Refused DLA please help me

[Helen2264]

Hello All,

 

I have been refused DLA and at the moment are writing a re-consideration letter. I suffer with Rhematism in my arms and legs, anxiety and panic attacks and Gynae problems, for some 25 years now. My Gynae problems, I have severe migraines attacks 2 weeks before my monthly cycle, I've had 2 premature births, lost two unborn child, had 3 operations in the space of four years, literally house bound for 3 weeks in a month, doctor send me to have a scan 4 years ago due to excruciating pains, I have state all my problems down but for some reason it didn't meet the DWP criteria.

 

The reasons they refused, please see below

 

Help with getting outdoors,

 

I told them I don't go out at all when I am in so much pains, but they said i still have to write down how many metres i can walk before i feel severe pains, how do you county metres when you are in so much pains.

 

Guidance and Supervision

Need help because of anxiety and panic attacks

 

Preparing a cooked main meal

you need help with using kitchen tools, carry and lift safely

plan a meal

 

day/night help

 

There are more guys but I am in too much pains right now and cannot concentrate. Please someone help me. I've never applied for DLA before, it was infact the Job Centre people that told me to apply for DLA because of my health problem, the Job Centre made it sound so easy, but I didn't realise then trhat I will be climbing Mount Everest, I've been fighting since June, I am so worn out with it all.

 

If anyone has similar problem like myself, I would appreciated all the help I get.

 

Many thanks in advance

 

 

helen:(

[surprise]

Unfortunately this is part and parcel of applying for DLA, sometimes it takes more than 2/3 attempts. Appeal. Your best bet would be to contact your Welfare Officer at your local council they should be able to help you fill in this form. It is how you complete the sections that makes all the difference. for instance the first one

 

Help with getting outdoors,

 

Due to the severity of the pain I can only take one or two steps without help. It is therefore difficult for me to go out without assistance. The only time I go out is when I have help otherwise I am housebound.

 

I would strongly recommend that you seek help to fill this form out, but please appeal as you sound as if you are entitled to it.

 

best wishes.

[Helen2264]

Unfortunately this is part and parcel of applying for DLA, sometimes it takes more than 2/3 attempts. Appeal. Your best bet would be to contact your Welfare Officer at your local council they should be able to help you fill in this form. It is how you complete the sections that makes all the difference. for instance the first one

 

Help with getting outdoors,

 

Due to the severity of the pain I can only take one or two steps without help. It is therefore difficult for me to go out without assistance. The only time I go out is when I have help otherwise I am housebound.

 

I would strongly recommend that you seek help to fill this form out, but please appeal as you sound as if you are entitled to it.

 

best wishes.

 

Hi Surprise,

 

I thank you very much for your reply it is much appreciated, please accept my apology for the delayed reply to your post, I have been pretty ill of late, I'm still not well. Your post is valuable, I shall take notes and seek as much help as I can, this DLA business is a health hazard in itself.

 

many thanks

 

 

best regards

 

 

helen

[Elenathion]

I agree, definately appeal. I don't know the exact numbers but a lot of people are refused DLA and then win the appeal. Unfortunately with DLA, how you fill in the form can dictate whether you get it or not.

 

I would go to the CAB and ask them to help you with the appeal and also ask them to come with you to the appeal hearing. They tend to be very good with knowing exactly what to say or how to say it.

[sandraroff]

thoroughly recommend the citizens advice people. i was refusedDLA and they helped me with the appeal, filling in the forms etc. as said above, the way you fill the form in is the key. you have to fill the form in, as to how you would be on your worse day. mine took over a year at appeal, but i got it in the end. and they had to backdate it 18 months as well. do go to the CAB. they are the best at anything tlike this.

[misterm]

Hi

Another site and Forum i found helpful was

http://www.benefitsatwork.com

[Iaintpayingyoudotcom]

Hello All,

 

I have been refused DLA and at the moment are writing a re-consideration letter. I suffer with Rhematism in my arms and legs, anxiety and panic attacks and Gynae problems, for some 25 years now. My Gynae problems, I have severe migraines attacks 2 weeks before my monthly cycle, I've had 2 premature births, lost two unborn child, had 3 operations in the space of four years, literally house bound for 3 weeks in a month, doctor send me to have a scan 4 years ago due to excruciating pains, I have state all my problems down but for some reason it didn't meet the DWP criteria.

 

The reasons they refused, please see below

 

Help with getting outdoors,

 

I told them I don't go out at all when I am in so much pains, but they said i still have to write down how many metres i can walk before i feel severe pains, how do you county metres when you are in so much pains.

 

Guidance and Supervision

Need help because of anxiety and panic attacks

 

Preparing a cooked main meal

you need help with using kitchen tools, carry and lift safely

plan a meal

 

day/night help

 

There are more guys but I am in too much pains right now and cannot concentrate. Please someone help me. I've never applied for DLA before, it was infact the Job Centre people that told me to apply for DLA because of my health problem, the Job Centre made it sound so easy, but I didn't realise then trhat I will be climbing Mount Everest, I've been fighting since June, I am so worn out with it all.

 

If anyone has similar problem like myself, I would appreciated all the help I get.

 

Many thanks in advance

 

 

helen:(

 

Firstly, I wouldn't claim to be climbing Mount everest when u claim u can't walk very far. Thats the lighter side of it. Now to serious, In you claim pack, there is a leaflet about having problems filling it in, It reckonmends contacting your local CAB. Don't post anymore on this, get to ur CAB office and ask them to fill it in, then u get the help if u need to appeal.

 

Ignore these arguements and contact ur local CAB as soon as possible.

 

 

Any chance of Thread closed before the High courts are involved lol

Edited September 25, 2008 by Iaintpayingyoudotcom
I dunno I was bored

[surprise]

I think poor Helen will wonder what she has posted on for help? As previously stated please seek further guidance on completion of your DLA form. As I suggested earlier your Welfare Benefits Officer or the CAB. The Welfare Benefits Office in our region is brilliant and have actually written out to all households in the last month to contact them if there are any issues regarding benefits.

 

Good luck Helen.

[Bookworm]

That's amazing, Surprise. What area are you in, if you don't mind me asking?

 

I don't necessarily subscribe to the CAB advice. Where I live, the CAB is seldom open, and they know less about consumer rights than I do, and when it came to bank charges, for a long time, CAB's advice was to try and ask the bank nicely to help, so you can see why I don't see them as the ultimate solution. :-|

 

As far as DLA is concerned, as long as people take their time and use the advice given here, there is really no reason why they can't do it themselves: The forms themselves are not complicated, they are just repetitive, boring and ask the same question in 5 different manners.

 

I have been told recently that a good way to reply to the "how many times" and "for how long" questions is to reply "can not be measured", but haven't checked out how efficient this may turn out to be, so wouldn't advocate it. Once I find out, I shall report on it.

[surprise]

I don't mind. I come under Sandwell Metropolitan Borough Council. The letter they sent out was stating how many people they had helped and how they know that a lot of people are not getting the benefits that they are entitled to and have given them contact details. I think a lot more Welfare Offices should be doing this as there appears to big differences between help available.

[Bookworm]

Re-posting the relevant part of my moved post here, thanks SSL.

 

Quote:

Originally Posted by caro

I can't imagine that many claimant understate the severity of their disabilities

And in that you would be quite incorrect, m'dear.

 

The natural instinct (unless a raging hypochondriac, lol) is to play down the extent of our condition, an even more so when one is claiming on behalf of a child. In fact, that is probably the sole biggest reason why people get turned down (that and the fact that people die of boredom before finishing completing the 40+ pages of the DLA form! ).

 

Because the questions are so vague, people tend to go for an average rather than describing the worse case scenario, and that is their downfall. When asked how long it takes you to go to the shops, and sometimes it takes 10 mn, sometimes 30, the correct answer to the DLA is 30, not 20, because when you do need full assistance, then you need it for 30 mn, not 20, if that makes sense.

 

Helen, good luck with your claim, and remember that the key is to describe things as they are at their worst, not average. Also remember to use the word "discomfort" instead of "pain", because as far as SS is concerned, pain is manageable (painkillers), severe discomfort is not. Go figure.

[Bookworm]

Sorry, forgot to say: If you are in the process of asking for a review, and they turn you down, don't be afraid to appeal. The statistics for DLA are staggering: Over 1/2 who apply get turned down for DLA. Of those who then go to appeal, 2/3 (can't remember exact figures now ) then get the decision overturned. It's appalling, but there it... Meanwhile, SS save a lot of money by saying no, no, no.

[Elenathion]

I'm waiting for my DLA to be accepted or turned down now and I was wondering - if I get refused and it goes to appeal, when does it get backdated to? The original application date or the date of the appeal? Anyone know?

 

And back to the thread - I found the form incredibly difficult to fill in, mostly because my disability is mental health related and thats only a small part of the form. I actually had my community mental health nurse help me with mine and he helped me to put my difficulties into the context of the whole form such as putting that I need help in the difficulty walking section which I would have missed out otherwise as physically I am mobile but mentally I often need someone with me. My point is that I would never suggest that someone fills this form in on their own because incorrect filling in is one of the most common ways that people are refused DLA and also because as it's already been said here - people do hugely underestimate their difficulties.

[Iaintpayingyoudotcom]

I'm waiting for my DLA to be accepted or turned down now and I was wondering - if I get refused and it goes to appeal, when does it get backdated to? The original application date or the date of the appeal? Anyone know?

 

And back to the thread - I found the form incredibly difficult to fill in, mostly because my disability is mental health related and thats only a small part of the form. I actually had my community mental health nurse help me with mine and he helped me to put my difficulties into the context of the whole form such as putting that I need help in the difficulty walking section which I would have missed out otherwise as physically I am mobile but mentally I often need someone with me. My point is that I would never suggest that someone fills this form in on their own because incorrect filling in is one of the most common ways that people are refused DLA and also because as it's already been said here - people do hugely underestimate their difficulties.

 

Date of Application, but they do have a 12 week rule I think. This is because if u get a massive lump sum, it cancels ur other benefits. (this may of Changed)

[surprise]

Elenthion - My daughter's DLA claim is for mental health issues following a psychotic breakdown. The Ward Clerk at the hospital filled hers in the first time and she got turned down. Her first CPN did nothing about it and we were completely unaware of how the system worked so for 12 months after her illness she got nothing. She then had a new CPN who couldn't understand why she wasn't getting DLA as in her own words said "I have patients with far less difficulties than you and they are receiving DLA". She filled the form in and my daughter got DLA and she now receives this indefinately.

 

If you do have trouble as previously advised contact your Welfare Office.

 

Good luck.

[Bookworm]

Yes, date of application, no 12 weeks rule, I have seen people getting backdates going back months and months. Someone I went to tribunal with got it backdated over a year and got £4k lump sum.

 

There is no fast rule about filling in the forms and getting someone to help or not. Some people can, some can't. I doubt that when my son turns 16, he'll magically be able to fill it himself, but he'll still be expected to claim on his own.

 

The point is that with the scarcity of CAB in some areas, it would be a shame for someone to miss out because they are waiting for an appointment before they claim because they don't think they can do it themselves when in fact maybe they could. It's all swings and roundabouts, really. ;-)

[misterm]

www.benefitsatwork.com

provide very helpful A-Z notes on DLA and other Benefits

[misterm]

SORRY CORRECTION

Home : Benefits and Work

[misterm]

Home : Benefits and Work

[ADIE1965]

Here's another helpful one: Benefits and Health Information Service

[Helen2264]

I have been refuse DLA of course first reason was the form they've gone against everything I wrote down telling me I can do this and that. I am not surprised because I’ve seen many people from forums had the same things happening to them what you wrote don’t count.

 

Secondly they said it’s because I failed my ESA the decision was made by the Medical Professional at the ESA Medical that examine me saying I was fit for work. The problem is when I was waiting for my medical wars erupted because people was sent away the ESA medical centre did not have any doctor to carry any medical when I was call I ask the lady who saw me where was the doctor because it said in my letter I would have a medical she then told me what doctor there is only me the so call medical only last about 10 - 15 minutes with her typing ten to the dozen she ask me do I watch TV and read newspaper I said no then she ask some more stupid questions which was confusing me she also try to make little jokes to see how I react which at the time I was not in any mood of silly jokes so I just ignore her anyway that same lady said she doesn’t make the decision it’s up to the DWP elsewhere who makes the decision. So whilst the letter I received yesterday said the decision was made at the ESA medical the lady tells me another I was wondering if I might have a chance there oh! I intend to fight all the way I will be in contact with legal aid on Monday to get the ball rolling I will not let them fob me off or call me a liar and I want them to explain to me the definition of a medical and definition of a Health Professional which I’ve look are Doctors. Nurses, Psychiatrist etc the lady never introduce herself to me as a Doctor nor did she wear any badge as you see any Health Professional do. So yes I shall fight all the way. I need help to get myself back to work councilling cost £15.00 per session I cannot afford that on £64.30 a week they a denying people the very benefit which was created for people with disabilities.

 

 

 

The ray of hope is perhaps I can take them to the cleaners with my failed ESA Medical.

 

 

keeping fingers cross

[honeybee13]

Hello Helen. I'm sorry to hear you're going through this. Having been through it myself, I know how touch it can be and as you say, you're not alone by any means.

 

We appealed via the tribunal system and won when Atos and the DWP said I was fine, without looking at independent medical evidence.

 

Others here will correct me, because the system has changed a bit since my appeal, but first you need to appeal directly to the DWP, if you haven't already. If they don't change their minds, that's when you go to the tribunal.

 

You will need the appeal pack from the DWP, which should include a copy of your Atos assessment. I posted recently about how we appealed and will send you a link. If I move away from typing this, my reply to you will be lost.

 

Good luck with this, make sure you follow the system.

[honeybee13]

Hi Helen. This is the title of Neil's thread, it doesn't seem to work as as link for me [closet technophobe], hope it helps.

 

Please Help Me With My Dla Appeal

[Helen2264]

Hello Helen. I'm sorry to hear you're going through this. Having been through it myself, I know how touch it can be and as you say, you're not alone by any means.

 

We appealed via the tribunal system and won when Atos and the DWP said I was fine, without looking at independent medical evidence.

 

Others here will correct me, because the system has changed a bit since my appeal, but first you need to appeal directly to the DWP, if you haven't already. If they don't change their minds, that's when you go to the tribunal.

 

You will need the appeal pack from the DWP, which should include a copy of your Atos assessment. I posted recently about how we appealed and will send you a link. If I move away from typing this, my reply to you will be lost.

 

Good luck with this, make sure you follow the system.

 

Thank you very much for your reply it is much appreciated, I will ring Legal Aid today and seek help from them and will ring DWP for an appeal pack i'm so tired and ill with all this ironically I am fighting to get myself back to work which I have already told the job centre but I need help to deal with my disabilities first and receiving dla will help me with fund that I need get myself sorted and back to work. I was working up to 5 years ago.

[ErikaPNP]

Hi Helen. It is the DWP who make the decision based on the information provided by ATOS. The lady you seen if not a Doctor, should have been a nurse. For benefits purposes any medical carried out by ATOS must be carried out by someone registered with the GMC or the NMC. See here. You can ask for her name and check the registers to ensure she is listed.

 

In regard to the DLA decision, you need to find out on what basis of the ESA medical they refused you. The purpose of an ESA medical is to determine if you are capable of work; DLA has nothing to do with whether or not you can work - people can claim DLA and still work - therefore if they are basing their decision on the fact the medical suggested you can work rather than whether the medical would satisfy the DLA claim they are very wrong in their decision (regardless of whether the ESA medcial was correct or not). DLA is based upon the care and mobility needs which arise from your condition rather than whether it would affect your ability to work.

 

Now the ESA and the DLA both need to be appealed against seperately as they are seperate benefits administered by seperate bodies both within DWP. ESA is administered by Jobcentre Plus, DLA is administered by the Disability and Carers Service. The submission of one appeal will not count as an appeal against both.

 

You may also find your local Welfare Rights Office of great help; you can find them through your local council and they are a free service - there is no need to apply for legal aid. They can represent you at appeal also. If you would rather have a solicitor of course that is fine too, but be aware that most solicitors have limited knowledge of benefit law whereas Welfare Rights specialise in it. If you are going to use a Solicitor be sure to locate one who has experience in or who specialises in benefits to ensure the best chance of sucess.

 

You don't have to wait for the appeal pack, either. You can write a letter stating your wish to appeal, or you can view (or download and print) the appeal pack here

 

In your appeal, try to find as many contradictions in their evidence as you can; if you can, get letters of support from your health professionals to assist too, preferably with the contradictions pointed out.

 

Best wishes and keep posting - there are many members here who have been through the appeals service and won, who can help you through this.