Dla renewal refused

[foggiepete]

Four years ago I was seriously injured in a house fire.Seven operations later:

Left arm amputated, left leg serious burns and severe nerve damage and 46% full thickness burns to rest of body.(Nearly had my left leg amputated as well).

And of course this caused me to land up in loads of debt.I have posted on the CAG about this as well.

After spending 7 months in hospital (2 in intensive therapy unit on a life support machine) I was allowed out knowing full well the rest of my life would be affected.

After a few months I was advised to apply for DLA which I was granted with no problems.

I went on to motability and I got a car on the scheme.

I paid for the adaptions myself (infra-red remote controls with one handed driving ball)

As people will know you replace your car after 3 years for a new one.

I re-applied back in December 07 as you do, And to my shock and horror was refused DLA at higher rate and care component.I was awarded them both at the lowest rate indefinately.

I of course questioned this decision and they told me it was based on my local GP's report and also what I had written.

I got a copy of my GP's report from DWP and he had written on it............. Walking Unafected.

I of course went round to the surgery to see him and his answer was he didn't realise I had problems walking. (Do doctors not read reports from hospitals about their patients these days?)

I do understand that he was not my GP until after my accident and that I still go to a large city hospital for treatment and he does not know much about me.

After another two reports from him (With a fourth on its way) to DWP I still got refused.

Their reasons......Mr T------- attended his Gp's and..... HE! .....stated to his GP that he could not do this/could not do that/had serious problems with walking.This is the opinion of himself .........NOT HIS DOCTORS.

 

 

My GP admits to making mistakes apoligising to me and the DWP for NOT realising my condition and asking them to award me the original award I have now been refused, ie:Higher rate care component/mobility component.

In their refusal they also state that because I live in a one level house....NO problems with stairs.

Well...... I have two steps to get into my house but have rails attached to aid me in getting inside and excuse me if I am wrong but do no other places in the UK not have stairs.

They even go so far to say.....I have no problems turning over in bed/changing sheets, ect using a pee bottle for toilet needs in the middle of the night.....As I can use my right hand and....BOTH ARMS.

 

HELLO.....I only have one arm!

 

They just seem to be nitpicking at any excuse to refuse me DLA (my GP's own words) and if your reports are not right then you are stuffed.

 

I gave the DWP my Surgeons name ,ward number address ect, my Physiotherapists details, the specialist pain clinic I go to ect, They have not contacted one of them, telling me.......your GP knows you best.

NO he doesn't!

I am basically being called a liar.

How can you be disabled (seriously) as it states on my Incapacity details, and three years later......... the magic fairy came and made me all better.

These people are morons, the person that knows me best and how my disability affects me every day is myself.

But without my GP's report being worded correctly I have been refused DLA.

The trouble is , no-one explains how to fill up these forms which are a nightmare any day of the week and what to put in them.

I contacted CAB who have been very helpfull and are going to represent me at the hearing.They told me it should not even be going to a hearing and that I should have no problems getting the decision changed

Along with my GP's fourth report I hope I finally get this mess sorted.

But what annoys me the most is that I, not the DWP have to run arround sending letters/phoning people getting reports from my surgeon ect,

 

Never mind......Thank-you DWP for ruining the rest of my life and taking away the only freedom I had and the ability to go where I wanted.

 

My mobility car goes back tomorrow 22/04/2008

 

And for also taking away what basic money I had coming in.

I did not ask for this life changing accident, I had a good job /a decent car /holidays ect.

Do I become another statistic in your files, on Incapacity benefit the rest of my life ?(thats even being questioned now, how my disability affects me from working, forms you sent me to fill in) and spend the rest of my life stuck in my house.

I'm only 48 yrs old, is this it ?, my condition will never change.

 

No wonder people go mad!

[tiglet]

That's awful FP - i just hope the hearing goes your way.

[AwakeNow]

I don't what to say, I really feel for you.

 

Sound's like you need to change your G.P. tho as this one seem's unable to read reports.

 

Hope your social worker gets an advocate for you so they can help with any future paperwork and if need be just there for moral support.

 

Good luck.

[Dorabell]

Hi foggiepete sorry to here about your troubles i think thats terrible:( my husbands got his appeal tomorrow he applyed about 18months ago and was awarded it, he is a insulin dependant diabetitic so last month they decided he now longer qualifies, so he decided he was going to appeal his argument is why was he awarded then and not now because is circumstances have not change and is illness is never going to get any better

[HalifaxPickle!]

Keep strong!

 

Do you have any help available to help you with your appeal? The CAB might be a good place to start.

 

DLA is becoming more difficult to get awarded.

 

Look on the plus side though that they agreed that your health would not be improving as they gave you an indefinite award and you could argue this if they decided to reduce to a fixed period but increase your award IYSWIM.

 

HP

[foggiepete]

Thanks for the replies,

I did get in touch with my local CAB and they even told me I should have no problem getting my DLA reinstated at the Appeal and they are going to help me and represent me at the appeal.

Its just a case of waiting now for the appeal date.

[tiglet]

Is your social worker helping too?

[foggiepete]

I don't have a social worker but I have an Ocupational therapist who helps me.

[tiglet]

It may well be worthwhile contacting social services and asking for their help - they can be really helpful.

[mike4754]

I don't have a social worker but I have an Ocupational therapist who helps me.

If you do not get your DLA reinstated at the appeal, Google, Welfare Rights for All and contact them or pm me.

 

Good luck

[pinadagolf]

I have just been reading your account .The very best of luck with your appeal, it's so unjust , you should definitely be awarded DLA. high rate mobility and your care needs reinstated. Pinada golf lady x

[foggiepete]

Well folks,

Its just gotten worse.

After being on the phone umpteen times for the last week to my lovely friends at DWP because they only paid me low rate care component (£17.10) per week, I have been asking them where the mobility lowest rate component was.(4 weeks worth)

I dictated a letter I received from them on 18th January stating as from 15 March 2008 I was now only entitled to lower rate mobility and lower rate care component.

Today I have been informed they have made a mistake and that I am now only going to get lower rate care component and.....no mobility component at all.

They admit they had sent me the wrong award details and they will now be sending me a letter stating..... lower care component only, and that they are sorry.

Well thank you once more DWP for making my day and giving me more bad news and heartache.

I know £17.10 a week is not much but its better than nothing to me.

Christ! they don't half know how to kick a person when he is down.

 

Whats going to be next I ask myself?

[tiglet]

Try and stay strong and positive for your appeal.

 

have they asked for you to be examined by one of their doctors?

[foggiepete]

No they haven't asked for me to be examined by one of their doctors at all.

But knowing my luck that will probably happen.

I asked my own GP for the fourth report about me nearly two weeks ago.I also informed him I needed it quickly as I only had 14 days to return the appeal letter.

After phoning his surgery twice, this past week, where's my report ?

It still hasn't been typed out yet and I won't get it till next week.

Thank god I phoned the appeal tribunal people to tell them about the report from my GP will be arriving later.

Its things like this that make me mad, my own GP can't even organise a report to be typed up on time.

He has quite a lot to answer for and explain why he has messed this up from the start, he just cannot be bothered.

[tiglet]

Have you considered complaining to the practice manager at the surgery?

[foggiepete]

My problem is .......He is the practice manager.

Because I stay in a very small village there are only two doctors at the practice, himself and a part time doctor. Worse still the other part time doctor is his wife.

I did complain about him to the DWP but all they say is.....we can't comment on that.

[tiglet]

If you want to keep the relationship going because of the small area, it might well be good to go along and chat to him, telling him about the stress this is causing you and asking him to help.

 

Otherwise, a complaint to the GMC or BMA may be appropriate.

[PriorityOne]

Just read your thread with disgust !!!

 

I went to an Appeal tribunal years ago to battle for my daughter's DLA. It had been awarded initially without probs. and then turned down on renewal.

 

If people are prepared to battle on to the tribunal stage, then a great deal of decisions are normally overturned.... it's just such a frustration that you have to go through this, when life is hard enough as it is.

 

The very best of luck to you.... when is the hearing ?

[foggiepete]

Thanks again for all the support and advice folks,

 

I have not received a date for the appeal hearing as of yet, I m still waiting for my GP's latest report (fourth one) which hopefully I will get on Wednesday.I have told them to send a copy to DWP and to keep a copy for myself which I can check to see if he has finally got correct.

I am tomorrow going to try to get hold of my original surgeon to get a report from her stating the real condition of my left leg.

As the DWP have stated in their reasons there is nothing wrong with me basically.

LOL..........If I didn't laugh I would go mad.(if I haven't allready)

[please return my money]

Have you appealed??????????

 

You have a right to appeal if your dla is refused or reduced.

 

And you have to really battle for it today!!!!!

 

Last year I got refused and appealed and guess what I complained about those in wheelchairs running out of the building when the fire alarm went off.

 

the reality is that for every genuine claimant there are those that arent even if the disability is genuine.

 

The longer you have it the more you adapt and to them the less you need adaptations.

 

For goodness sake put in an appeal

 

good luck

[please return my money]

forgot to mention

 

 

threatening them with a case under the disability discrimination act also helps xxxxx

[foggiepete]

Yes I have appealed twice and turned down twice.Now its going to an Appeal Tribunal where at least I will be able to speak my mind.

I have finally got my GPs fourth report, I am just about to read it.

I conntacted my Physiotherapist and my pain clinic Doctor to see about getting a report from them.

The physiotherapist is off sick till Thursday and the pain Doctor needs an official form sent from DWP which she would gladly fill in.

I originally gave these Doctors contact details and phone numbers to DWP and it even states on the appeal papers they and I have that...........Mr T........ has stated that he would like us (DWP) to contact his physiotherapist and specialist doctor.

Have they ?

Have they hell!

I even phoned and asked DWP to send two forms to my specialist Doctors, they haven't even bothered.

It has to be a form from DWP for legal reasons regarding a report from both my Specialist Doctors.

Without these official forms they cannot supply a report.Maybe thats why DWP haven't sent them to my Doctors because it would dissaprove everything they state.

This is one of the points I will be raising at the appeal because they are the ones that know my condition not my GP as they keep stating.

My GP even states that HE does not know much about my condition and to get in touch with my other Doctors.

 

I can't wait for the hearing now,I can rip apart nearly everything they have used to refuse me DLA.

I shall try phoning DWP again to send out these forms to the other Doctors.

Pete

[foggiepete]

Just off the phone to DWP they are stating that the decision maker decides who to contact and goes by their report ...not who I asked them to contact.

They have basically refused to send an official form to my specialist Doctors.

Who the hell do they think they are!

 

I hope they taped that conversation.I just told them I would wipe the floor with them at the appeal.

[KJK]

I am really sorry to hear about your problems with DLA. I am a Housing Support Worker and in the past have tried to help many of my clients with appeals. A few years ago they seemed to be quite fair but within the last 12months thye have refused everything. It is disgustin that they are depending ona report from your GP, I have a case at tribunal on 03/06/08 (this has taken a year to get to this stage) she went from High rate to nothing even though she suffers from Cardiomyopathy a degenerative heart condition which cannot be cured. They had based their decsion on a report from her GP. She hadn't even seen that particular GP for 3 months!!! We urged them to get another report and she went in to see her GP and the 2nd report was just as poor and the GP never even asked her how her condition affected her on a day to day basis. I just think the GP couldn't be bothered. Luckily we requested a medical examination by a Doctor from the DWp and fortunately he was very sympathetic and has done a really comprehensive report. My client doesn't want to attend the tribunal hearing as she feels so intimidated by the panel. I can't say I blame her, the panel seem to start with the assumption that you are a benefit cheat and it is up to you to convince them otherwise. It is totally humiliating. From a financial point it is devastaing for the last year she has only been receiving £82.00 benefit. How could anyone manage on this even without an illness/disability. I don't know how the government can sleep at night.

You might want to check out the DWP complaints proceedure as you can claim a small compensation payment if they have made a mistake which has resulted in you suffering a financial loss, I have never tried yet but it might just help you until you get your tribunal hearing. Best of luck to you I really hope you get what you are rightly entitled to

[KJK]

This is terrible when I get started on DLA I feel like I could go on and on!!! But what I forgot to say was you could check with your local Council to see if there are any floating support schemes in your area and then you could get a housing support worker like myself and they would help you with forms, bebefit information and accessing expert advice etc. If you want any further information the just leave a post - Again best of lcuk and let's hope the tribunal remembers that your situation is exactly why the Welfare benefit sysem is supposed to exist in this country!!!! To help people suffering extreme hardship!!!!!!