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Dla renewal refused


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Thanks for the replies and people taking interest and the time to read this thread.

 

 

Finally read my GPs fourth report.

At last he has finally got it right.

He is astonished and shocked that his previous reports have stopped me getting DLA, especially the last one where it stated that it was my opinion not his.

He has now stated the obvious.....that I am severely disabled and will be for the rest of my life. Also all the reasons DWP state for the refusal he has shot down in flames.

He also states that he is offended that DWP blame him for the refusal and states he has ample specialist reports available about me if they wish to see them and asking them to reply to his letter stating what else he can do to help me.

 

I doubt very much that DWP will ever contact him because this proves beyond a doubt that they are totally wrong in my case and have made a real balls up of the whole situation.

And as he states the post traumatic stress and all this has taken its toll and its me that suffers.

He has sent a copy to DWP but I doubt it will find its way to the appeal board.

But its on its way to the board allready......I sent off a copy direct to them today.

Lets see them squirm out of that.

 

Roll on tribunal day!

Here's a question other members who have been to a tribunal may be able to answer.

When you telephone DWP I was under the assumption that all calls were logged and written down on my records.

Is this so ?

I don't think they do because according to my appeal papers......I have only phoned them twice since November.

I can bloody assure them that its a heck of a lot more than that.

I have kept my phone bills and 80% of my calls were to their number.How are they going to explain that?.

They are digging a bigger hole everyday.

 

 

Pete

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Hi Foggiepete

I have read in the national newspaper today about a soldier who lost his leg in Afghanistan and he has just lost his DLA and his blue badge. He has been fitted with an artifical limb and the DWP now believe he is no longer entitled to DLA. Has the world gone mad, a man who gave an oath to queen and country to protect the nations interests is refused financial assistance to the Country who introduced the Welfare state. It makes me so Angry. I know working with people who have to survive on benefit income alone you need every penny you can get.

In respect of your question do the DWP record every call? Not likely I have been to tribunals and they haven't even been supplied with all the correct papers.

The tribunal will not look at the mistakes made by the DWP (you could save this for a further complaint) the tribunal is made up of 3 people a Doctor to ask you questions about your medical condition, a Solicitor to check any legalities and someone from the Care profession who will ask you questions about your care needs. They will basically ask you the same questions as on the application form such as do you need help with cooking a meal for yourself, do you need help during the night etc etc. What I would say is make sure you take a copy of all the relevant paperwork and then if anything hasn't been sent to the tribunal panel then you can present it at the hearing.

Again and I know I am going on but it amazes me how the DWP can be allowed to make such bad decisions when it has a devastating impact on peoples lives.

I really hope you are sucessful my most recent case is at tribunal on 03/06 I will let you know the outcome.

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KJK The reason the soldier lost his benefits is because the artificial legs these days are supposed to be so good that he will be able to walk run and drive without further adaptations etc. Ive come across this before.

 

KJK from what I have gathered over the last year is that the increase in people with disabilities versus the money the DWP have to give out dont add up. Many people with disabilities dont have the strength and determination to fight it or someone to fight their corner so the dwp dont have to pay out. I dont know whether this is true or not but I have heard that the Medical Doctors that do the industrial injury and DLA medicals are given targets to meet, so if they have already seen eg. 5 patients and their target is 2 to be allowed benefit, anyone seen after that is automatically refused. When I went for my last medical the dr had my whole benefit medical file on the desk and read it in front of me. So much for being an independant medical.

 

I think you are doing a great job by the way.

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I must admit that when I have phoned the DWP asking if they have received doctors reports ect, they mostly always say they haven't got them.

Last GPs report (third one) turned up five weeks later.

I do not trust them one bit to have all the reports and paperwork, thats why I have kept copies of everything including all reports and letters sent to them.

Christ! I would be lost without my computer and printer.

 

 

RE....The guy who was refused DLA because he had an artificial leg....You just have to look at the Para-olympics (spelling) and see all the athletes running about with those springy things on their amputated legs and they think everyone could do that.

I myself have an artificial left arm, its bloody useless.It does nothing and its only for cosmetic looks.

I tried it on once and didn't like it, its heavier than my original arm was,Its in the cupboard in my kitchen.

I sometimes have a laugh when people ask me....Where's your arm ?

I just say.....Oh sorry I've left it at home.:)

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Hi PRMM thanks for your positive feedback. I hear what your saying. I heard from a retired fraud invetigator that years ago when DLA was an under claimed benefit (I remember the the Benefits Agency literally doing roadshows around the Country to encourage people to claim) the Benefits Agency in it's wisdom made a hige number of lifetime awards, and as you have noted now there isn't enough money in the purse to carry on paying these lifetime awards and to cover new claims as well. So alot of genuine claims are being refused not because they are not entitled but because of poor managment and organisational maladministration Maybe those MP's who are claiming hundreds and thousands of pounds in expenses on top of their already grotesquely inflated wages could redirect some of these public funds to more deserving people. :D

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Hiya

 

Just read your thead and felt like i had to give you my support.

 

The people that decide on who gets their money and who doesn't needs to be more sympathetic with people and their dissabilities and how they got them.

 

I hope you get your decision reversed and all the money you are owed given to you.

 

Good luck

 

Mummy_of_five

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  • 2 weeks later...

Latest update.....

 

Last week I received a letter from the Tribunal board stating they had received my Doctors latest report and have sent a copy to DWP and a copy to myself to put in with my appeal papers.

It was me that sent them the report in the first place......Do they not think I kept a copy and also sent a copy to DWP?. :???:

Makes you wonder if they know what they are doing.

 

Today received another letter from Tribunal board asking me permission to get further medical evidence as the Chairman wants this.

I phoned them and asked why they want more medical evidence as my GPs latest report proves without a doubt that I am severely disabled and should have DLA reinstated immediately.I also stated that on numerous occasions (also in writing) that I had asked DWP to contact my specialist Doctors and they point blank refused to do so.

The guy in the Tribunal office said to mention this at the appeal..........Too true I will.

He then informed me that they want an independant Doctor to visit me at my home and assess me.

What that means is anybodys guess.

I hope he doesn't trip on the stairs the DWP said I don't have :roll: or fall over my imaginary rails that help me to get in my house.

He stated that if the independant doctors report is in my favour the DWP will have to reverse their descision.

Well if they had done this to start with it would have not needed to go to a Tribunal.

What a waste of money this must cost.

He better hurry up and get here quickly as in 18 days I am away on my holidays to Thailand. (sixth visit).

I better not tell them that ...we disabled people are not supposed to have a good quality of life.

There at least I am treated as an ordinary person and I have many ex-pat friends there, also my girlfriend who works for one of my mates as a waitress/barmaid looks after me better than a nurse. :grin:

One good thing is at least I get on the plane first and get help to go through immigration/customs when we land.

Well the letter is signed dated and posted back today.

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You are as entitled to a holiday as the next person - they cannot hold this against you - well, obviously there are certain types of holiday such as white-water rafting which could be held against you, but you know what I mean ...

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Yes ,I can just see me doing a bit of bungy jumping :wink:

 

There was one guy in our small village asked me why I could afford to go to Thailand three times in one year, while he had to struggle on Jobseekers allowance and he could not afford a holiday.

 

I first replied to him......Simple get a job!

I then told him that if he really wanted to be able to do as myself, first he would have to be nearly burned to death, your relatives being told you might not live, spend a few months on a life support machine, then of course there's the seven or eight operations,waking up to find your arm has been amputated and then suffering pain like he could not imagine and of course spending months in hospital.And then being told that you can never work again.

 

All this while being still paid by my employer for all the months I was in hospital.

Yes its easy really :rolleyes:

 

Then you get the.........You got a free car

Some people just have not got a clue!.

 

Never mind, I can go and argue with my neighbour across the street who now thinks that because I have not got a car anymore that he can park in my .........reserved for disabled permit holder _ _ _ _ (me).Its written on huge letters on the road.

He thinks the disabled permit came with my car.

I have news for him, I just got it renewed for the next three years.So the space is still mine whether or not I have a car.

He is just an ignorant muppet.

I know there are only five parking bays right outside my house, one of them being my Disabled space.

Not my problem.

When I first got my house the cheeky sod had two cars and thought two of the spaces were his. Arrogant Piers Morgan!

I did say to one of my other neighbours to use my space if there were no other spaces, but that cheeky bugger did not even have the decency to ask me.He is in for a surprise, I think you can be fined now for parking in a disabled space without a badge.

Would he jump in my grave as quick ?

I also read somewhere, a good comment to say to him..........You have taken my disabled space.........Would you like my disability as well :rolleyes:

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Foggiepete, I'd recommend you join Benefits & Work - it helped me deal with hubby's DLA claim. Once you're a member you have access to all kinds of paperwork and can download guides that take you through all the forms step by step, help you with the 'correct' wording to make the best possible claim.

Home : Benefits and Work

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Well folks,

My latest update,

 

Received a letter today from the appeal tribunal

 

About your Disability Living Allowance Appeal

 

I have been advised that the appeals officer has revised the decision on your case and that the decision is a more favourable one.This means that your appeal has now lapsed and I will take no further action.

If you think the decision is still wrong you must lodge a fresh appeal.

 

Thank god,

At last, someone has finally got it right.

 

I phoned the appeal board to make sure this is correct and they assure me it is.

I must admit though, it would be nice to have been informed by the DLA first,(They haven't sent me any letter yet) but the tribunal man I spoke to assured me they will.

They must be working out how much back dated money they are due to me.

So no Doctor coming to see me and no appearing at an appeal.

All the stress and heartache this has caused me is finally over, and I hope someone in DWP gets their backside kicked for this fiasco.

I would love an apology from DWP, but I doubt I will get that.

So folks, anyone in my position who gets refused DLA .....don't give up, And fight for your rights, it can work out in the end. (sounds like a song that does):)

At least I can go on holiday now with no worries. 9 days to go :D

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Well done foggiepete - you enjoy that holiday - you deserve it!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Congratulations foggiepete. I'm glad that you didn't have an independant doctor visiting your home to assess you. The local GP who did my husband's home assessment was a comedian and his whole report was a tissue of lies.

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I got refused a few years ago. I was on the higher rate mobility and the lower rate care. My doctor told me I needed more care and to put in for the higher rate care. They gave me the middle rate of care and told me that both of these would run out in August 2006 instead of ongoing :confused:. I have both osteo and rhuematoid arthritis. When this was due to run out I had to reapply just like you have. The DWP sent out one of their doctors who in turn said that there was nothing at all wrong with me. I have only had this problem for 21 years now and I am only 38 :evil:. When I went for an appointment with my rhuematologist he asked what benefits I was on. When I told him I was only on income support and why he could not believe it. The medical and scans that he sent me for confirmed what was wrong and it isn't just the arthritis. The DWP reinstated my claim to higher rate mobility and lower rate care. This runs out again next year so I have to reapply. I only hope that I dont have as much trouble as you have had.

Edited by jovinutter
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Congratulations foggiepete. I'm glad that you didn't have an independant doctor visiting your home to assess you. The local GP who did my husband's home assessment was a comedian and his whole report was a tissue of lies.

 

I have had a doctor from an independent doctor who said that I didn't have a thing wrong with me :evil:. They think that a problem will go away if they say that. I have osteoarthritis and rheumatoid arthritis. You cant fake these things, especially with scans.

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Thanks all, for all the good wishes.

 

As of today I still have not received notice of my DLA.

I phoned the DWP last week on the 23rd and they said they had posted me a letter.He would not tell me on the phone.

Surely it does not take nearly a week to receive a letter :-?

 

I am starting to think that because I stated I would not be available for an appeal hearing from 1st june- 25th june,(I did not say I was going on holiday) they are playing funny sods and realise that...... from the 21st May when I first received word of the change in my award, if its not what I expect and I have not been awarded my higher rates back, by the time I am back and available again after 25th june.......1 month will have passed and I will not be able to appeal against the decision if I think its wrong.

Thats what they may think, well folks if its wrong I will just start a new appeal again explaining that I did not receive notice for over a week and was unavailable after this time.

So stuff their time limit of a month to appeal.

Bank holiday or not it still doesn't take a week to send a letter even second class.

It must be coming on horseback, a bloody pigeon could get here quicker.:rolleyes:

 

I am not going to let this spoil my holiday.

My suitcase is nearly packed, (sorry folks no room for anyone),I have my lift to the Airport sorted, my taxi to pick me up at Bangkok and my hotel booked yesterday on the phone.Its great having mates there, the more times I go the more I discover.The guesthouse I am staying in I discovered last trip, a recently refurbished English owned small place with plasma tv, new beds, new fridge. new toilets and massive shower. very tastefully decorated, in house laundry (pennies to get your washing and ironing done) two bars downstairs all for only £7.50p a night.

I just love Thailand and its people.

 

Come what may, I am going to enjoy myself.

Touchdown in Bangkok .........06.40am Monday morning :D

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Just had a call from my local council,

Asking me if I had a disabled space outside my house and if I was currently using it.

The other day I went out to my neighbour and informed him he should not be using my space and I then asked if he had a Disabled badge, he said he hadn't so I told him he had no right to park there.Especially since he had not even had the courtesy to ask me in the first place.

The cheeky sod has only phoned the council and informed them that I am not using it and do not have a car anymore.

Some people are just plain ignorant !

I was told he thinks he is better than everybody else.

Well, ain't he in for a surprise.

I told the council I would be getting another car soon and would be using it.

So stuff my neighbour, who the hell does he think he is ? :evil:

I had better not see him in the street or he will get a right piece of my mind.

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Finally,

Received letter from DWP today,

Shock and horror, the tale takes a new twist.

 

I have been awarded back the higher rate mobility component indefinately :)

But only the lower rate care component (because as they state I only need help to prepare a meal)

Here I go again.

Do I disagree with their decision ?

To true I do.

So its back to an appeal tribunal again.

 

To be continued.

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  • 4 weeks later...

Well folks I,m back home,

After a wonderful holiday spent with the girlfriend in Thailand in her home town in Sukothai which is way up north from Bangkok, its back to the appeal.

I today phoned the appeal board and told them I wanted the appeal to continue, and was told to contact DWP, which I did and they are sending me more appeal forms.

I discovered today as well that because I only get lower rate dla I do not qualify for income support and because I get Incapacity benefit I am over the threshfold for full rent payment,(by £5.50 per week) which means I am now in arrears with my rent.

Well I wish someone had told me about this. :mad:

I now have less income so I now have to pay rent :confused:

This does not make sense at all.

But if you are a junkie you get everything.

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  • 1 month later...
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