Refused DLA,Returned Motability Car But Still Disabled

[colonelsun]

I'm sorry to bother you all. If it seems i'm appealing for a lot of help on these forums it's because i've finally learnt how to ask questions instead of allowing everyone to walk all over me!!

 

I had been in receipt of Disability Living Allowance (DLA), and a Motability car with designated driver, since 1996 but thanks to a GP who refused to prescribe me medicines anymore, a new GP who promised me he would but didn't- resulting in me getting medicines over the web, my claim was refused in 2007 and i lost my Motability car too. I tried the appeals process but it was halted due to what was written on my medical records. Apparently somebody had written 'i'd refused all treatment', so my new GP, third one, refused to write to the tribunal saying i was bed-ridden, which i still am and need around the clock care.

 

To alleviate my spinal condition- in around 2001- i accepted treatment with an epidural in my spine, i believe no anaesthetic was administered and my screams could be heard throughout the maze of operating theatres, i managed to break one of my teeth during the pain but even my crying was ignored. Everyone denied everything afterwards even though the specialist was arguing with the anaesthetist, at the bottom of my bed, as i came round. I complained and contacted a solicitor but could not face re-living what happened. It now appears someone selected a few words of mine and wrote them on my records but out of context.

 

I now only receive Incapacity Benefit, i have done since June 2007, despite being bed-ridden. I have somebody helping me next week to reapply for Incapacity Benefit but i really fear i'll be turned down for that too, leaving me with absolutely no money coming in at all, well they've taken everything else from me.

 

I have, thanks to reading the topics on this forum, been pro-active and applied to see my medical records so i can get the offending words removed, those documents arrived this morning. What i need to know is if i can be expected to survive on no social security benefits? Somebody mentioned the services of an advocate, somebody who'd have my interest in mind and sort things out, but there's none in my area and advice is thin on the ground. I don't know where to turn next. Can somebody advise me please? Right now it looks like i'll be the only disabled/bed-ridden person in the UK not allowed to claim benefits.

 

Thankyou

Dave

[Bookworm]

I tried the appeals process but it was halted due to what was written on my medical records.

Sorry, could you clarify this? If you are going to go to tribunal to appea, then something negative could get it refused, but how can it be "halted"? :-?

[puzz1ed1]

Dave, where do you live? I'll happily look into advocacy services for you and see if I can locate anything locally for you. Is your disability just physical, or do you have mental health or leaning difficulties? Only reason I ask is that there are far more organisations offering advocacy and support if the latter is the case.

 

Feel freee to PM me rather than reply publicly if you prefer.

 

Steve

[colonelsun]

Sorry, could you clarify this? If you are going to go to tribunal to appea, then something negative could get it refused, but how can it be "halted"? :-?

 

Sorry i'm late in replying but my AOL software crashed my computer and i had to do a full re-install.

 

My tribunal had to be cancelled as my GP refused to tell the tribunal i was bedridden and had been for 11 years, without that letter the tribunal could not go ahead as they do not do home visits anymore- where the representatives from the tribunal would gather in your home and treat that visit as the tribunal.

[colonelsun]

Dave, where do you live? I'll happily look into advocacy services for you and see if I can locate anything locally for you. Is your disability just physical, or do you have mental health or leaning difficulties? Only reason I ask is that there are far more organisations offering advocacy and support if the latter is the case.

 

Feel freee to PM me rather than reply publicly if you prefer.

 

Steve

 

Hello Steve. Apologies for getting to your reply late but i lost just about everything when my AOL software crashed.

 

My disability is physical, most likely disc damage in my spine with nerve damage...i've basically been layed down in bed for 11 years. I live in North Lincolnshire not far from towns called Immingham and Grimsby. I did try a disability organisation called Dial UK and used their email address on their web page but apparently the address is dead as the email was returned to me.

 

Many thanks for your reply it has given me some hope. You know i'm pretty well educated but the benefits system has virtually abandoned me and i'm not sure how to get them to understand me. It completely escapes me how neighbours are enjoying 2 foreign holidays a year, own 2 cars and have a holiday home when they are claiming they are seriously disabled.....while i'm in bed 24/7 and have only witnessed natural daylight perhaps 4 times in 11 years YET i'm the one having to beg to keep one social security benefit. ( Sorry...my rant is now over ).

[colonelsun]

Further to what i've written above.

 

It now appears i am now looking at losing my Incapacity Benefit too. Which although i require around-the-clock care and am bedridden i won't be able to receive any benefits at all.

 

A claim for my IB was submitted at the beginning of the year and yesterday i received a letter about attending a medical, despite the fact my claim clearly says i am bedridden. I have no problems with a medical, i understand they need additional information, but how in God's name am i expected to get there?

 

I suspect my GP is at the root of this again. He's decided what i should be doing without any discussion with me. He's already been told i endured a bungled epidural procedure which makes me terrified of hospitals and he knows that somebody has written on my medical records, without my permission, that i've refused all treatment. I didn't realise GPs could control your destiny in this way.

 

I really need legal advice as to how much pressure a GP can apply to a disabled patient thereby virtually forcing me into doing things against my will. My GP has successfully prevented me from reclaiming Disability Living Allowance, renewing my Motability car, can he really prevent me from receiving any benefits at all.

 

Does anyone know of legal services that might listen to me? So far i've sent around 32 emails to various disabled organisations but received nothing back.

 

I live in the North Lincolnshire area encompassing Grimsby, Cleethorpes and Hull.

[Invasive_Frost]

I suggest you change your GP, I just googled about for you and found these numbers which may be some help (I think you come under the North East Lincolnshire area?)

 

Primary Care Development Team

 

Chris Clarke, Telephone: 01472 302877

Jenny Jacklin, Telephone: 01472 302862

Debbie Flowers, Telephone: 01472 302865

Crystal Coleman, Telephone: 01472 302864

 

If you have any general queries regarding local primary care services, our patient advice and liaison service would also be happy to assist, call 01472 302888.

 

RE: the medical examination I would contact the Jobcentre concerned and explain your difficulties, also the travel costs can be repaid to you i believe, but check that with the jobcentre as well and explain that normal public transport is out and that you would need a taxi (if you are able to travel in this way, if not then explain it to the jobcentre and let us know what they say)

[Mrs_Ryan]

Im reading this with some interest as my mum has a similar medical problem to you. She isnt bedridden but has very limited mobility and takes morphine for her pain.

 

Like you, she thinks no-one wants to listen to her and that is why she recieves LOWER rate DLA which is nothing short of disgusting. The disability benefit system in this country stinks. Have you thought of emailing your MP about this?

[AwakeNow]

Further to what i've written above.

 

It now appears i am now looking at losing my Incapacity Benefit too. Which although i require around-the-clock care and am bedridden i won't be able to receive any benefits at all.

 

A claim for my IB was submitted at the beginning of the year and yesterday i received a letter about attending a medical, despite the fact my claim clearly says i am bedridden. I have no problems with a medical, i understand they need additional information, but how in God's name am i expected to get there?

 

I suspect my GP is at the root of this again. He's decided what i should be doing without any discussion with me. He's already been told i endured a bungled epidural procedure which makes me terrified of hospitals and he knows that somebody has written on my medical records, without my permission, that i've refused all treatment. I didn't realise GPs could control your destiny in this way.

 

I really need legal advice as to how much pressure a GP can apply to a disabled patient thereby virtually forcing me into doing things against my will. My GP has successfully prevented me from reclaiming Disability Living Allowance, renewing my Motability car, can he really prevent me from receiving any benefits at all.

 

Does anyone know of legal services that might listen to me? So far i've sent around 32 emails to various disabled organisations but received nothing back.

 

I live in the North Lincolnshire area encompassing Grimsby, Cleethorpes and Hull.

 

 

Hello,

 

This sounds dreadful and really should be addressed by a member of parliament in your area.

Firstly, I think the best bet is to ask for help from Social Services as they would be able to assist in advocating your claim with the DSS – they have an online assessment feature which may help you get the help you need faster:

http://www.northlincs.gov.uk/NorthLincs/SocialCare/olderpeople/SelfAssessment/default.htm

Your GP is not doing his job, maybe you should change – this is the NHS Site:

http://www.nhs.uk/ServiceDirectories/Pages/ServiceResults.aspx?Place=grimsby&Coords=4088,5276&ServiceType=GP&SearchType=Local

If you wish to complain about the services you have received (and who wouldn’t in your position) the Law Society has a list of all solicitors in the UK and those specialised in areas suitable for your claims. I would also look for one that will do home visits as you are unable to get out.

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

There is also this web Site for Disabled which gives various information about any area in the UK which might be useful:

http://www.disabledgo.info/

It sounds as if you may need help of an advocate as you are limited to how much you shall be able to do in person and I have found these links for your area:

ACE

Contact: N/A Address: 89, Victoria Street, Grimsby, Lincolnshire, DN31 INH Description: N/ATarget Group:N/A Tel: 01472 359054 Email:Send Email Fax: 01472 250659 Web:N/A

CALL-ADVOCACY IN LINCOLNSHIRE

Contact: Liz Ash Address: Unit 12, Allenby Business Village, Crofton Road, Lincoln, LN3 4NL Description: CALL is a voluntary agency providing independnet advocacy for people in LincolnshireTarget Group:All forms of advocacy Tel: 01522 511114 Email:Send Email Fax: 01522 510215 Web:CALL - Advocacy in Lincolnshire

Advocates may help you with your search for a new doctor, solicitor, help with the DSS claims and so on.

MP’s for the area that I have found are:

Shona McIsaac MP for Cleethorpes, Immingham and Barton.

http://www.shonamcisaac.com/

Ian Cawsey MP for Brigg and Goole

http://www.iancawsey.co.uk/

Rt Hon Elliot Morley MP for S****horpe constituency

http://www.northlincs.gov.uk/northlincs/councilanddemocracy/membersofparliament

let me know if any of this helps if not I can keep searching.

[colonelsun]

First of all i'm touched that people took the time to reply to my post. Secondly i really do apologise for not getting back to the forum earlier.

 

A small update:

I telephoned the company who were to assess me medically and were surprised i was even on their list of people to see anyway. My Practice Manager at my GP's surgery faxed them details of my condition and within 24 hours the appointment was cancelled, i received a confirmation note confirming this and was told not to worry. So my benefit is safe until the next time..

 

Coincidentally it was not my GP who had faxed my medical details to the place dealing with my medical, he was on holiday. My Practice Manager was so helpful and understanding...he even had to query why i was not getting DLA...when i told him it appeared GP's now made that decision for their patients he was bewildered.

 

AWAKENOW: Thankyou for going to so much trouble on my behalf, you really are a good person. I'll make a note of the contacts etc and get to work on sorting out the whole mess.

 

As a postscript i have to admit the pressure of all this has made my condition worse. I believe i had a mini heart attack soon after i wrote the last post above. I don't know for sure if i did because my GP refused to come out and see me, it was left to a nurse on leave from Afghanistan, and who knew me, to help me. I'm still not sure if it was a mini heart attack as my GP's not interested but the use of my arms are now a problem and my speech has suffered.

 

God knows how my GP lives with himself because he obviously has no concience at all.

[colonelsun]

Im reading this with some interest as my mum has a similar medical problem to you. She isnt bedridden but has very limited mobility and takes morphine for her pain.

 

Like you, she thinks no-one wants to listen to her and that is why she recieves LOWER rate DLA which is nothing short of disgusting. The disability benefit system in this country stinks. Have you thought of emailing your MP about this?

 

Hello Mrs Ryan

 

Sorry i am replying to your post so late. I really sympathise with you as the benefits system, as it is now, isn't interested in people like your mum and me. Because we don't neatly fit into a tick box on a DLA claim form and actually investigating our position might entail some work on their part.......it's easier for them just to palm us off with a bit of money and hope it'll shut us up.

 

The DLA department should all resign in shame at how they treat vunerable people, and maybe they could appoint the very people the benefits are aimed at....who is better qualified than the disabled and sick themselves to make judgements on people's lives?

 

I'm sure we couldn't make the situation any worse.

 

I'm not sure if you are in contact with any care related organisation but i found that the Carer's Support Agency to be very helpful, they'll be in your local phone book if you haven't already come across them. I'm sure a Google search would bring up a result in your area.

 

I really hope you and your mum get some justice...you both deserve to.

 

Good luck and all my very best...

Dave

[Mrs_Ryan]

Hi there Dave,

 

thank you for replying to me... how are you getting on?

 

I cant believe what has happened to you... Im absolutely appalled.

 

I know what you mean about the investigation thing. In mum's case, they IGNORED letters from her consultant (a Mr Nick Todd, who is one of the top experts in his field in the North East of England) about just how serious her condition is, and ruled that she needs only minimal assistance in her day to day activities! She cannot walk unaided,(and even then can only go a few steps) she cannot sit for any long period of time, her sleep is frequently disturbed by her pain, she needs assistance to shower and dress.. my partner who has mental health difficulties following a nervous breakdown 2 years ago, and who I care for, gets lower rate DLA and he works full time!!!!!!!!!! My mum has never worked for over 10 years due to this disability... they even sent her a letter recently for her to go for a medical 'to try and help her back into work!' She was absolutely distraught over this, thinking they were going to try and force to go back to work despite the fact she is due to retire in 2 years.

 

What you say about appointing the people who know about how disability and illness really affects peoples lives is an excellent idea. What is more ironic is that my mum was a State Registered Nurse for most of her working life (until just after I was born in 1980, then she did private work for a few years before giving up nursing) and she spent most of her life looking after people. Quite rightly she feels really let down that when she needs some care no-one does care!

 

My sister is a senior supervisor in the Benefits Agency at Newcastle-upon-Tyne and I think she is helping my mum with things, but thank you for the Carers Support hint - I will pass that on.

 

i really hope you get some justice too - you deserve it!!

 

Mrs R xx

[adamrao]

Sorry to hear about your situation.

 

Please contact PALS (patient advice liasion service) who can liaise with you GP(s) on your behalf and trust me they are doing a great job. you need to explain everything to your advisor so s/he can start working on it. Its a free service. Ring 0845 46 47 NHS Direct to contact your local PALS service.

 

For more about PALS click Patient Advice and Liaison Services : Department of Health - Managing your organisation

 

Also make a fresh claim for DLA but this time get assistance from local CAB or NHS PCT link worker to fill your form.

[colonelsun]

Just a very short update in case anyone else is experiencing what i've been through.

 

Thanks to the member AwakeNow, and the links provided, i contacted 3 of my local MPs, all of which couldn't even bother to reply to my email. As of today there's still no reply. I hope they will hang their heads in shame.

 

I've also contacted 9 solicitors in my area who specifically deal with welfare benefits, again not one single reply. Do you see a pattern developing?

 

I've tried 3 local voluntary organisations hoping they'd help me make a fresh claim for DLA. Although they all said they'd get back to me they didn't, i contacted them again and another date was set, to date i've heard nothing else.

 

My carer spotted a sign in our village offering help with benefit claims and so put my name down....three weeks later still no reply. I logged into my old AOL email address to find a message from Citizens Advice Bureau. Apparently the CAB guy who first helped me appeal against my DLA rejection, he told the tribunal i could get there even though i was bedridden....well this CAB guy made it clear he wouldn't ever help me, in a very condescending email it appears he now makes all the decisions at his CAB office. Funny but he seemed so helpful in the beginning ONCE i'd signed the forms for Legal Aid.

 

Of course i had no idea the people my carer had asked for help were the CAB....i sincerely hope this CAB worker gets his come-uppence one day!!

 

I've also made phone contact with other voluntary organisations to help me with a fresh DLA claim but most have had their funding removed or else the local council has taken over their duties. The local council obviously realise there are DLA cases that are a certainty to get through and cases that do not...hence all their time and energy is aimed at the over 55 claimant.

 

Ironically one of the spurs to make a fresh DLA claim were the words 'refuses treatment' on my GP records and that will cost me £50...something i can't afford. Thank God the words 'do not resucitate' aren't on my records...LOL

 

From the bottom of my heart thankyou.....thanks to everyone that took time out to suggest something. But with MPs refusing even to acknowledge correspondence, solicitors doing the same and voluntary organisations either cherry picking clients or ignoring them....it seems to me that this is an acceptable way to treat the sick and disabled today.

 

God help us all.

[reallymadwoman]

How about the local paper? I bet someone will be interested in your story, and it may get picked up by the National press. I wonder how quickly MPs will be queuing up to help then?

[sallysas]

Contact your council and ask for a 'home visit' to fill in a new application. It dosn't matter what your age is, you are entitled to help filling it in.

 

I also suggest - first - you call the dwp and request a dla application form. This means that when you have been successful your claim will be backdated to the date you requested the form - not the day they received it back all filled in. You get a 6 week period to submit the form so it is important that you tell the council the form is 'date-sensitive'.

 

If the form from the dwp fails to turn up (human error) in a week call them again and remind them that you are still waiting as you requested the form on whatever date. They would then put another form in the post with the original date on it as they keep a record of all such telephone requests. That way you do not lose out.

[colonelsun]

Sallysas: Thankyou so much for your reply. I honestly didn't think anybody would be interested anymore. You've made my day honestly.

 

On behalf of my carer thankyou also......

 

I'll get in touch with muy council tomorrow.

[colonelsun]

How about the local paper? I bet someone will be interested in your story, and it may get picked up by the National press. I wonder how quickly MPs will be queuing up to help then?

 

Thankyou Reallymadwoman.

 

Unfortunately, and i think you know what's coming next, i have written to my local paper twice but my letters never appeared.

 

Strangely, if you trip over a raised flag stone in the street and tell your story in the local rag.....your tale gets reprinted 3 times. And if your cat returns from the vets sterile when it went there for a pedicure....your story is in the paper for months.

 

I've just noticed on this forum that my question has got 1695 views, it takes my breath away. Even if half of those readers didn't get further than my first paragraph it's comforting to know some people care.

[sallysas]

You're very welcome. Now you have 'phoned the dwp havn't you? Keep us informed of your progress. When the council employee helps you fill in the form he/she will answer the questions as if you are having a bad day. This will be to maximise your chances of getting the correct allowance as human nature dictates that we put a brave face on it and make out we are better than we really are. They tend to allow at least an hour here in Brum to fill these forms in - and they do it all the time so are experts. If it were me I'm sure it would take hours...................... (being a non-expert):)

[seanamarts]

colonelsun

please get in touch with your local social service office, they will assess your needs and will help with your forms etc and what care your are entitled to. They do have a lot of clout and often shout louder than most expect especially for people in your position.

North Lincolnshire Council - Disability

North Lincolnshire Council - Intermediate Care Service

have a look at these links and give them a call, they will come out and assess you and you dont need to be refered by your GP either, you can do it yourself or the person who cares for you can do it also. give them a call and see what they say. Im sure they will also write on your behalf to the DLA outlining your needs for this benefit. Social Services helped me out no end when I had my stroke and again when diagnosed with MS. My GP at the time was useless and they helped me with forms for the DLA, helped me with equipment that I needed ie wheelchair, bed supports allocated me with round the clock care and various other help, they didnt contact my GP once just assessed my needs on what they saw and how I coped. I know they have had some bad press in general, but this side of social services are more than willing to help you.

good luck and I hope you do contact them

[seanamarts]

oops not allowed to post that website sorry