have a copy of last years form so I know what I put, and bear in mind when I filled in last years form the GP/Nurse/Hospital hadn't even began diagnosing her Mobility problem. Would I be better phoning and mentioning the forthcoming tests and impending surgery and then ask for a GL24 Form to be sent to me firstly and take it from there ? Any advice greatly received. Pete.
  2. DLA have written to me asking for my birth certificate so that they can check my date of birth. I don't have a problem with that and will send it off signed for on Monday. I'm just curious to know if this is just some sort of random check and have others had the same request. I've been in receipt of DLA for about 10 months.
  3. Posting for someone else.... Martin age 54 has been on dla for about 13 years after a road accident he has a degenerative illness and cant walk. Severeal times he has had an atos 'medical' at his own house. This time he is told that he must attend one at a centre. He only rarely goes to his doctor for painkillers as he doesnt leave the house, more recently he found it easier to get them from the interenet rather than journey of £18.50 each way to doctor in a taxi with a friend to help. So how can he secure a home visit because I don't think the doctors input will be considered enough.? Previously he was granted a home visit without the doctors input though.? How come suddenly he is expected to travel using 4 changes of bus which he absolutely cannot do.? So to reiterate, how can he get a home visit, should he ring the atos number on the letter to arrange one? What if they refuse? would that be a breach of his human rights even?
  4. I am preparing a budget to send to my creditors and am not sure if I am supposed to include certain benefits. Between my wife and me we obtain income support, employment and support allowance, carers allowance, child benefit, child tax credits and disability living allowance. On most forms we've filled in we get told not to include DLA as this is paid to cover the extra cost of my living becauseof my disability - taxis, my specialised chair etc Do I include this in the income for budget for creditors? It makes a big difference to my overall income. Thanks in advance for any help.
  5. Hi everyone, hoping for some preemptive advice. My 15 year old son is Autistic, Dyspraxic with associated conditions. He has been in receipt of DLA HRC and LRM for 10 years. We have received the new adult form as he turns 16 in August. I have original dx letters and reports from 2008 (no reports since, but he still has OT and S&LT weekly, within his special school as set out in his SEN and also outside of school.), and letters from the school sen nurse, his OT and hopefully, the S&LT. He has a current Statement which outlines his difficulties and is in depth. Our GP is aware of his condition and care needs and will respond stating these, if asked. My son is very bright educationally, he has an amazing vocab and has self taught guitar and drums. It's his social skills, sense of danger, road sense and poor sleeping pattern that set him apart from his peers. He cannot leave the house independently (and indeed prefers not to go out at all) and still needs help with many things, due to poor fine motor control. I have to cut his food, tie laces and wash his hair etc. I have filled in the form very thoroughly, despite not being familiar with the adult form and I am asking to be his appointee due to him not having any idea about money, and also not being able to write adequately to fill in forms etc. He is happy for me to continue doing this when he turns 16. I also have a letter from the OT confirming his lack of knowledge regarding these areas. My main worry is that with all of the changes, his claim will be refused. It's not so much the loss of the extra money that worries me, rather, what will happen to him if they decide he is no longer eligible? If I am no longer receiving a carer's allowance, I will have no choice but to find work (his father is deceased.) and I am so scared for his safety if that happens. Just because they may decide he does not need that supervision, it will not mean that he actually doesn't. What if he leaves the house and gets hit by a car, gets lost, or gets bullied etc? I am literally terrified. He is due to leave his special school this year and start at college with learning support in September. The college is 4 miles from our house and he has to travel across the city to get there. I have already decided that I would of course appeal, and that has made me feel a little better, but I just had another worry pop up.. Would I be able to appeal at the tribunal on his behalf or would they expect him to do it? He just wouldn't be able to cope in that setting. I hadn't even considered that, so now i'm unsure if an appeal would even be an option. Does anyone have any advice for me please?
  6. Hi All new poster here. I have been interviewed under caution for DLA fruad. I was given higher rate care and lower rate mobility 3 years ago and being Bipolar T2 and having issues with Colitis disease too I had major depression, was not able to work for periods and needed help from others in day to day life. I also attempted suicide twice. Anyway, I did work when I was well enough to but suffered from anxiety and being in new places etc and was in a state generally. I got the DLA anyway. 2 months ago I was invited to an interview about this and they found I had been doing some work which they felt contradicted what I had said in my application, i.e. I had panic attacks, needed the toilet regulary and had issues with anxiety with large groups . I explained this was only done when I was well enough and accounted for a max of 8-10 indivual one off jobs a year, Anyway I have now had a letter saying they dont think I am entitled to the DLA from a few months after my DLA started 3 years ago. They have said they will write to me seperately about this. They are saying I should have informed them if things had improved, I did say in the interview that some areas were a bit better but I still suiffered with alot of other areas now and just tried to work through them as best I could So a few questions, obviously I am worried 1. I will appeal obviously but if I dont win I will have to repay circa 13k, I am on a Debt plan due to financial issues on the back of a divorce and I cant afford much to repay this, can I pay over time if this is the decision, i..e monthly, will they ask for all of it back at once? 2. What sort of penalty will I get for this, i.e. will I have to go to court, get a criminal record etc? They seem to suggest in the letter that the evidence suggests I should not have had DLA at all which I refute and think the evidence has been twisted to make this appear so, however I am worried that an criminal investigator will see this as black and white and charge me.. I have never had anything like this before and never been in trouble before, so its all new to me.. Any advice or help on this would be great. thanks Worried
  7. hi i had great help from here on my husbands tribunal for esa which we won and now we have dla renewal is there any help i can get on here for filling them in thankyou guys
  8. Hi, I applied for DLA on 12th Dec 2012 after spending over 6 months "signed off from work" due to Plantar Facilitis and Heel spurs.I am not able to walk or stand up without pain. I went to the Doc's with this 18 months ago, ive had steroid injections, Lithotripsy treatment for 4 wks, x rays, ultra sound, the whole shabang....I am now waiting for PRP injection, if this does not work, my consultant says its MRI scan and the dreaded surgery, to release my Plantar...I had a visit from the DLA Doctor last thursday 22 March, 3 months after my application! I read on the web about PF and HS and it says, its a condition, that "just goes away", lol, my consultant however says i have a resistant case. I am used to working, not claiming benefits!!!! I want to work, but am faced with DLA Doc, checking my arms to see if im a drug user, looking around my home to see if im a liar. Unable to earn my own money and rely on benefits, ESA at £70 pw, forced to pay a bedroom tax for a room that cannot fit a bed, wardrobe and chest of drawers (a boxroom) and council tax! in April... how am i supposed to live on what i'll have left? How am I supposed to work, when I cannot walk ...I also have a teenage Autistic Daughter, she helps. But im supposed to be helping her. How do these benefit changes help folk like me? the folk the changes are aimed at, will still drive their Mercedes, wear their labels and have their I phones....and the folk who need dla will not get it, to pay for the others..... Fleur x
  9. Hi folks, My mother has been signed off work since Feb. Something is wrong with her ankle and the docs cannot determine the cause. Has had tests and physiotherapy who are now stopped treating her as they feel they may be causing more damage than good. And now waiting on a MRI scan. Has to keep foot elevated at all times, can no longer drive, uses a stick to walk about indoors and to get to car and back, cannot walk for more then 10 meters or it becomes unbearable. Cannot stand in on place etc. Also she has been hospitalized twice in the last 3 months due to her COPD as could not keep her oxygen levels up - found her passed out twice but very lucky did not do any physical harm so now we make sure someone is around as much as possible. Applied for DLA - refused and applied for them to look at her claim again as COPD became worse. They are up holding their original decision. I just don't understand how she cannot qualify for it, I can get the letter and the reasons for it if needed. Should we appeal?
  10. Hi, I have read many posts on this forum but this is now the first time actually posting. For many years I have been living with the dibilitating hidradenitis suppurativa I also suffer from depression. Not a lot of people know about HS and I know from the DWP website this is not in their A-Z handbook and therefore mostly come under a skin infection (which HS is merely not just that). Not even aware I could have applied in 2010 but I had major surgery to remove all the skin and gland from both my under arms and was left with open wounds 16cm long and 8 cm wide on each side oozing continuously requiring multiple daily dressing unable to lift my arms and do things for myself wiithout mjor struggle and more damage for 18 months but I soildiered on with no help from the government and because I dont have a family on my own. I had a small respite then last year around this time I was hit full force with anothr atack of the HS but this time weeping wounds on my groin and inner thigh and top of my buttock. I had 4 months off work (and was subsequently told there was no job there for me anymore as I was on a contract) and spent many days in bed in agony. My doctor (luckily) is new to this condition but we have been going through this journey together trying new meds and treatments and the HS got to a point where it was managable ableit always in pain I like to try and live a normal life as much as possible and will struggle at work where needed as I dont like to be judged by anyone no mater what pain and difficulty i am going through albiet i fail my 1st year uni exams (Mature student) Fast tract to December 2012 yet again the pain becomes unbareable. I am bed ridden for weeks so much so I damage my left side of my back where I have to lay on it so much. My depression gets worse on top of this and I am sruggling to live a normal life. I also start to black out and have dizzy spells (one week I blacked out 12 times), I also start radomly losing control of my bodily functions (GREAT). After advice from as friend I aplied for JSA on 25 Jan 13. By 30th Jan 13 I had a straight not entitled letter from DLA. Some of the things I had written in my application where not even correct such as not being able to cook for myself, mostly being stuck in bed and when not stuck in my house, and my black outs. I gave them a call and they advised I could have a reconsideration or appeal. I thought it was logiacally best to have a reconsideration. I explained my queries to their responses that I had told them on the original form . I was then told it was a 11 week wait for the reconsideration. Fair enough albeit a bit long based on the first review of the case. Since then I have been very up and down. I have managed to get to my doctors only twice via cab and had to miss so many appointments where I have been too ill to attend. My doctor has been to visit me. I have also developed continuos migranes and still get about 5-6 blackouts a week but I also developed seizures and vomiting blood as well as a very bad bladder infection stopping me from peeing. As well as uncontrollable bowl movements. I was admitted to hospital and put on meds for 3 days. They dont think my seizures are epillepsy but due to stress and trauma of everything else going on. I have another hospital appointment on Wednesday this week. I informed the DLA of the changes in my symptoms and my hospital stay as well as new medications I had been put on. I asked at the same time what the status of my reconsideration is to which I was told they have requested more information from my doctor which they received back last week. My doctor is very supportive of my condition and he had to do a letter for my DSA assment for student finance and he confirmed my unability to leave my house and my depression caused by the HS. This kinda of letter for approved by student finance for DSA so I am am not worried about what he has written as the surgery did confirm that he did write the report they requested. This weekend I recieved an ESA ATOS medical questionnaire which my friend is helping me to fill out and she has called DLA this morning for another update and they have now said that they have referred my reconsideration to one of their doctors as they want me to have an examination. Is this normal process on a reconsideration to get a report from a doctor and immediately request their own examination and how will this process happen as I have been reading the forum about the ESA examaniations being full of bull and so now I am panicing. Sorry for such a long post but if anyone could help it would be greatly appreciated. Many thanks
  11. Husband was made redundant in Dec 2012. He is now claiming IbJSA. I started my own business in July 2012, part time aprox 10 hours a week. when my Husband started claiming JSA, they asked how much I earned a week. I said £40...BUT now I have just realised I didn't take into account all my business expenses (was gunna get an accountant to work it out at end of year, as a rough guide its £1,900 a year for rates, laundry, insurance, cleaning, phone, stationary etc etc) To work out the £40 a week I worked out my takings and purchases of stock. So we've been loosing out on money - I asked them about this but they just said to fill out a B7 form each week now - which seems unfair and is of NO help! Also ive been trying to call them to tell them we are now claiming DLA (since January) for one of our children (we have 2) and also that I will be claiming CA, but job centre benefit delivery never answer the phone!! my Husband is now setting up his own business (given up looking for employment!) Job Centre have been no help what so ever!! Advise appreciated please
  12. Could someone please tell me the criteria for DLA rates. I live alone and have recently been diagnosed with Osteoarthritis, in my hands, knees and spine. Are there any further benefits I am entitled to outside of my ESA. I have looked at it on the DWP site, but it talks about people who look after you, or come in. Is that all it applies to. Thanks Lilly
  13. hi new here i have traumatic brain injury,ptsd,anxiaty,depression,nerve damage and artharitis in hands and ankles,i have just been to see a psychologist for tests on my memory i have very poor cognitive in all areas, i was told i may be suffering from dementia aswell,i have to see occupatinal therapy,also phycitrist,can i claim dla
  14. Hi all, I was diagnosed with crohn's disease in 2010 and have since been suffering with related arthritis. I made a claim for DLA and was refused, I appealed this and again was refused, so I have taken this to tribunal. A year on and I have just won my tribunal and been awarded back pay. My question is. How long does it take for the money to clear? I had a call today to collect payment information from me and was told told 7 working days for funds to clear. Is this correct as I am new to all of this. Many thanks. Scoop.
  15. My DLA runs on in Dec 13, roughly when can I expect the renewals forms?
  16. Hi all, I had tests done last year to see what was up with me as i was in so much pain and it turns out i have" Rheumatoid arthritis" The RA is that bad i had to stop work, as i would work for 2 days and then the pain from the RA would be that bad! i would be lucky to get out of bed the next day, and it would take me 4 to 5 days to get back on my feet! so only working for 2 days then in pain for 4/5 day if not longer! is not good! and only being 43, life is not the same as it was....and with a long road ahead! so i stop'ed work and went on ESA, i 1st put in for D.L.A about 3 months ago and got turned down, so i left it until now! i got letter back last week and they have turned me down for a 2nd time, i phoned them! to ask why! and they said they did not have anything on the file to say why, i then went on to say its a joke, i then said to her what about the big write up on the D.W.P site about RA, & Equality Act 2010 Guidance, and what it says in there about RA, at the end i said i want to appeal it!, and she said don't you want us to look over a 2nd time before you appeal it! i ask how long that would take and she said 10 to 11 weeks i said to her how longs the appeal take and she said the same 10 to 11 weeks, i said no i'll appeal right away thanks.....
  17. My son recently had an unfavourable decision from the Tribunal, with regards Disability Living Allowance. However, the decision had been reached without his presence, despite requesting an oral hearing. I immediately requested a Statement of Reasons, which took some 3 months to arrive and then gave much time and consideration to reading the Statement and finding grounds for lodging an appeal. One of the main grounds had been, my son requested oral hearing and spotted a few procedural error to add to my list, working on the basis if one fails perhaps the next more valid etc (may all be rubbish!?). Anyhow I sent it to the first tier tribunal, requesting leave to appeal to the upper tribunal and also requesting they accept my late appeal - giving reasons. Shortly afterwards, my son received a letter of acknowledgement and to advise him that it has been passed to the Circuit Judge? Is this normal practice - at what point do we get told if appeal is allowed? How long for the process to work through the system - to decision?? Any advice would be much appreciated. Thanks Nadia
  18. My son, has ~ADHD & ASD and now, devloped Conduct Disorder, age 16 (16 in April) DWP have contacted me to arrange an appointment to visit myself and my son at c home, to establish if my son will be having his DLA paid directly to him or if I should remain his appointee. My problem with that is, if they speak to us together - my son will become acutely aware of his possibly having as much as £250 per month in his hand - for which he will be determined to have it paid directly to him. Unfortunately, owing to his immaturity and being very vulnerable and easily influenced - that amount of money in his hands could be lethal or set him up to be exploited or likely to be invested in cannabis/cigarettes. Whilst I could say all of this to the DWP visitor, my son will detest me and life could become extremely awkward if not uncomfortable, in fact it would drive a wedge between an already fragile and difficult relationship. I have no problem with him having the money (indirectly) - but access directly has all sorts of implications for my son. (He does not perceive himself as having these 'deficits' in his character. Is there any way that I could have this 'procedure' overlooked under the circumstances? Many thanks for any help anybody can give. Nadia
  19. Long story short, my ex has been claiming High rate mobility and medium rate care for 4 years, shes never had an assessment, it was granted to her for chronic fatigue syndrome and the only evidence was a GP letter. I had no reason to disbelieve her, she always walked with 2 sticks and on outing made me push her in a wheelchair, during the night I'd need to help her use the toilet and before work, i'd help her out of bed and to get dressed. My friends all told me that I was being taken for a mug and there was actually nothing wrong with her and they knew it, I of course , back my ex , as at the time, I had no reason at all to disbelieve her. However, since we have split, family and friends have provided me with 4 videos of her walking, some distance, without her sticks, at a brisk pace and clearly not suffering any pain (She used to visually show it) Is there an email address I can pass these onto the DWP on ? I know there's an online form, but these video's cant be added to an online form. I might sound bitter, but im not, benefit fraud is something I am simply against 100%, she might have recovered since we split and thats fine, but shes still driving the same motability issued car and using her blue badge.
  20. irenef32

    dla

    Can your dla be took of you right away, if you fail the esa medical or is it only a matter of time. please help thank you.
  21. I hope I'm in the right forum for this - if not, please move. I had a serious accident in June last year, resulting in permanent nerve damage from a fractured spine and prolapsed discs. I also suffer from infrequent bladder incontinence arising from this. I am awaiting assessment for surgery to try and correct at least some of the damage. In the meantime, I cannot walk without the aid of a stick, and only short distancesat that, and I am unable to drive due to pain and discomfort. I rely on my wife (or taxis) to get around. I have been housebound for 7 months with only doctors appintments and a short break away with my wife to a spa resort to break the tedium. Anyway, thats the background information to this question. I applied for DLA in October under the rules in place then (disabled for 3 months and liable to be for at least a further 6 months etc) and I received a letter soon after saying my claim pack had been received and it could take up to 12 weeks to assess. I received a letter last week asking me to nominate others who would be best placed to give a statement as to my disability and how it affects me, on the claim pack enclosed. It wasn't enclosed. I contacted CAB (who helped me complete the initial claim pack) and the girl I spoke to said she had never heard of this before and it must be part of the new rules taking effect. I contacted DLA and was told just to return the letter to them stating that I was only seeing my GP at the minute. I asked if they had written to my GP, which both CAB and my GP said they would, and was told my GP hadn't replied yet and they will send him a reminder. I'm surprised that my GP hasn't replied as he is fully aware of my injuries and how they are affecting me and is treating them very seriously. But more than anything else, I'm concerned that DLA are applying new, harsher rules to my application, which was made under the previous rules. Shouldn't the rules in place at the time af application apply?
  22. Applied for DLA in January for daughter with mental health (depression) she left work 8 months previous. Turned down asked them to look at claim again awarded low care, low mobility appealed again said expected middle care as fit the criteria. Daughter then diagnosed Bipolar 1 let DLA know 11 week after appeal against low care DLA wrote and said she had been turned down all they are relying on is the ESA 20 minute computer interview. They not took much note of the very informative claim, they not asked GP or Psychiatrist at mental health. In my opinion they not seriously considered the appeal as they have made no attempt to investigate things further to substanciate what we have put on the application/appeal. They relied on the original application form to do a u turn to award low care and low rate mobilty had they thoroughly looked at it they would have come to the conclusion that my daughter qualifies for middle care. Would contacting my MP help or would we just have to go through the system to a tribunal?
  23. Not sure if I am in the right place here. I have CFS/M.E and applied for DLA and was refused, everything I put down on my form they basically ignored, for example, I said that I cannot prepare or cook a main meal, and they say I can....I don't understand, when no-one has even had me in for a medical or anything. They have virtually made out that I am lying, cos all the stuff I said afects me, they say don't. I am sorry if this isn't the sort of advice offered here, but I am at a loss as to what I am supposed to do I also have a lot of other symptoms such as anxiety and depression, but again they seem to have dismissed these Any help would be greatly appreciated - oh and I appealed but the refused me again so I have asked for a statement of their reasons.
  24. Hope this is the right place to post. I wonder if anyone can give me any advice to help put my elderly neighbour's mind at rest? Our neighbour (we live in Scotland) has had DLA including High Rate mobility (he has a car) for more than 20 years after a serious accident at work caused severe back problems. He's had a long running dispute with another neighbour (trees) and this man has been telling people he has taken pictures of him carrying a heavy bag of pet food into the pet shop -he visits it often- and has passed the pictures on to the authorities to make sure he loses his benefits. Our disabled friend walks with a stick, has had his front garden tarmacced so he doesn't have to walk far to his car.As well as the back injury has diabetes and is having treatment for malignent melanoma. He takes a cocktail of drugs, is often in horrendous pain and has been prescribed morphine. It does seem unlikely that after a lifetime award the renewal form was coincidence and he's convinced it's not, he would have carried the bag-he always wants to help out and was probably in bed for days after, but surely people with a disability have good and bad days? I wouldn't have thought if he was being investigated they could use photos taken by a member of the public but he beleives they can in Scotland? Any help would be much appreciated he's making himself ill with worry. Many thanks, Carol
  25. Hi, Not sure if anyone can help me with this. My husband applied for reconsideration of his DLA award last October (was getting low rate care only). This was denied following a fictitous report by an Atosh 'Dr' (for example, stated my husband had no problems with stairs whilst sitting 8 feet from the stairlift just installed by the council). He is now appealing but this will apparently not be heard until at least March next year. Now the problem, hubby is 65 in a couple of weeks and I was wondering if we should be applying for DLA again before that time in case his appeal fails on a technicality. My concern is that although he needs the care as stated on the form, his most recent illness was within three months of the application for reconsideration so I am worried he will be turned down on this basis and will not be able to claim again as he is too old. If anyone can advise whether he should apply again before he is 65 and whether this will affect his appeal I would be really grateful. Many thanks
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